The ripple effects from the tragic Surfside collapse continue to reshape Florida’s condominium landscape. If you own a condo in Florida, especially in an older building, you need to understand how recent legislative changes will impact your finances, your property value, and your rights as a homeowner.
Two major bills signed into law in 2025, HB 913 and HB 393, represent significant reforms in how associations manage reserves, repairs, and funding. At Gomez Law, we’ve been fighting for Miami homeowners and condo owners against overreaching associations for over 15 years. This comprehensive guide will help you understand these complex new laws and what they mean for your investment.
Important Note: While these laws provide new tools and flexibility, many associations will face practical, logistical, engineering, and governance challenges in implementation. Statutory provisions, DBPR rulemaking, court interpretation, and enforcement actions will continue to fill in important details. Not all consequences are fully settled yet.
The Road to Reform: Understanding the Legislative Background
The Surfside Tragedy Changed Everything
The 2021 collapse of Champlain Towers South in Surfside that killed 98 people exposed a devastating reality: decades of deferred maintenance and inadequate reserve funding had created dangerous conditions in buildings across Florida. Owners had repeatedly voted to waive reserves, choosing lower monthly fees over safety investments.
In response, Florida lawmakers passed sweeping reforms in 2022, including SB 4-D, which mandated milestone structural inspections and structural integrity reserve studies for older buildings. These laws required associations to immediately address decades of neglected maintenance.
The Unintended Consequences
While well-intentioned, these strict requirements created immediate financial pressure for condo associations and owners. Buildings across Florida faced skyrocketing special assessments, sometimes totaling tens or even hundreds of thousands of dollars per unit. Many owners, particularly those on fixed incomes, simply couldn’t afford these sudden costs.
Some associations found themselves in liquidity crunches, unable to fund required inspections and repairs without imposing crushing financial burdens on their members. The situation created a crisis that threatened the stability of Florida’s condominium market.
Enter 2025’s Reforms: HB 913 and HB 393
Recognizing these challenges, Florida lawmakers passed HB 913 and HB 393 in 2025 to provide associations with more flexibility and financial tools while maintaining safety standards. These bills attempt to strike a balance between protecting residents and mitigating, though not eliminating, the financial burdens on condo owners.
If you’re struggling to understand how these new laws affect your association or your rights as a homeowner, Gomez Law offers free consultations. Call us at (305) 720-2601 to speak with an experienced attorney who exclusively represents Florida homeowners never associations.
Deep Dive: HB 913 What Changes and Why It Matters
HB 913 is the most comprehensive reform package, touching nearly every aspect of condominium governance, financial management, and safety compliance. Understanding its provisions is critical for Florida condo owners.
Effective Date: HB 913 takes effect July 1, 2025, with certain reporting and account creation obligations beginning October 1, 2025.
Extended Deadlines and Flexibility on Structural Integrity Reserve Studies
One of the most significant changes in HB 913 involves how and when associations must comply with structural integrity reserve study requirements:
Deadline Extensions: Buildings that were scrambling to meet tight deadlines now have more breathing room. The law extends compliance timelines for existing buildings that haven’t yet completed their required reserve studies, giving associations time to properly plan and budget.
Conditional Pause on Reserve Contributions: Under certain conditions, specifically after completing required milestone inspections and abiding by repair mandates, associations may pause reserve contributions for up to two fiscal years. This provides critical relief when associations need to prioritize immediate structural repairs over setting aside money for future needs. However, this flexibility comes with legal conditions and oversight constraints that associations must carefully follow.
Raised Cost Threshold: Previously, structural components costing more than $10,000 had to be included in reserve studies. HB 913 raises this threshold to $25,000, reducing the number of items associations must immediately fund. This threshold will be annually adjusted for inflation as set by statute. This means associations can focus resources on the most critical structural issues rather than spreading funds too thin.
New Financial Tools and Flexibility for Associations
HB 913 recognizes that many associations simply don’t have enough cash on hand to address required repairs. The law provides several new financing options:
Lines of Credit and Loans: Associations can now take out lines of credit or loans to fund reserve obligations, subject to required voting and approval protocols with majority owner approval. This allows associations to spread the cost of major repairs over time rather than hitting owners with massive one-time special assessments. However, it’s important to understand that these tools shift cost burdens over time rather than eliminate them, the debt must still be repaid by the association, which affects future fees and assessments.
