The Surfside condominium collapse on June 24, 2021, exposed decades of deferred maintenance hidden behind reserve funding waivers. Within one year, Florida enacted the most sweeping condominium safety legislation in state history.
Building owners, property managers, and prospective buyers now face mandatory structural inspections, required reserve studies, and the elimination of funding waivers that allowed associations to defer critical repairs indefinitely. The December 31, 2024, reserve waiver prohibition is already in effect; Structural Integrity Reserve Studies (SIRS) must be completed by December 31, 2025.
This article explains what SB4D requires, which buildings are affected, critical compliance deadlines, and how associations can navigate milestone inspections and reserve study obligations.
What is SB4D?
Florida Senate Bill 4-D became law on May 26, 2022, with bipartisan support as a direct response to the Surfside condominium collapse. The law requires condo associations to meet new structural safety standards, with fines of up to $5,000 per violation from the Department of Business and Professional Regulation (DBPR) and potential criminal charges for board members who fail to comply.
The bill introduced two major requirements that changed how Florida condominiums must operate.
First, buildings three stories or taller must now undergo structural inspections at specific ages: 25 years for coastal buildings, 30 years for those further inland. These milestone inspections evaluate whether the building remains structurally sound.
Second, associations must complete a Structural Integrity Reserve Study, which is a professional evaluation of the building’s major structural components and how much money should be set aside for future repairs. Associations must then fully fund those reserves.
For decades, many condo boards voted each year to reduce or skip reserve contributions, keeping fees low but leaving buildings without adequate repair funds. The new law eliminates that option. Associations subject to these requirements must now budget for long-term structural maintenance rather than deferring costs.
Associations needing structural assessments can work with Florida-licensed engineers and architects experienced in condominium inspections.
What does SB 4-D mean for condo buyers?
Florida Statute 718.504 requires sellers to disclose specific structural and financial documents when selling a condominium unit. The Florida Realtors/Florida Bar Condo Rider, updated in December 2024, reinforces these requirements. Sellers must provide milestone inspection reports, Structural Integrity Reserve Studies (SIRS), and documentation of any special assessments related to building safety, whether pending or already completed.
What is a milestone inspection?
A milestone inspection is a structural assessment required under Florida Statute 553.899 for condominium buildings three stories or taller. Coastal buildings (within three miles of the shoreline) must complete the first inspection by December 31 of the year they turn 25. Inland buildings have a lifespan of up to 30 years. After the initial inspection, buildings must be reinspected every 10 years.
Failure to meet these deadlines can result in enforcement action. Local building officials have the authority to declare buildings unsafe and restrict occupancy.
Phase 1: Visual assessment
A Florida-licensed architect or engineer visually inspects the building for signs of structural deterioration. The report must be sealed and signed by the professional who conducted it.
Phase 2: Detailed investigation
If Phase 1 finds substantial deterioration, Phase 2 is mandatory. This may include destructive testing to determine the full extent of damage. Once a Phase 2 report identifying deterioration reaches the local building official, owners have 365 days to begin repairs.
What is a Structural Integrity Reserve Study?
Florida Statute 718.112 defines a Structural Integrity Reserve Study (SIRS) as “a study of the reserve funds required for future major repairs and replacement of the condominium property based on a visual inspection.” Unlike traditional reserve studies, SIRS mandates assessment of nine specific structural elements for which reserve funding cannot be waived.
Nine mandatory components
SIRS requires assessment and full reserve funding for the following structural elements:
- Roof structures and replacements
- Building painting when related to structural integrity
- Pavement and parking areas (structural elements)
- Pool resurfacing
- Fireproofing and fire protection systems
- Elevators
- Waterproofing and exterior painting
- Windows and exterior doors
- Structural components identified in milestone inspections
These mandatory components form the foundation of structural reserve requirements under Florida law.
Qualified professionals
Professionals authorized to perform SIRS include licensed architects, licensed engineers, reserve specialists with Community Associations Institute (CAI) RS credentials, and professional reserve analysts with Association of Professional Reserve Analysts (APRA) PRA credentials. The legislation requires SIRS updates every 10 years following initial completion.
Reserve waiver prohibition
Florida Statute 718.112(2)(g)(2) contains language that fundamentally altered condominium finance in Florida: “For a budget adopted on or after December 31, 2024, the members of a unit-owner-controlled association that must obtain a structural integrity reserve study may not determine to provide no reserves or less reserves than required by this subsection for items listed in paragraph (g).”
