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Andrew Basile|

How Florida's New Condo Laws Affect Your Reserve Requirements

Since the Champlain Towers South collapse in 2021, Florida has passed four major pieces of condo legislation. Each one changed how associations handle reserves, inspections, and structural maintenance. If you're on a condo board, it's a lot to track.

Here's what changed, what's required now, and what your board needs to do.

Why the laws changed

On June 24, 2021, Champlain Towers South in Surfside partially collapsed, killing 98 people. Investigations revealed the building had been 6.9% funded -- about $706,000 in reserves against a recommended $10.3 million. Structural problems had been documented for years. The money to fix them was never set aside.

The legislature responded with a series of laws aimed at a simple goal: make sure buildings know what shape they're in and have the money to maintain them.

The timeline

SB 4-D (May 2022) was the first major response. It created the SIRS requirement for buildings three or more stories tall, set the initial deadline for December 31, 2024, established that SIRS reserves cannot be waived by owner vote, and created the milestone inspection requirement.

SB 154 (June 2023) made technical amendments to clarify SB 4-D's implementation.

HB 1021 (2024) focused on transparency and accountability. It changed meeting and voting rules, introduced criminal penalties for board members acting in bad faith, and expanded DBPR's investigative authority.

HB 913 (effective July 1, 2025) was the most significant revision. It extended deadlines, clarified which buildings qualify, added funding flexibility, and adjusted the component threshold. This is the law boards are operating under now.

What's required now

If your building has three or more habitable stories, here's what the law requires as of 2026.

Your association must have a SIRS conducted by a licensed engineer or architect. The initial deadline was December 31, 2025. Associations coordinating with a milestone inspection have until December 31, 2026. After the initial study, a new SIRS is required every 10 years.

Starting January 1, 2026, associations must fund reserves for SIRS items based on the study's recommendations. This is mandatory.

Reserves for the eight structural categories cannot be waived or reduced by owner vote. This applies to budgets adopted after December 31, 2024. The categories: roof, structure, fire protection, plumbing, electrical, waterproofing, windows/doors, and any item over $25,000 affecting those systems.

Within 45 days of receiving your SIRS, submit the reporting form to DBPR electronically through your online account.

Any engineer, architect, or contractor bidding on the SIRS must disclose in writing whether they also plan to bid on repair work the study identifies.

What HB 913 changed

HB 913 was the legislature's adjustment after associations pushed back on the original SB 4-D timeline and requirements. Several changes matter.

The original law said "three stories or higher." HB 913 clarified that the threshold is three habitable stories. Parking garages and mechanical floors don't count. A three-story building with ground-floor parking may no longer need a SIRS. If your building sits right at the line, get a legal opinion.

The component threshold was raised from $10,000 to $25,000. Fewer items trigger the mandatory funding requirement. DBPR will adjust this threshold annually for inflation starting in 2026.

Boards can now pool reserve accounts for SIRS components without a unit owner vote, giving more flexibility in how structural reserves are managed.

If a milestone inspection identifies necessary repairs, the association can pause reserve funding for up to two budget years to redirect funds toward those repairs. This is a narrow exception for active repair situations, not a general opt-out.

Boards can use special assessments, loans, or lines of credit to meet reserve requirements. The law now explicitly recognizes these as valid funding instruments.

And starting in 2026, cost estimates for components over $25,000 must factor in inflation. No more using today's dollars for work that's years away.

What your board should do

Confirm whether your building qualifies. Three or more habitable stories means you need a SIRS. If you're at the threshold, get a legal opinion on the habitable-stories question.

Complete or verify your SIRS. If the initial study isn't done, the deadline has passed or is close. Get it scheduled.

Start funding. Your 2026 budget must include contributions based on SIRS recommendations. These cannot be waived.

Get a traditional reserve study too. SIRS covers only eight structural categories. Everything else -- pools, HVAC, elevators, paving -- needs a separate study. Most buildings need both.

Build the 30-year projection. Reserves Pro helps boards take SIRS and reserve study findings and project them across 30 years, so contribution levels are based on math rather than guesswork.

FAQ

Does the new law apply to all Florida condos? The SIRS requirement applies to residential condominiums and cooperatives with three or more habitable stories. Buildings under that threshold aren't subject to SIRS, though they still need reserves for common elements per their governing documents.

Can we still vote to waive reserves? For SIRS items, no. Budgets adopted after December 31, 2024 must fund those per the study. For non-SIRS items, owner votes on reserve levels are still permitted.

What happens if we missed the SIRS deadline? Failing to complete a required SIRS is a breach of fiduciary duty. Get the study commissioned now. The longer the delay, the greater the board's exposure.

This post is for informational purposes only and is not legal advice. For questions about your building's obligations under these laws, consult a Florida attorney who specializes in community association law.

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