On-Ramping for Items Still in Useful Life: For structural components that still have remaining useful life, associations can phase in reserve funding gradually rather than requiring immediate full funding. This “on-ramp” approach makes compliance more financially manageable.
Pooling of Reserve Accounts: The law allows greater flexibility in how reserve funds are managed and allocated, with fewer restrictions on when owner votes are required for moving money between reserve categories.
Governance, Transparency, and Accountability Enhancements
HB 913 also strengthens owner protections and improves association oversight:
Electronic Voting Requirements: If 25% of unit owners petition for it, associations must allow electronic voting in elections and on major decisions. This makes participation easier for owners who can’t attend meetings in person.
Enhanced DBPR Oversight: The Florida Department of Business and Professional Regulation gains expanded authority over associations. By October 1, 2025, all associations must create online accounts with the Division and report inspection and reserve study information, creating a statewide database for better transparency.
Prohibitions on Problem Managers: Community association managers whose licenses have been revoked are now prohibited from working with associations. Inspectors and contractors must disclose conflicts of interest, reducing the risk of kickbacks and self-dealing.
Extended Rescission Period: Buyers of non-developer condo units now have seven days to cancel their purchase contract (up from three days), giving them more time to review association financial disclosures, inspection reports, and other critical documents before committing to the purchase.
Hurricane Protection Responsibility Clarification: The law clarifies who pays for removal and reinstallation of hurricane protection (such as shutters) when the association needs to perform maintenance work. This prevents surprise bills and disputes between owners and associations.
Revised Recall Procedures: HB 913 modifies procedures for recalling board members, creating clearer processes and timelines for owners seeking to remove directors.
Mixed-Use Buildings and Cost Apportionment
HB 913 addresses how portions of mixed-use buildings are handled, particularly regarding shared facilities and cost apportionment among non-condo portions of buildings. This clarification helps prevent disputes in buildings with commercial spaces or other non-residential components.
Exemptions and Clarifications
Not every building faces the full weight of these requirements:
Smaller Buildings Get Relief: Four-family dwellings and condos below certain story thresholds are exempt from some of the more burdensome requirements, recognizing that smaller associations have limited resources.
Clarification of “Habitable Stories”: The law clarifies which floors count toward the story thresholds that trigger inspection and reserve requirements, eliminating confusion about how requirements apply to buildings with parking levels or mechanical floors.
The Pros and Cons of HB 913
Advantages: The law provides breathing room for associations to plan and implement required repairs with less immediate financial devastation for owners. The ability to use credit lines and phase in compliance can make safety improvements more achievable. Enhanced governance protections give owners more voice and transparency.
Risks: There’s significant potential for associations to overextend themselves with debt, creating long-term financial obligations that may ultimately cost owners more through interest payments. The temporary pause on reserves could lead to dangerous underfunding if not carefully managed and properly justified. Greater complexity in compliance requirements may overwhelm smaller associations without professional management or legal guidance.
Insurance Implications: Non-compliance with inspection and reserve requirements is increasingly affecting insurance coverage eligibility and premiums. Insurers are demanding proof of structural integrity and mitigation compliance before issuing or renewing policies. Buildings that fall behind may find themselves uninsurable, which makes units impossible to finance or sell. This is a real and growing risk that owners must take seriously.
Market Impact: Sophisticated buyers in Florida’s condo market are now demanding proof of compliance, reserve health, and inspection reports before making offers. Buildings with clean compliance records and healthy reserves will command premium prices, while those with problems will see their values decline substantially.
Eduardo Gomez, founder of Gomez Law, has over 15 years of experience in complex litigation and appellate law, including a landmark Florida Supreme Court case. He created Anti Association Lawyers specifically to protect homeowners from overreaching associations. If you’re concerned about how HB 913 affects your property value or your association’s compliance, Eduardo and his team can provide strategic guidance. Contact us at (305) 720-2601.
