Attorneys at Goede, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables and Boca Raton, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.

Q: My condominium building has received a notice from the fire marshal that we must have the building tested for radio signal strength and if the building does not pass the test have a bi-directional amplification system installed by a certain date. Can you explain this law and the requirements? M.S., Naples

A: In 2016 the Florida Legislature amended Florida Chapter 633 – which is the Fire Prevention and Control statute. The law required all buildings to test for minimum radio signal strength to make sure first responders on the top floor could communicate with the first responders on the ground floor during an emergency. Based on a building’s construction radio signals can be blocked preventing communication. The focus on radio signal strength stems from difficulties experienced by firefighters attempting rescue operations on September 11, 2001.

The 2016 law required a building that did not pass the test to install a bi-directional amplification system by January 1, 2022. In July of 2021 the law was amended to require that a high-rise building that did not pass the test must apply for a permit to install an amplification system by January 1, 2024, and then have the system installed by January 1, 2025. A high-rise building is one that has an occupiable floor that is 75 feet or higher in height. This law applies to condominiums and cooperatives.

The cost of an amplification system can be significant, so it is important for associations to retain a reputable company to conduct the test and obtain a quote for the price to install the system if necessary.

Q: Does the new Surfside law apply to condominiums that are three stories or more in height or more than three stories in height? Does it make a difference if the first story (ground floor) is a parking garage or some other non-occupiable space? R.T., Bonita Springs

A: The Surfside law is found in Senate Bill 4-D. As the law is presently written and interpreted it applies to condominium and cooperative buildings that are three stories or more in height. There is no exception for the ground floor being unoccupied. However, there is one exception which is if the building is three stories but does not contain more than three units then the law does not apply. So, if a building was three stories with the first floor being a parking garage and the 2nd and 3rd floors containing three or fewer units the law would not apply.

Q: When do the board of director’s meeting minutes need to be posted for a homeowners’ association (HOA) under Florida Statute 720? S.F., Naples

A: Florida Statute 720 which governs HOA’s does not require board meeting minutes to be posted. However, it is possible your community’s governing documents require posting. As for condominiums governed by Florida Statute 718 there is no posting requirement either, unless the condominium contains 150 or more units. Then you must post the minutes on the statutorily required website.

Q: Are all condominium associations, regardless of the height of their building, required to collect the structural integrity reserves, as set forth in the new Surfside law? P.G., Fort Myers

A: In my opinion, no. Only condominiums and cooperatives that have buildings that are at least three stories or more in height and that contain more than three units are required to collect structural integrity reserves. However, the current law can be interpreted to require buildings of only one and two stories to be required to collect them too, but I believe that is the result of a drafting error and will be clarified in the upcoming glitch bill in the 2023 legislative session. In any case the reserves are not required to be collected until the 2025 budget year, so there is time to get this clarified.

Q: We are a conservative board and have always assigned 25 percent of our association assessments to reserves. We do pool our reserves. For example, we needed to upgrade our elevators this year earlier than expected. We didn’t need to paint our buildings as early as expected. We used funds from painting for elevators and will add elevator funds (contributed next year) to painting if needed. Will this be allowed with the new structural integrity reserves, or would we have to do a special assessment to complete any project which doesn’t have sufficient funds in its line item? P.B., Estero

A: What you are asking is whether structural integrity can be pooled. A strict reading the of the current law prohibits pooling structural integrity reserves. However, this will also likely be clarified in the upcoming glitch bill next year.

Q: What are the critical dates to comply with the Surfside laws? N.B., Naples

A: If your cooperative or condominium building is three stories or more in height the current critical dates are:

• December 31, 2022 – Must file a report with Division of Condominiums, Timeshares and Mobile Homes disclosing the number of buildings of three stories or more, the number of units in each building and the address of each building.

• December 31, 2024 – If your building is already 25 years old (if you are within three miles of the coastline) or is 30 years old or will be before December 31, 2024, you must complete the milestone inspection.

• December 31, 2024 – regardless of the age of your building you must complete a structural integrity reserve study and start collecting the reserves in 2025.

Note that if your building is three stories but does not contain more than three units, then the law does not apply.

Q: What rights does a condo association have to enter my unit when I am not home? G.P., Naples, FL

A: Pursuant to Section 718.111(5)(a), Florida Statutes, “The association has the irrevocable right of access to each unit during reasonable hours, when necessary for the maintenance, repair, or replacement of any common elements or of any portion of a unit to be maintained by the association pursuant to the declaration or as necessary to prevent damage to the common elements or to a unit.” Essentially, the association has the right to enter a unit for the purpose of either performing its maintenance obligations as provided under the declaration, or to prevent damage to condominium property in the event of the presence of some hazard (e.g., fire, water, mold) that could spread to other units or the common elements.

Associations will often require each owner to provide a key to their unit to the association so they may access the unit for these purposes. However, except in the event of an emergency, the association is still required to provide reasonable notice to the owners or residents of the unit and to enter the unit during reasonable hours. Your declaration may also contain additional requirements regarding access to units so be sure to read your governing documents if you feel that the association has entered your unit in violation of any of the foregoing.

Richard DeBoest, Esq., is Partner/Shareholder of the Law Firm Goede, DeBoest & Cross, PLLC. Visit www.gadclaw.com or to ask questions about your issues for future columns, send your inquiry to: question@gadclaw.com. The information provided herein is for informational purposes only and should not be construed as legal advice. The publication of this article does not create an attorney-client relationship between the reader and Goede, DeBoest & Cross, or any of our attorneys. Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein. The hiring of an attorney is a decision that should not be based solely on advertisements or this column

This article originally appeared on Naples Daily News: Community Law Q & A