The 2023 Florida Legislative Session is off to the races, starting last week on Tuesday, 3/7/23, with many pending Senate and House bills potentially impacting condominium associations.
Travis Moore, of Moore Relations and collaborating closely with the Florida Legislative Alliance, is running a very good weekly feature with FirstService Residential, providing the condominium association community with details and weekly updates of what is happening in Tallahassee.
We recommend you take a look at this helpful video update below, and for those who enjoy getting into the real details of each bill, we have listed in order the full pdf links of each proposed bill, touched upon by Travis in the video:
- SB 154 - revisions to SB 4D, structural integrity inspection requirements
- HB 1395 - revisions to SB 4D, structural integrity inspection requirements
- SB 1114 - addressing association illegal use of funds and fraudulent activity
- HB 919 - addressing association illegal use of funds and fraudulent activity
- SB 360 - clarifies and shortens time frame construction defect claims can be made
- HB 85 - clarifies and shortens time frame construction defect claims can be made
Regarding HB 85, Condo Leader is still seeking an interview for an open discussion with Florida State Representative John Synder and Carol Bowen of the Associated Builders and Contractors of Florida to better understand their reasoning for supporting this bill. ABC of Florida openly supports Rep. John Synder on the politics section of their website.
At first glance, it appears only developers would benefit from a smaller window time frame, limiting the amount of years condominium associations would be able to make 558 claims for the construction defect process.
If Florida condo developers, General Contractors, and sub-contractors closely follow building code and industry best practices, there should be zero difference among a 4 year window, a 7 year window, or a 10 year window to be able to file construction defect claims. Quality work theoretically is quality work, standing the test of time for the normal expected life spans of the particular product or construction detail. Associations understand and accept responsibilities for proper maintenance after construction. Shortening the time window for when associations can make construction defect claims is a completely separate issue from maintenance altogether.
Board of Directors, General Manager (CAMs), and condominium association attorneys need to spread awareness of this issue, to ensure condominium association voices are heard and advocates like Travis Moore and FLA are fully supported.
This 2023 Florida Legislative sessions runs from now until May 5th.
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