THE BOSS (Boards & Owners For SucceSS)
CONDO FAQ's

The “No-Waive” Rule 🚫

For any budget adopted on or after December 31, 2024, members of a unit-owner-controlled association may not vote to waive or reduce the funding of reserves for the items listed in a Structural Integrity Reserve Study (SIRS).

This means that for the critical components we discussed—like the roof, load-bearing walls, and fire protection systems—the board is legally required to fund those reserves at the levels recommended by the study. The “majority vote” of the owners can no longer override this requirement for these specific safety-related items.

Where You Can Still Vote 🗳️

Owners still have the power to waive or reduce reserves for items not included in the SIRS list.

To determine if a building counts as three habitable stories (and thus requires a SIRS), we look at how the Florida Building Code defines “habitable.”

Generally, a story is considered habitable if it is designed for living, sleeping, eating, or cooking. However, the interpretation of non-living spaces can be tricky:

• Parking Garages 🚗: Usually, if a garage is strictly for parking and has no other “habitable” use, it does not count as a story toward the three-story threshold.

• Basements: If a basement is used for mechanical equipment or storage, it typically isn’t counted. But if it contains an office, a gym, or a lobby, it might be.

• Mezzanines: These are intermediate levels between floors. If a mezzanine is large enough (typically more than one-third of the floor area below it), it may be counted as a separate story.

Because these definitions can affect whether an association must spend thousands of dollars on a study, boards often hire a professional to provide a formal “Story Count Determination.”

Every 10 years.

The SIRS is much stricter than a traditional reserve study because it focuses only on the “skeleton” and critical safety systems of the building. The law requires a professional (like an engineer or architect) to inspect eight specific areas:

1. Roof 🏠

2. Load-bearing walls and primary structural members

3. Floor and foundations

4. Fireproofing and fire protection systems 🧯

5. Plumbing

6. Electrical systems ⚡

7. Waterproofing and exterior painting

8. Windows and exterior doors

Important 2026 Deadlines 📅

Because you are looking at this in 2026, it’s important to know where the timeline stands:

• Initial Completion: Most associations were required to have their first SIRS completed by December 31, 2024 or 2025 (depending on certain extensions).

• Funding Requirement: Starting with any budget adopted on or after December 31, 2024, associations can no longer vote to waive or reduce reserves for these eight specific items. They must be fully funded.

• The 10-Year Cycle: Once the first study is done, it must be updated at least every 10 years.

The requirement is based on the age of the building:

• The 30-Year Mark: Generally, buildings that reach 30 years of age must have their first inspection.

• Coastal Exception: If the building is within three miles of the coastline, the threshold was originally 25 years, though recent legislative updates have given local officials some flexibility to stick to the 30-year rule depending on local conditions. 🌊

• Ongoing Cycle: Once the initial inspection is done, it must be repeated every 10 years.

The Two Phases of the Inspection

1. Phase 1 (Visual): An engineer performs a visual examination of major structural components. If they find no signs of “substantial structural deterioration,” the process ends there. ✅

2. Phase 2 (Testing): If the engineer does find issues in Phase 1, the association must move to Phase 2. This involves more intense “destructive” testing (like look-behind walls or scanning concrete) to determine if the building is actually at risk. 🔨

If a Florida condominium board fails to complete a Structural Integrity Reserve Study (SIRS) by the statutory deadline, it is considered a breach of their fiduciary duty. 🛡️

Because the law now treats these studies as essential for life safety, the consequences are much more severe than missing a routine maintenance check.

1. Personal Liability for Board Members ⚖️

Under Florida Statute 718.112, a director’s failure to comply with the SIRS requirements is considered a “breach of the officer’s and director’s fiduciary duty to the unit owners.”

• This can potentially expose individual board members to personal liability in lawsuits brought by owners.

• It may also affect the association’s Directors and Officers (D&O) Insurance coverage, as many policies won’t cover “willful non-compliance” with state laws.

2. State Enforcement and Fines 🏛️

The Division of Florida Condominiums, Timeshares, and Mobile Homes (under the DBPR) has the authority to:

• Issue subpoenas and conduct investigations.

• Impose civil penalties and fines against the association.

• Monitor the association more closely, which often leads to more administrative headaches for the board.

3. Real Estate and Insurance Fallout 📉

Beyond the legal penalties, the “market” often punishes non-compliant buildings:

• Lending: Banks may refuse to issue mortgages for units in buildings that haven’t completed their mandatory safety studies, making it nearly impossible for owners to sell. 🏦

• Insurance: Carriers are increasingly asking for SIRS and Milestone reports. If a building can’t provide them, the insurance company may cancel the policy or skyrocket the premiums.

It’s a Structural Integrity Reserve Study. As of 2025/2026, buildings 3 stories or higher must have these to ensure there’s enough money in the bank to keep the roof from leaking and the walls from crumbling.

The Milestone Inspection is a structural safety requirement created in the wake of the Surfside building collapse. While the SIRS (Structural Integrity Reserve Study) we discussed focuses on the money needed for future repairs, the Milestone Inspection is a physical “health checkup” for the building’s structure. 🏗️

Under Florida Statute 718.50141, this is a mandatory two-phase process performed by a licensed engineer or architect to ensure the building is still life-safety sound.

Under Florida law, the requirement for a Structural Integrity Reserve Study (SIRS) is based primarily on the building’s height and its use. 🏢

According to Florida Statute 718.112, this study is mandatory for:

• Residential Condominiums and Cooperatives: The law applies specifically to residential associations.

