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 “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. 🔨

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:

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 “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.

Dealing with termites in a Florida condominium can be a “he said,
she-said” battle between the unit owner and the Board,
but Florida Statute 718 (The Condominium Act) and your
specific Declaration of Condominium provide the legal
roadmap to resolve it.
Here is the breakdown of the statutes and principles that
apply to your neighbor’s situation.
1. The Golden Rule: Common Elements vs. Unit Boundaries
Under Florida Statute 718.113(1), the Association is
responsible for the maintenance, repair, and replacement of
common elements. The unit owner is responsible for
everything defined as part of the unit.
* The Door Frame: Is it a “common element” or part of the
“unit”?
* In most Florida declarations, the “unit” boundary begins at
the unfinished interior surface of the walls.
* Interior door frames are almost always the unit owner’s
responsibility.
* External door frames (the front door) are often classified
as Limited Common Elements. While they are “common;’ the
Declaration often assigns the cost of their maintenance and
repair specifically to the owner who has exclusive use of that
door.
* The Check: You must look at the “Definition of Unit” and
“Limited Common Elements” sections in the Declaration of
Condominium (not just the Bylaws). If the Declaration says
the owner is responsible for windows and doors, that
includes the frames.
2. Termite Treatment Responsibility
The responsibility for the “bugs” depends on where they are:
* Inside the Walls/Structure: If termites are inside the
structural wall studs or the foundation (common elements),
the Association is generally responsible for treatment under
their duty to maintain the building’s integrity.
* Inside the Unit: If the damage is localized to a door frame
or cabinetry within the unit boundaries, and there is no “live
activity” in the common structural elements, the owner
typically bears the cost of “spot treating” their own property.
* Tenting/Building-Wide Treatment: If the building needs to
be tented (drywood termites), the Association usually covers
the cost as a common expense, as it protects the entire
structure.
3. Addressing the Broker’s “Negligence” Claim
The broker’s claim that the building was “negligent” is a high
legal bar to clear. To prove negligence, the seller would have
to show:
* The Association had a duty to treat (usually via a contract
or the Declaration).
* The Association knew (or should have known) there was
an infestation.
* The Association failed to act within a reasonable
timeframe.
* That failure directly caused the specific damage to the
door frame.
If the Board has a regular pest control contract and no prior
reports of termites in that area were made, a negligence
claim is unlikely to hold water.
4. The “As-Is” Contract Factor
Since the unit is under contract, this is likely a negotiation
tactic. Most “As-Is” contracts in Florida allow the buyer to
walk away if they aren’t satisfied with an inspection. The
seller (the brother with POA) is trying to shift the repair cost
to the Association to keep his net profit high.
Summary Table of Responsibility
I Item I      I Likely Responsible Party I    I Legal Basis I

I Structural Studs/Roof I Association I FS 718.113 (Common
Elements) I
I Interior Door Frame I Unit Owner I Declaration (Unit
Boundaries) I
I Spot Treatment (Inside Unit) I Unit Owner I Declaration
(Maintenance) I
I Building-Wide Tenting I Association I FS 718.111 (Structure
Protection) I
I Negligence Damages I Association (only if proven) I Tort
Law / Fiduciary Duty I
Next Step for the Board
The Board should ask the seller’s broker to provide the
specific page and section of the Declaration of
Condominium that classifies a unit’s interior door frame as a
common element. Usually, when challenged to produce the
“proof” from the documents, these claims fall apart.

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. 🔨

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:

In Florida, the responsibility for paying a hurricane insurance deductible is governed by Florida Statute 718.111(11). The law divides responsibility between the association and the individual unit owners based on what property was damaged.

​1. The Association’s Responsibility

​Under Florida Statute 718.111(11)(j), the cost of any insurance deductible and any damage in excess of insurance proceeds is considered a common expense of the association.

• ​Payment: The association typically pays the deductible upfront.
• ​Funding: Because it is a common expense, the board usually funds this through the association’s reserve accounts or by levying a special assessment against all unit owners.
• ​Coverage Area: The association’s master policy generally covers the building’s “envelope” (roof, exterior walls, structural components) and all property “as originally installed” according to the original plans and specifications.