Deep Dive: HB 393 The My Safe Florida Condo Program Revisions
While HB 913 addresses structural safety requirements, HB 393 focuses on hurricane resilience and wind mitigation improvements through a revised state grant program.
Effective Date: HB 393 takes effect upon becoming law.
What the My Safe Florida Program Offers
The My Safe Florida Condo Program was created as a pilot initiative to help condominium buildings become more hurricane-resilient. The program offers grants and incentives to fund wind mitigation improvements that can:
- Reduce the risk of hurricane damage to the building
- Lower insurance premiums through mitigation credits
- Improve overall building safety and marketability
- Protect property values in hurricane-prone areas
For Florida condo owners, where hurricane risk is a constant concern, this program represents a significant opportunity to reduce both physical risk and insurance costs.
Key Changes Under HB 393
The 2025 amendments to the My Safe Florida Program make it both more accessible and more tightly controlled:
Compliance Gating: Associations must be current on their structural integrity reserve studies and milestone inspections before they can apply for grants. This ensures that only well-managed buildings with up-to-date safety compliance can access state funds. If your association has fallen behind on required inspections, you can’t benefit from the program until you catch up.
Eligibility Requirements: Only buildings with three or more stories qualify for the program, focusing resources on larger structures where hurricane damage risk is greatest. Importantly, detached single-family units on individual lots are ineligible for the program under the amended definition of “condominium.”
Grant Conditions and Limits: Grants are now limited to improvements that yield measurable mitigation credits or insurance rate benefits. The state won’t fund cosmetic upgrades only improvements that demonstrably reduce hurricane risk qualify. Roof coverings have been added to the list of eligible improvements, addressing one of the most vulnerable areas in hurricane events. Note that HB 393 removed certain fixed funding caps, meaning grant amounts are no longer guaranteed for defined improvements and may vary based on available funding and project scope.
Reduced Approval Threshold: Previously, grant applications required 100% approval from unit owners in the affected building. HB 393 reduces this to 75%, making it easier for associations to move forward with beneficial projects even if some owners are reluctant.
Matching Funds Requirement: Associations must contribute matching funds in many cases, typically $1 for every $2 received from the state. This ensures associations have skin in the game and prevents complete reliance on state funding.
Verification Requirements: Improvements must be verified in a final inspection before grant funds are fully released, ensuring that money is used as intended and work meets required standards.
Window Restrictions: Associations can only apply for grant funding for window improvements if windows are designated as common elements in their declaration of condominium. This prevents disputes over who owns and is responsible for maintaining windows.
Enhanced Financial Transparency: HB 393 strengthens financial transparency requirements and extends the buyer inspection and review period from 3 to 7 days for relevant disclosures, giving prospective purchasers more time to evaluate the association’s financial health and grant participation.
Strategic Value of the My Safe Florida Program
For well-maintained Florida condos with healthy reserves and up-to-date compliance, the My Safe Florida Program is a valuable opportunity. It allows associations to offset some of the costs of resilience upgrades while gaining insurance benefits that reduce long-term expenses.
For struggling associations behind on compliance, the program serves as an incentive to get current. The potential for grant funding and insurance savings can motivate boards to prioritize catching up on required inspections and reserve studies.
The program also creates a new factor in property valuations. Buildings eligible for and participating in state mitigation programs may be more attractive to buyers concerned about hurricane risk and insurance costs.
What This Means for Florida Condo Owners and Buyers
Florida’s condominium market includes many older buildings built in the 1970s and 1980s that are now facing significant capital needs. These new laws create a clear divide between well-funded, well-managed associations and those struggling with deferred maintenance and compliance issues.
For Buyers and Investors: Enhanced Due Diligence Is Critical
If you’re considering buying a condo in Florida, your due diligence process just became more complex but also more important. Before closing on any purchase, you should obtain and review:
Milestone Inspection and Reserve Study Reports: These documents reveal the true condition of the building and what major expenses are coming. Don’t rely on seller representations demand to see the actual engineering reports.
Reserve Fund Status and History: Look at not just the current reserve balance but the funding history. Has the association been consistently setting aside money, or are they playing catch-up after years of waiving reserves?
Compliance Status: Is the association current on all required inspections and reporting to DBPR? Non-compliance can affect insurance and create legal liability.
