As the law currently stands, it is likely your existing reserve study does not fulfill the statutory requirements. While Reserve Advisors takes into consideration each of the building components that apply to the structural integrity reserve study, your existing study does not include language specific to the new legislation nor does it include a funding plan specific to the structural integrity components.

Reserve Advisors recently developed a SIRS that complies with legislative requirements. Due to high demand, our near-term availability is limited to existing clients in the Greater Tampa and Orlando markets. Contact us today to discuss your SIRS needs.

Because structural integrity reserve studies are new to the market, it may be difficult to secure a contract for one at this time. Many firms, like ours, are actively developing a solution. However, we do anticipate that demand for these studies will exceed the available supply in the marketplace, so we recommend you maintain communications with firms that either conduct or will be conducting these studies to stay informed of your options. When the service becomes available, don’t delay, as there is no guarantee that the legislation will change. In the meantime, many associations are conducting traditional reserve studies for the first time, as these are a good first step to understanding potential shortfalls and communicating the true cost of ownership to the members of the community.

The Florida Department of Business and Professional Regulation has the authority to conduct procedural reviews to confirm whether inspections were performed and that they were performed by a Florida licensed engineer or architect. While we do not know more specifics at this time, one thing is for certain….the Board has a fiduciary duty to serve in the best interest of its constituents. Not complying with the legislation is a breach of these fiduciary obligations. Furthermore, delaying the process leads many associations to underfunded reserves, deferred maintenance, and increasing difficulty getting back on track.

Funding recommendations outlined in a study are the direct result of near-term project needs and the existing reserve balance. While the law specifically states that the association must attain the annual funding level set forth in the structural integrity reserve study, there may be cases where it is difficult if not impossible to do so without the use of additional assessments. We encourage you to meet with your provider to review their recommendations and any alternate options that may be available, which may or may not alleviate the ability to attain appropriate funding levels. In the event your association is still unable to meet its funding obligations, we encourage you to consult with legal counsel to better understand the risk associated with being non-compliant.

Florida Senate Bill 4-D establishes requirements for registering with the Bureau of Compliance. Associations existing on or before 7/1/2022 are required to register with the Bureau of Compliance by 12/31/2022. The association needs to inform the local Bureau of 1) the number of buildings within the condominium associations that are three-or-more stories tall, 2) the total number of units in all such buildings, 3) the addresses of all such buildings, and 4) the counties in which all such buildings are located. Contact the Bureau today.

Appropriate allocation of existing reserve funds requires an analysis of the remaining useful lives and future cost of replacement for all of your community maintained assets. If a major structural project is necessary in year one and the existing reserve fund is only sufficient enough to address that project, 100% of reserve funds should be allocated to the structural component funding plan. Whereas, if elevator controls need replacement in year one and there are no near-term structural projects, the funds should be allocated to the non-structural funding plan.

Yes, a SIRS report will be structured differently. The report will consist of two expenditure tables and two reserve funding plans; one each for structural and non-structural components. Furthermore, the report will need to incorporate foundations, load-bearing walls, floors, unit windows, fireproofing, etc. to ensure compliance with the legislation.

The Florida Department of Business and Professional Regulation states that funding obligations are dependent on the SIRS provider’s recommendation. This may or may not require full reserve funding by 2025.

The DBPR does not consider an association’s ability to waive reserves on the number of stories that an association’s buildings have.

The DBPR will rely on the SIRS to determine which components need to be reserved for.