​2. The Unit Owner’s Responsibility

​While the association handles the building’s master deductible, unit owners are responsible for specific items within their units.

• ​Individual Property: Owners must pay for damage to floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, built-in cabinets, countertops, and window treatments (curtains, blinds, etc.).
• ​HO-6 Policy: Unit owners should have their own insurance (HO-6 policy) to cover these items and their own personal deductible.
• ​Loss Assessment Coverage: Most HO-6 policies in Florida are required by law to include at least $2,000 in “Loss Assessment” coverage. This can often be used to help the owner pay their share of a special assessment levied by the association to cover the master policy’s hurricane deductible.

​3. The “Opt-Out” Exception

​There is a specific provision under 718.111(11)(k) that allows an association to “opt out” of the statutory allocation described above.

• ​If a majority of the total voting interests of the association votes to opt out, the association can instead allocate repair and reconstruction expenses according to the specific language in the community’s original Declaration of Condominium.
• ​If your association has opted out, you must refer to the Declaration to see if the responsibility for deductibles is assigned differently (e.g., making the owner of the damaged unit responsible).

Dealing with termites in a Florida condominium can be a “he said,
she-said” battle between the unit owner and the Board,
but Florida Statute 718 (The Condominium Act) and your
specific Declaration of Condominium provide the legal
roadmap to resolve it.
Here is the breakdown of the statutes and principles that
apply to your neighbor’s situation.
1. The Golden Rule: Common Elements vs. Unit Boundaries
Under Florida Statute 718.113(1), the Association is
responsible for the maintenance, repair, and replacement of
common elements. The unit owner is responsible for
everything defined as part of the unit.
* The Door Frame: Is it a “common element” or part of the
“unit”?
* In most Florida declarations, the “unit” boundary begins at
the unfinished interior surface of the walls.
* Interior door frames are almost always the unit owner’s
responsibility.
* External door frames (the front door) are often classified
as Limited Common Elements. While they are “common;’ the
Declaration often assigns the cost of their maintenance and
repair specifically to the owner who has exclusive use of that
door.
* The Check: You must look at the “Definition of Unit” and
“Limited Common Elements” sections in the Declaration of
Condominium (not just the Bylaws). If the Declaration says
the owner is responsible for windows and doors, that
includes the frames.
2. Termite Treatment Responsibility
The responsibility for the “bugs” depends on where they are:
* Inside the Walls/Structure: If termites are inside the
structural wall studs or the foundation (common elements),
the Association is generally responsible for treatment under
their duty to maintain the building’s integrity.
* Inside the Unit: If the damage is localized to a door frame
or cabinetry within the unit boundaries, and there is no “live
activity” in the common structural elements, the owner
typically bears the cost of “spot treating” their own property.
* Tenting/Building-Wide Treatment: If the building needs to
be tented (drywood termites), the Association usually covers
the cost as a common expense, as it protects the entire
structure.
3. Addressing the Broker’s “Negligence” Claim
The broker’s claim that the building was “negligent” is a high
legal bar to clear. To prove negligence, the seller would have
to show:
* The Association had a duty to treat (usually via a contract
or the Declaration).
* The Association knew (or should have known) there was
an infestation.
* The Association failed to act within a reasonable
timeframe.
* That failure directly caused the specific damage to the
door frame.
If the Board has a regular pest control contract and no prior
reports of termites in that area were made, a negligence
claim is unlikely to hold water.
4. The “As-Is” Contract Factor
Since the unit is under contract, this is likely a negotiation
tactic. Most “As-Is” contracts in Florida allow the buyer to
walk away if they aren’t satisfied with an inspection. The
seller (the brother with POA) is trying to shift the repair cost
to the Association to keep his net profit high.
Summary Table of Responsibility
I Item I      I Likely Responsible Party I    I Legal Basis I

I Structural Studs/Roof I Association I FS 718.113 (Common
Elements) I
I Interior Door Frame I Unit Owner I Declaration (Unit
Boundaries) I
I Spot Treatment (Inside Unit) I Unit Owner I Declaration
(Maintenance) I
I Building-Wide Tenting I Association I FS 718.111 (Structure
Protection) I
I Negligence Damages I Association (only if proven) I Tort
Law / Fiduciary Duty I
Next Step for the Board
The Board should ask the seller’s broker to provide the
specific page and section of the Declaration of
Condominium that classifies a unit’s interior door frame as a
common element. Usually, when challenged to produce the
“proof” from the documents, these claims fall apart.