Grant Eligibility and Participation: Has the association applied for or received My Safe Florida Program grants? This can indicate proactive management and reduce your future assessment risk.
Debt and Credit Lines: Ask whether the association has taken on any lines of credit or loans to fund repairs. Review the terms, repayment schedules, and how this debt will affect future assessments and monthly fees. While this can be a smart financial tool, excessive debt creates long-term obligations that shift costs into the future rather than eliminating them.
Special Assessment History and Projections: What special assessments have been levied in recent years? What’s projected for the near future? Buildings that claim to have low fees but frequent special assessments are often poorly managed.
Insurance Status: Verify that the building has adequate property insurance and that the policy is not at risk of non-renewal due to compliance issues or hurricane exposure.
For Current Owners: Stay Informed and Engaged
If you currently own a Florida condo, these laws affect your financial future and property value. Here’s what you should do:
Attend Board Meetings: Stay informed about your association’s compliance status, financial condition, and plans for addressing required repairs. Exercise your right to ask questions and review financial records.
Review Governing Documents: Make sure you understand your association’s governing documents, particularly provisions related to assessments, reserves, and owner voting rights.
Participate in Decisions: If your board is considering taking on debt, pausing reserve contributions, or applying for state grants, make sure you understand the implications and vote accordingly. Ask tough questions about repayment terms and long-term financial impacts.
Document Everything: If you have concerns about your board’s decisions or compliance with the law, document them. This creates a record if legal action becomes necessary.
Know Your Rights: Florida law provides significant protections for condo owners, but only if you assert them. If your association is acting improperly, don’t assume you’re powerless.
Monitor DBPR Compliance: Check whether your association has created the required online accounts and is properly reporting to the Division. Non-compliance with these new requirements can signal broader management problems.
Associations that act proactively completing required inspections, maintaining healthy reserves, exploring grant opportunities, and keeping owners informed will be in the strongest position going forward. Their units will command premium prices and be easiest to insure and finance.
If you’re concerned about your association’s compliance or management decisions, Gomez Law can review your situation and advise you on your legal options. We work on contingency, meaning we only get paid when you win. Contact us at (305) 720-2601 for a free consultation.
Recommended Next Steps and Action Items
For Association Boards and Property Managers
Review Current Inspection Status: If you haven’t completed required milestone inspections and structural integrity reserve studies, schedule them immediately. Non-compliance creates insurance problems and legal liability.
Model Cash Flows Carefully: Work with financial advisors to model different scenarios for funding required repairs. Compare the total costs (including interest) of special assessments, phased funding, and lines of credit. Understand that debt shifts costs over time rather than eliminates them.
Evaluate Reserve Pause Options: If your association is considering pausing reserve contributions under HB 913’s provisions, carefully document the decision and ensure you’re meeting all legal conditions. Consult legal counsel to avoid improper use of this flexibility.
Assess Grant Eligibility: Determine whether your building qualifies for My Safe Florida Program grants. If so, begin preparing the required documentation and building owner support for the matching funds requirement.
Update Governance Policies: Review your procedures for electronic voting, conflict disclosure, and contract oversight to ensure compliance with HB 913’s enhanced transparency requirements.
Create DBPR Compliance Accounts: Don’t wait until the October 1, 2025 deadline. Create your required online accounts with the Division and begin reporting inspection and reserve information to build a clean compliance record.
Engage Legal Counsel: Given the complexity of these new laws and the ongoing rulemaking and interpretation process, associations should work with experienced condo law attorneys to ensure proper implementation.
For Buyers, Investors, and Real Estate Attorneys
Include Compliance Clauses in Contracts: Purchase contracts should specifically require delivery of milestone and reserve study reports, with provisions allowing buyers to cancel if the association’s compliance or financial condition is unsatisfactory.
Require Full Document Delivery: Don’t accept summaries or assurances. Demand complete copies of inspection reports, reserve studies, financial statements, meeting minutes, insurance policies, and any loan or credit line agreements.
Ask About Debt and Credit: Specifically inquire whether the association has taken on loans or lines of credit to fund repairs. Review the terms, repayment obligations, and impact on future assessments.