• Three Stories or Higher: The building must be at least three “habitable” stories in height, as determined by the Florida Building Code. 📐

The law requires a professional (like an engineer or architect) to inspect eight specific areas:

The “No-Waive” Rule 🚫

For any budget adopted on or after December 31, 2024, members of a unit-owner-controlled association may not vote to waive or reduce the funding of reserves for the items listed in a Structural Integrity Reserve Study (SIRS).

This means that for the critical components we discussed—like the roof, load-bearing walls, and fire protection systems—the board is legally required to fund those reserves at the levels recommended by the study. The “majority vote” of the owners can no longer override this requirement for these specific safety-related items.

Where You Can Still Vote 🗳️

Owners still have the power to waive or reduce reserves for items not included in the SIRS list.

To determine if a building counts as three habitable stories (and thus requires a SIRS), we look at how the Florida Building Code defines “habitable.”

Generally, a story is considered habitable if it is designed for living, sleeping, eating, or cooking. However, the interpretation of non-living spaces can be tricky:

• Parking Garages 🚗: Usually, if a garage is strictly for parking and has no other “habitable” use, it does not count as a story toward the three-story threshold.

• Basements: If a basement is used for mechanical equipment or storage, it typically isn’t counted. But if it contains an office, a gym, or a lobby, it might be.

• Mezzanines: These are intermediate levels between floors. If a mezzanine is large enough (typically more than one-third of the floor area below it), it may be counted as a separate story.

Because these definitions can affect whether an association must spend thousands of dollars on a study, boards often hire a professional to provide a formal “Story Count Determination.”

Every 10 years.

The SIRS is much stricter than a traditional reserve study because it focuses only on the “skeleton” and critical safety systems of the building. The law requires a professional (like an engineer or architect) to inspect eight specific areas:

1. Roof 🏠

2. Load-bearing walls and primary structural members

3. Floor and foundations

4. Fireproofing and fire protection systems 🧯

5. Plumbing

6. Electrical systems ⚡

7. Waterproofing and exterior painting

8. Windows and exterior doors

Important 2026 Deadlines 📅

Because you are looking at this in 2026, it’s important to know where the timeline stands:

• Initial Completion: Most associations were required to have their first SIRS completed by December 31, 2024 or 2025 (depending on certain extensions).

• Funding Requirement: Starting with any budget adopted on or after December 31, 2024, associations can no longer vote to waive or reduce reserves for these eight specific items. They must be fully funded.

• The 10-Year Cycle: Once the first study is done, it must be updated at least every 10 years.

The requirement is based on the age of the building:

• The 30-Year Mark: Generally, buildings that reach 30 years of age must have their first inspection.

• Coastal Exception: If the building is within three miles of the coastline, the threshold was originally 25 years, though recent legislative updates have given local officials some flexibility to stick to the 30-year rule depending on local conditions. 🌊

• Ongoing Cycle: Once the initial inspection is done, it must be repeated every 10 years.

The Two Phases of the Inspection

1. Phase 1 (Visual): An engineer performs a visual examination of major structural components. If they find no signs of “substantial structural deterioration,” the process ends there. ✅

2. Phase 2 (Testing): If the engineer does find issues in Phase 1, the association must move to Phase 2. This involves more intense “destructive” testing (like look-behind walls or scanning concrete) to determine if the building is actually at risk. 🔨

If a Florida condominium board fails to complete a Structural Integrity Reserve Study (SIRS) by the statutory deadline, it is considered a breach of their fiduciary duty. 🛡️

Because the law now treats these studies as essential for life safety, the consequences are much more severe than missing a routine maintenance check.

1. Personal Liability for Board Members ⚖️

Under Florida Statute 718.112, a director’s failure to comply with the SIRS requirements is considered a “breach of the officer’s and director’s fiduciary duty to the unit owners.”

• This can potentially expose individual board members to personal liability in lawsuits brought by owners.

• It may also affect the association’s Directors and Officers (D&O) Insurance coverage, as many policies won’t cover “willful non-compliance” with state laws.

2. State Enforcement and Fines 🏛️

The Division of Florida Condominiums, Timeshares, and Mobile Homes (under the DBPR) has the authority to:

• Issue subpoenas and conduct investigations.

• Impose civil penalties and fines against the association.

• Monitor the association more closely, which often leads to more administrative headaches for the board.

3. Real Estate and Insurance Fallout 📉

Beyond the legal penalties, the “market” often punishes non-compliant buildings:

• Lending: Banks may refuse to issue mortgages for units in buildings that haven’t completed their mandatory safety studies, making it nearly impossible for owners to sell. 🏦

• Insurance: Carriers are increasingly asking for SIRS and Milestone reports. If a building can’t provide them, the insurance company may cancel the policy or skyrocket the premiums.

The Milestone Inspection is a structural safety requirement created in the wake of the Surfside building collapse. While the SIRS (Structural Integrity Reserve Study) we discussed focuses on the money needed for future repairs, the Milestone Inspection is a physical “health checkup” for the building’s structure. 🏗️

Under Florida Statute 718.50141, this is a mandatory two-phase process performed by a licensed engineer or architect to ensure the building is still life-safety sound.

Under Florida law, the requirement for a Structural Integrity Reserve Study (SIRS) is based primarily on the building’s height and its use. 🏢

According to Florida Statute 718.112, this study is mandatory for:

• Residential Condominiums and Cooperatives: The law applies specifically to residential associations.

• Three Stories or Higher: The building must be at least three “habitable” stories in height, as determined by the Florida Building Code. 📐

The law requires a professional (like an engineer or architect) to inspect eight specific areas: