Florida’s post-Surfside condominium safety laws are placing new financial and regulatory burdens on condo owners, fundamentally altering the residential market across South Florida. John Clarke, founder of Clarke Law PA and an attorney experienced in estate planning and real estate transactions, outlines how these changes are driving up costs and forcing many owners to reconsider whether they can afford to stay in their homes.
Regulation Background
The 2021 collapse of Champlain Towers South in Surfside, which killed 98 people, brought national attention to aging condo buildings and years of deferred maintenance. In response, Florida enacted strict inspection and repair mandates for older structures.
Clarke explains that condo associations must now complete regular structural inspections and carry out required repairs. Many associations delayed this work for decades, leaving owners responsible for significant upgrades.
Key Provisions
Because the mandated improvements are expensive, associations have imposed steep special assessments to cover the work. Clarke says these increases have hit older residents and people on fixed incomes especially hard, leaving many unable to keep pace with new fees.
He notes that he regularly hears from clients who feel forced to list their units because staying is no longer financially realistic. In addition to the cost, ongoing construction has caused loud noise, blocked access, and, in some cases, temporary relocations.
Compliance Challenges
As more owners sell, inventory has grown across South Florida. Clarke says this surge in supply has softened the condo market, pushing prices down in areas like Broward County and leaving units on the market longer.
Buyers, wary of potential future assessments, are also showing more caution. Realtors and attorneys report that due diligence now centers heavily on building reserves, inspection histories, and upcoming repair schedules.
Clarke expects even more oversight in the coming years as concerns about structural safety and extreme weather continue to rise. He believes these factors will keep costs elevated, and associations will have no choice but to pass those expenses on to owners.
For anyone thinking about purchasing a condo in Florida, Clarke recommends a careful review of the building’s financial records, reserve funding, and inspection reports. He warns that buyers should be prepared for the possibility of additional assessments, especially in areas vulnerable to storms and flooding.