In Florida, the responsibility for paying a hurricane insurance deductible is governed by Florida Statute 718.111(11). The law divides responsibility between the association and the individual unit owners based on what property was damaged.

​1. The Association’s Responsibility

​Under Florida Statute 718.111(11)(j), the cost of any insurance deductible and any damage in excess of insurance proceeds is considered a common expense of the association.

• ​Payment: The association typically pays the deductible upfront.
• ​Funding: Because it is a common expense, the board usually funds this through the association’s reserve accounts or by levying a special assessment against all unit owners.
• ​Coverage Area: The association’s master policy generally covers the building’s “envelope” (roof, exterior walls, structural components) and all property “as originally installed” according to the original plans and specifications.

​2. The Unit Owner’s Responsibility

​While the association handles the building’s master deductible, unit owners are responsible for specific items within their units.

• ​Individual Property: Owners must pay for damage to floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, built-in cabinets, countertops, and window treatments (curtains, blinds, etc.).
• ​HO-6 Policy: Unit owners should have their own insurance (HO-6 policy) to cover these items and their own personal deductible.
• ​Loss Assessment Coverage: Most HO-6 policies in Florida are required by law to include at least $2,000 in “Loss Assessment” coverage. This can often be used to help the owner pay their share of a special assessment levied by the association to cover the master policy’s hurricane deductible.

​3. The “Opt-Out” Exception

​There is a specific provision under 718.111(11)(k) that allows an association to “opt out” of the statutory allocation described above.

• ​If a majority of the total voting interests of the association votes to opt out, the association can instead allocate repair and reconstruction expenses according to the specific language in the community’s original Declaration of Condominium.
• ​If your association has opted out, you must refer to the Declaration to see if the responsibility for deductibles is assigned differently (e.g., making the owner of the damaged unit responsible).

In Florida, the responsibility for paying a hurricane insurance deductible is governed by Florida Statute 718.111(11). The law divides responsibility between the association and the individual unit owners based on what property was damaged.

​1. The Association’s Responsibility

​Under Florida Statute 718.111(11)(j), the cost of any insurance deductible and any damage in excess of insurance proceeds is considered a common expense of the association.

• ​Payment: The association typically pays the deductible upfront.
• ​Funding: Because it is a common expense, the board usually funds this through the association’s reserve accounts or by levying a special assessment against all unit owners.
• ​Coverage Area: The association’s master policy generally covers the building’s “envelope” (roof, exterior walls, structural components) and all property “as originally installed” according to the original plans and specifications.

​2. The Unit Owner’s Responsibility

​While the association handles the building’s master deductible, unit owners are responsible for specific items within their units.

• ​Individual Property: Owners must pay for damage to floor, wall, and ceiling coverings, electrical fixtures, appliances, water heaters, built-in cabinets, countertops, and window treatments (curtains, blinds, etc.).
• ​HO-6 Policy: Unit owners should have their own insurance (HO-6 policy) to cover these items and their own personal deductible.
• ​Loss Assessment Coverage: Most HO-6 policies in Florida are required by law to include at least $2,000 in “Loss Assessment” coverage. This can often be used to help the owner pay their share of a special assessment levied by the association to cover the master policy’s hurricane deductible.

​3. The “Opt-Out” Exception

​There is a specific provision under 718.111(11)(k) that allows an association to “opt out” of the statutory allocation described above.

• ​If a majority of the total voting interests of the association votes to opt out, the association can instead allocate repair and reconstruction expenses according to the specific language in the community’s original Declaration of Condominium.
• ​If your association has opted out, you must refer to the Declaration to see if the responsibility for deductibles is assigned differently (e.g., making the owner of the damaged unit responsible).