The Ramifications of SB 4-D
The passage of SB 4-D during the Florida Legislature’s Special Session in May, 2022, requires significant changes for thousands of Florida multifamily communities. These changes include mandated engineering inspections and reports, new structural integrity reserve studies and non-waivable, full funding of certain reserves.
This webpage is intended to be a resource for your community as you adjust to these important changes in the law.
SB 4-D Resources
SB 4-D Video Series | Online Class & Webinar | Featured Podcast | Articles & Alerts | View Full Bill
DBPR’s Building Report Form
The Florida Division of Florida Condominiums, Cooperatives and Timeshares has posted the form (which they have titled Building Report) which must be submitted by all Florida condominiums and cooperative associations with buildings that are three stories or higher.
This information must be submitted ON OR BEFORE January 1, 2023.
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Would you like more information? Already a client of Becker & Poliakoff? If so, please contact your Becker attorney directly.
If your Association is not a client of the Firm, and you would like information about becoming a client of Becker & Poliakoff click here.
SB 4-D Video Series
How Will SB 4-D Change Your Condominium or Cooperative Operations? Ken S. Direktor, Chair of Becker’s Community Association Practice Group, provides an overview of the new SB 4-D rules and invites you to join us as our attorneys explain how the new rules will impact you and your Community Association in this special video series.
- How to Pursue or Prevent a Condominium Termination
Presented by Rosa de la Camara - Finding the Proper Experts for Milestone Inspections and the Structural Integrity Reserve Study (SIRS)
Presented by Patrick Howell - What Is Involved with Milestone Inspections and SIRS and Who Is Needed to Perform Each?
Presented by Howard Perl - Proper Collateralization for the Loans You Will Need
Presented by Mark Friedman - Amending Your Documents to Address SB 4-D Challenges
Presented by Robyn Severs - Increased Reserve Funds Requires Increased Fidelity Bonding
Presented by Howard Perl
ONLINE CLASS & WEBINAR
1LU Credit
Provider #0000811 / Course #9631712
ORIGINAL AIR DATE:
November 2, 2022
SPEAKERS:
David Muller / Jennifer Biletnikoff / Brandon McDowell
SB 4D includes significant obligations relating to building inspections and reserve funding and boards are required to comply with the 2022 law by the statutory deadlines. Because SB 4D is somewhat complicated, it needs to be studied so that it can be digested and fully understood. Join Becker attorneys David Muller, Jennifer Biletnikoff and Brandon McDowell for this class webinar that will address these nuanced issues and answer directors’ and managers’ questions including:
- We had an engineering report performed in the last two years. Will this count as our milestone inspection?
- Can members still waive reserves for painting and paving?
- Can we no longer have pooled reserves?
- What if the reserve company we have doesn’t have an engineer or architect on staff?
- We have a monetary cap in our governing documents on how much we can increase our budget. What now?
- What if all these costs increase our assessments by more than 15% of the prior year’s assessments?
- What if our members simply cannot pay to fund these new reserves or the repairs outlined in the Milestone Inspection?
- What are the potential penalties under this 2022 law for being in breach of one’s fiduciary duties?
SPEAKERS
David G. Muller
OFFICE MANAGING SHAREHOLDER
Naples | Sarasota
Becker
dmuller@beckerlawyers.com
Jennifer L. Biletnikoff
SHAREHOLDER
Naples
Becker
jbiletnikoff@beckerlawyers.com
Brandon R. McDowell
SENIOR ATTORNEY
Orlando
Becker
bmcdowell@beckerlawyers.com
This program is not eligible for CEU credit or certificate of completion.
ORIGINAL AIR DATE:
November 2, 2022
SPEAKERS:
Donna DiMaggio Berger / Steven Mezer / Robert Caves
SB 4D includes significant obligations relating to building inspections and reserve funding and boards are required to comply with the 2022 law by the statutory deadlines. Yet SB 4D is somewhat complicated and will need to be studied, digested and fully understood.
