Understanding Your Rights, Your Association’s Responsibilities, and What Every Florida Condo Owner Should Know
TL;DR
Florida’s milestone inspection law was created to protect condominium owners by requiring structural inspections of aging buildings. If your building shows signs of deterioration, your association must disclose the findings, address necessary repairs, and keep owners informed throughout the process. Understanding your rights can help protect both your investment and your safety.
Safety Comes Before Convenience
For many Floridians, purchasing a condominium is one of the biggest investments they’ll ever make. Most owners expect their association to maintain the building, plan for future repairs, and communicate honestly about major structural concerns.
Unfortunately, the tragic collapse of Champlain Towers South in Surfside reminded the entire nation that deferred maintenance can have devastating consequences.
That tragedy led Florida lawmakers to enact new milestone inspection requirements designed to improve safety and provide homeowners with greater transparency. Today, every condominium owner should understand what these inspections are, why they matter, and what happens if problems are discovered.
What Is a Milestone Inspection?
A milestone inspection is a structural evaluation performed by a licensed architect or professional engineer on qualifying condominium and cooperative buildings.
The inspection focuses on critical structural components, including:
- Load-bearing walls
- Columns
- Foundations
- Beams
- Floor systems
- Other primary structural elements
Its purpose is simple: determine whether the building remains structurally safe for continued occupancy.
When Are Buildings Required to Be Inspected?
Under Florida law, most condominium buildings that are three stories or higher must undergo their first milestone inspection by December 31 of the year the building reaches 30 years of age, measured from the certificate of occupancy.
After the initial inspection, additional inspections are generally required every ten years.
Some older buildings in Miami-Dade and Broward Counties may have different deadlines because of local requirements and legislative phase-in schedules.
What Happens If Problems Are Found?
Not every inspection identifies serious structural issues.
The inspection process occurs in two phases.
Phase One
The engineer performs a visual inspection of the building’s structural systems.
If no substantial deterioration is found, the process typically ends there.
Phase Two
If Phase One identifies significant structural concerns, additional testing becomes necessary.
This second phase may include more detailed evaluations to determine the extent of deterioration and identify repairs needed to restore the building’s safety.
Do Homeowners Have the Right to Know?
Absolutely.
Florida law requires condominium associations to provide unit owners with the inspector-prepared summary of the milestone inspection within 45 days after receiving it.
Owners also have the right to request the complete inspection report through the association’s official records.
Transparency is not optional. It is required by law.
Can the Association Delay Repairs?
Many owners worry that necessary repairs will be postponed because they are expensive.
While financing repairs can be challenging, required structural repairs cannot simply be ignored.
Florida’s Department of Business and Professional Regulation (DBPR) has authority to enforce compliance with milestone inspection requirements and required repairs when associations fail to act.
Will There Be a Special Assessment?
Possibly.
If reserve funds are insufficient, the association may need to levy a special assessment to pay for structural repairs.
However, homeowners are entitled to proper notice, information about the proposed assessment, and the opportunity to participate in the required board meeting before the assessment is approved.
What Should Homeowners Do?
If your condominium building is approaching its milestone inspection deadline, consider taking these proactive steps:
- Ask when the inspection is scheduled.
- Request copies of inspection reports.
- Review your Structural Integrity Reserve Study.
- Attend board meetings discussing repairs.
- Ask questions about funding and timelines.
- Consult an experienced attorney if information is being withheld or required repairs are delayed.
Being informed today may prevent costly surprises tomorrow.
“An ounce of prevention is worth a pound of cure.” — Benjamin Franklin
Although Franklin wrote those words centuries ago, they perfectly capture the purpose of Florida’s milestone inspection law. Regular inspections and timely maintenance protect lives, preserve property values, and help communities avoid preventable disasters.
Takeaway
Milestone inspections are about far more than compliance—they’re about protecting homeowners, preserving buildings, and promoting transparency. By understanding your rights and staying engaged with your association, you can help ensure your community remains safe and financially prepared for the future.
Contact Perez Mayoral, P.A.
If your condominium association has failed to complete its required milestone inspection, is withholding inspection reports, delaying necessary structural repairs, or levying improper assessments, Perez Mayoral, P.A. is here to help.
Our attorneys proudly represent homeowners only—never associations.
📞 Phone: 305.928.1077
📧 Email: eperez@pmlawfla.com