The December 31, 2024, effective date means associations must now fully fund structural reserves in budgets adopted after that date, regardless of whether their initial SIRS has been completed. Associations with decades of waived reserves face immediate catch-up funding requirements.
Legislative relief provisions in CS/CS/HB 913 provide limited flexibility:
- Lines of credit or loans to fund capital expenses required by milestone inspections or SIRS
- Special assessments sufficient to fund previously waived or unfunded portions (requires majority vote)
- Temporary reserve pauses for associations that completed milestone inspections within the previous two years (maximum two consecutive annual budgets adopted on or before December 31, 2028)
Timeline and compliance deadlines
SB4D establishes a series of compliance deadlines with escalating enforcement mechanisms. Understanding these deadlines is critical for associations, property managers, and prospective buyers.
| Deadline | Requirement |
| December 31, 2024 | Reserve waiver prohibition takes effect |
| July 1, 2025 | Create online accounts with Florida DBPR |
| December 31, 2025 | Complete initial Structural Integrity Reserve Study |
| January 1, 2026 | Provide digital access to records (associations with 25 or more units) |
According to CS/CS/HB 913, the SIRS deadline was extended from the original December 31, 2024, requirement. However, this extension does not affect the reserve waiver prohibition, which took effect on December 31, 2024 and remains in effect.
Enforcement and penalties
Enforcement operates at three levels:
- Local building officials enforce milestone inspections with the authority to declare buildings unsafe and impose occupancy restrictions
- DBPR assesses civil penalties up to $5,000 per violation and $1,000 per day for website posting violations (with 10-day cure period)
- Criminal penalties apply to board member misconduct, including kickbacks and fraudulent activities under HB 1021
If an association fails to post required documents on its website, the DBPR can issue a written notice. The association then has 10 business days to fix the problem. If the violation continues past that window, civil penalties begin: $1,000 per day for up to 10 business days, or a maximum of $10,000.
How Rimkus can help
Rimkus has conducted structural inspections and prepared reserve studies for Florida clients for more than 25 years. The firm’s team of building experts includes Florida-licensed engineers, architects, and reserve specialists qualified to perform Structural Milestone Inspections (SMI) and Structural Integrity Reserve Studies (SIRS).
Rimkus offers integrated services from initial assessment through construction management, allowing associations to maintain a single engineering partner throughout the compliance and remediation process.
Contact Rimkus today for help with your SB4D compliance.
Frequently asked questions
How do SB4D requirements differ for coastal vs. inland condo buildings?
Coastal buildings (within three miles of the coastline) must undergo their first milestone inspection by December 31 of the year they reach 25 years of age. Inland buildings (more than three miles from the coastline) have until December 31 of the year they reach 30 years of age. Following these first inspections, all eligible buildings must conduct subsequent assessments every 10 years. These staggered timelines reflect the heightened environmental challenges coastal structures often face, such as higher exposure to saltwater, wind, and storm-related wear.
What happens if a Phase 1 inspection identifies structural deterioration?
When a Phase 1 visual assessment identifies substantial structural deterioration, a Phase 2 detailed investigation becomes mandatory. Phase 2 may involve destructive testing and a comprehensive assessment to fully evaluate the extent of damage. According to Florida Statute 553.899, building owners must commence repairs within 365 days after the local building official receives the Phase 2 inspection report identifying deterioration. Failure to initiate repairs within this timeframe can result in enforcement action by local building officials, who have the authority to declare buildings unsafe and impose occupancy restrictions.
Can associations still vote to reduce reserve contributions?
No. As of December 31, 2024, Florida Statute 718.112(2)(g)(2) prohibits unit-owner-controlled associations from voting to waive or reduce reserve contributions for the nine mandatory structural components covered by SIRS. This eliminates the long-standing practice whereby associations voted annually to defer reserve funding. Associations with decades of waived reserves now face immediate catch-up funding requirements, though HB 913 provides limited relief options, including lines of credit, special assessments requiring majority vote, and temporary reserve pauses for associations that completed milestone inspections within the previous two years.
This article aims to offer insights into the prevailing industry practices. Nonetheless, it should not be construed as legal or professional advice in any form.