Join Becker attorneys, Donna DiMaggio Berger, Steven Mezer, and Robert Caves for a panel discussion that will address these nuanced issues and answer directors’ and managers’ questions including:
- We had an engineering report performed in the last two years. Will this count as our milestone inspection?
- Can members still waive reserves for painting and paving?
- Can we no longer have pooled reserves?
- What if the reserve company we have doesn’t have an engineer or architect on staff?
- We have a monetary cap in our governing documents on how much we can increase our budget. What now?
- What if all these costs increase our assessments by more than 15% of the prior year’s assessments?
- What if our members simply cannot pay to fund these new reserves or the repairs outlined in the Milestone Inspection?
- What are the potential penalties under this 2022 law for being in breach of one’s fiduciary duties?
SPEAKERS
Donna DiMaggio Berger
SHAREHOLDER
Ft. Lauderdale
Becker
dberger@beckerlawyers.com
Steven H. Mezer
SHAREHOLDER
Tampa
Becker
smezer@beckerlawyers.com
James Robert Caves, III
SHAREHOLDER
Ft. Myers
Becker
rcaves@beckerlawyers.com
FEATURED PODCAST
For more episodes of Take it to the Board, click here!
In a recent episode of Becker’s “Take It To the Board” podcast, guest Tim Marshall, a Florida Registered Professional Engineer, Florida Building Inspector, and a Special Inspector, sits down with host Donna DiMaggio Berger and discusses just how busy his days have become since the passage of SB 4D, the new safety law in Florida requiring thousands of older coastal buildings to undertake milestone inspections within the next two (2) years. Founded in 1986, Tim is also the president of A.T. Design. A.T. Design provides forensic structural investigations, concrete deterioration and restoration investigations and assessment, roof investigation and consulting, construction management and project administration, hurricane damage inspections, post tension cable repair, expert testimony and more. The passage of SB 4-D during the Florida Legislature’s Special Session in May 2022, requires significant changes for thousands of Florida multifamily communities. These changes include mandated engineering inspections and reports, new structural integrity reserve studies and non-waivable, full funding of certain reserves.
ARTICLES & ALERTS
Since SB 4-D became effective May 26, 2022, it has been a trending topic in condominium associations largely because the legislation results in sweeping changes to the condominium and cooperative statutes. The law not only requires certain condominiums and cooperatives to conduct milestone inspections, it also requires a “Structural Integrity Reserve Study.”
Since SB 4-D became effective May 26, 2022, it has been a trending topic in condominium associations largely because the legislation results in sweeping changes to the condominium and cooperative statutes. The law not only requires certain condominiums and cooperatives to conduct milestone inspections, it also requires a “Structural Integrity Reserve Study.”
In addition to imposing new requirements for structural inspections for buildings of 3 stories or more in height, and significantly changing the reserve laws, the new law also creates new reporting requirements for condominium and cooperative associations.
The law requires that every condominium or cooperative association report specific information to the Division of Florida Condominiums, Timeshares, and Mobile Homes, no later than January 1, 2023. The information must be reported to the Division on “a form posted on the Division’s website.” The Division has now posted that form on its website.
The Florida Division of Florida Condominiums, Cooperatives and Timeshares has just posted the form (which they have titled Building Report) which must be submitted by all Florida condominiums and cooperative associations with buildings that are three stories or higher. This information must be submitted ON OR BEFORE January 1, 2023.
Summary of New Law Addressing Building Safety
by David G. Muller
7.19.22
The law is being phased in by requiring buildings that received a CO before July 1, 1992, to complete the first milestone inspection by December 31, 2024. The new law requires the “local enforcement agency,” presumably the local building department, to send notice to associations of the milestone inspection requirement. The association then has 180 days to perform a “Phase 1” inspection. It is unclear if the local building departments can accelerate the December 31, 2024 deadline.
If your Association is not a client of the Firm, would you like information about becoming a client of Becker & Poliakoff? If so, please let us know the name and location of your community and contact information.
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