News

By Rich Pollack

Highland Beach commissioners in early August gave tentative approval to a revised condominium recertification ordinance that incorporates changes passed by the Florida Legislature.
While much of Highland Beach’s original ordinance remains the same, the new state law includes a two-tier process that town leaders say is unnecessary and confusing.
Under Highland Beach’s initial ordinance, approved in late 2021, buildings in town that are more than three stories or 50 feet in height are required to have a recertification inspection when they reach 25 years old.
For buildings up to 40 years old, those inspections will be required every 10 years. For the 45 buildings over 40 years old, inspections will be required every seven years.
Under the state legislation passed in May, however, buildings that are three stories in height and have four or more units will be required to be recertified. That change, says Highland Beach Building Official Jeff Remas, will affect only three additional buildings in town.
In its original ordinance, Highland Beach gave condominiums 365 days to file reports from certified engineers that detail any critical or major structural or electrical problems. The associations would then have another year to resolve the issues unless residents faced imminent danger, in which case the town would step in and, in the worst scenario, require evacuation.
Under the new state law, which supersedes the town ordinance, condominium associations now have 180 days from the time of notification by a local government to complete a phase 1 — or visual — inspection by a certified structural engineer.
If that initial inspection finds no issues, the association is done and can receive its building certification.
If the visual inspection finds potential issues, however, the association will have 180 days from the time it is notified to make those repairs. All work must be completed by Dec. 31, 2024.
“The phase 2 inspection makes the process more complicated,” Remas said.
Mayor Doug Hillman says he fears the two-tiered system will create confusion for condo leaders and says he doesn’t think the phase 1 inspection plan is thorough enough.
“I don’t believe a purely visual inspection is adequate,” he said. “I think the state law needs a good deal of refinement.”
The mayor is also critical of a provision in the state law that requires condo boards beginning in 2025 to conduct a structure reserve study and set aside money for future repairs.
“It’s a gross overreach,” he said. “I believe if you’re certified you don’t need a reserve study.”
In addition to being mayor, Hillman is president of the board at his Dalton Place condominium, which is the first building in Highland Beach — and most likely the county — to receive certification.
He said that work was already being done on the building when the town passed its original recertification ordinance.
“We were about 80 to 85 percent done,” he said, adding that the structural engineer working with the building was able to sign off on the report after a few tweaks.
The board also brought in an electrical engineer to complete a report required for recertification by Highland Beach but not by the state.