To mark the third anniversary of the Champlain Towers South tragedy in Surfside, Fla., Community Associations Institute (CAI) continues to emphasize the importance of building safety through proactive maintenance measures and financial sustainability in condominiums, cooperatives and homeowners associations.

Reflecting on the enduring lessons from this devastating event and the lives lost, CAI remains dedicated to ensuring the safety and resilience of community associations nationwide through advocacy efforts at the federal, state, and local levels.

The partial collapse of Champlain Towers South on this day three years ago highlighted the need for more preventative maintenance, financial stability, and structural integrity. In response to this event, CAI led a comprehensive effort to supply community association leaders with necessary knowledge and tools to safeguard their communities and residents while providing legislators with sensible policy recommendations.

CAI is at the forefront of advocating for legislative changes to enhance building safety standards. Our commitment to doing whatever we can so another tragedy like this never happens again remains clear. The organization worked with lawmakers to introduce and pass legislation that mandates regular inspections, transparency in maintenance records, and adequate reserve funding for necessary repairs. These measures are designed to ensure all community associations adhere to best practices in building safety and maintenance.

Since the tragedy in 2021, the following CAI legislative action committees (LACs) led states and localities towards successful, proactive initiatives to create statutory requirements in associations to mandate reserve studies, reserve funding, and/or building inspections:

Florida – In 2021, CAI’s Florida LAC passed legislation requiring building inspections as structures reach 30 years old and every 10 years thereafter, mandatory reserve study and funding for structural integrity components (building, floors, windows, plumbing, electrical, etc.), removal of opt-out funding of reserves for structural integrity components, mandatory transparency to provide all owners and residents access to building safety information, clear developer requirements for building inspections, structural integrity reserve studies, and funding requirements prior to transition to the residents. This law also requires the engagement of the Florida Department of Business and Professional Regulation and local municipalities to track condominium buildings and their inspection reporting.

Since 2021, several local municipalities have passed ordinances requiring building inspections for condominium buildings.

In 2024, Florida also passed legislation creating the “My Safe Florida Home Program” allowing certain condominium associations to participate in a grant rebate program for building inspections, and for certain improvements in the inspection recommendation, which could lead to potential insurance savings.

Maryland – In 2022, CAI’s Maryland LAC passed legislation requiring community associations, which have not obtained a replacement reserve study (or update) since October 1, 2016, to do so within one year of October 1, 2022. Then, no later than the third annual budget cycle following receipt of an initial reserve study, the community association is required to allocate sufficient funds to meet 100% of the recommended funding level in the initial reserve study. Going forward, replacement reserve studies must be updated at least once every five years, and any increased funding recommendations made in the updated studies must be fully funded in the first budget cycle following receipt of the updated study.

The law also requires professionals who author reserve studies participate in the preparation of at least 30 such studies in the preceding three-year period, while employed by a firm that prepares such studies, and hold an architect’s or engineer’s license or have been certified by Community Associations Institute or the Association of Professional Reserve Analysts.

In 2024, Maryland’s legislature passed legislation providing counties the authority to establish a fund for the purpose of providing support for the repair of infrastructure in a community subject to a condominium association or a homeowners association. Funding can only be used to repair critical infrastructure normally paid for by the municipality, such as stormwater management, not amenities.

New Jersey – In 2024, CAI’s New Jersey LAC passed legislation following a two-year effort concerning structural integrity regulations for certain residential buildings. This legislation codifies additional procedures for inspecting, evaluating, and maintaining the structural integrity of certain residential housing structures across the state.

This act amends New Jersey’s Uniform Construction Code Act to ensure certain new and existing condominiums and cooperatives are periodically inspected and mandates a structural inspection report be issued as part of the Planned Real Estate Full Disclosure registration process. This legislation also amends the New Jersey Planned Real Estate Act to mandate standards for the periodic completion of capital reserve studies. This comprehensive legislation ensures no matter where a condominium or cooperative is located, it will be periodically inspected and findings will be shared with unit owners, local building officials, and prospective buyers.

Tennessee – In 2023, CAI’s Tennessee LAC passed legislation protecting Tennessee associations by requiring condominium associations be responsible for infrastructure within their communities through taking measures to establish a reserve study to be conducted in 2023, and then every five years thereafter.

New Castle County, Delaware – In 2023, following recommendations from a County Task Force on condominium safety with CAI members participating, New Castle County adopted legislation amending the New Castle County Building Code and Property Maintenance Code to establish routine inspections for certain common interest community buildings, including condominiums. Recommendations from this task force will be made to the Delaware legislature to update mandates to reserve studies and funding in the Delaware Common Interest Ownership Act during the 2025 legislative session.

Also of note, in 2022 Virginia established a work group under the Virginia Department of Professional Occupational Regulation to analyze the adequacy of existing law to address structural integrity and reserves in common interest communities. This work group provided a report to the Virginia senate and house committees on general laws in April 2023, with recommendations for how the state could improve their statutory requirements on these items. Legislation is anticipated in Richmond in 2025, which would strengthen state mandates of structural integrity and reserves in associations.

Connecticut, Hawaii, Illinois, and Michigan, introduced reserve study and funding legislation that is pending or failed over the last three years. These states intend to re-introduce this legislation in future sessions. It is critical that state legislatures and LACs continue to build a consensus and momentum, including education, on this critical topic.

CAI remains dedicated to its mission of providing education, resources, and support to improve condominium safety. By fostering a proactive approach through education and advocacy, CAI aims to protect the lives and well-being of all community residents.

Read CAI’s newly updated, award winning, Condominium Safety Public Policy Report: Reserve Studies and Funding, Maintenance and Structural Integrity for a full summary of these legislative and policy updates and access to relevant public policies here.

Find the latest information, resources, and legislative updates at www.condosafety.com.

 

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