Check Grant Status: Ask whether the association is eligible for, has applied for, or has received My Safe Florida Program grants. This information affects risk assessment and property valuation.
Verify Insurance Coverage: Confirm that the building has adequate property insurance and that insurers are not threatening non-renewal due to compliance issues.
Engage Specialized Counsel Early: Condo law is complex and constantly evolving through statutory changes, DBPR rulemaking, and court interpretation. Partner with attorneys who focus on representing homeowners in association disputes to parse risk, liability, and disclosure issues before problems arise.
At Gomez Law, we help buyers understand what they’re getting into before they close on condo purchases in complex association environments. We also represent buyers who discover material non-disclosures or misrepresentations after closing. Eduardo Gomez’s experience in complex litigation and his track record in both state and federal courts makes him uniquely qualified to handle sophisticated condo disputes. Contact us at (305) 720-2601.
Potential Challenges, Critiques, and Areas to Watch
While HB 913 and HB 393 represent progress in addressing Florida’s condo crisis, several concerns remain:
Risk of Over-Leveraging
The new ability to take on debt to fund repairs is a double-edged sword. While it prevents crushing special assessments in the short term, associations may take on more debt than they can sustainably service. This creates long-term financial obligations that will affect fees for years to come and may ultimately cost owners more through interest payments than if the work had been funded through immediate assessments.
Capacity Constraints in the Inspection Industry
With thousands of buildings across Florida needing milestone inspections and reserve studies, there are already backlogs and delays in getting qualified engineers and firms to perform the work. This could create compliance problems for associations trying to meet deadlines, particularly given the October 2025 reporting requirements.
Challenges for Smaller Buildings
While HB 913 provides some exemptions for smaller associations, many four-story and five-story buildings across Florida still face significant compliance burdens without the economies of scale that larger associations enjoy. These buildings may struggle to afford required inspections and repairs, and may lack the governance sophistication to properly utilize the new financial tools.
Ensuring Proper Oversight of Credit Use
The new flexibility in using lines of credit and loans requires responsible financial management and proper owner approval. Without proper board oversight and owner engagement, there’s risk of bad-faith governance where boards take on excessive debt to avoid difficult decisions or hide financial problems.
Need for Future Legislative Refinements and Rulemaking
As associations begin implementing these new provisions, real-world problems and gaps in the legislation will likely emerge. DBPR rulemaking will fill in many implementation details, and courts will interpret ambiguous provisions. Florida lawmakers should expect to pass additional clarifying or corrective legislation in coming years as the impacts of these changes become clear. Owners and boards should stay informed about these developments.
Conclusion: Balance, Prudence, and Proactive Planning
Florida’s HB 913 and HB 393 represent lawmakers’ attempt to strike a difficult balance maintaining necessary safety mandates while providing tools to mitigate (though not eliminate) the financial burden on condo owners and giving associations flexibility to achieve compliance without immediate financial catastrophe.
The new regime increases the importance of prudent financial management, transparent governance, and proactive planning. Associations that embrace these changes and use the new tools responsibly, with proper owner approval, careful debt management, and realistic planning, will be better positioned. Those that ignore compliance requirements, misuse financial flexibility, or fail to communicate with owners will face serious problems including insurance loss, declining property values, and potential legal liability.
For Florida condo buyers, these laws make due diligence more critical than ever. The difference between a well-managed building with clean compliance and a troubled association with deferred maintenance can mean tens of thousands of dollars in unexpected assessments and significant differences in property values and insurability.
Current owners must stay engaged and informed. Your board’s decisions about compliance, financing, and participation in state grant programs will directly affect your financial future and your property’s marketability. Don’t assume the new laws solve all problems they provide tools, but implementation requires wisdom, transparency, and proper legal guidance.
Take Action: Get Expert Legal Guidance
Whether you’re a condo board trying to navigate complex compliance requirements, an owner concerned about your association’s management decisions, or a buyer trying to assess the risks of a potential purchase, having knowledgeable legal counsel is essential.
Gomez Law has been protecting South Florida homeowners and condo owners for over 15 years. We exclusively represent homeowners never associations so there are no conflicts of interest. Eduardo Gomez has extensive experience in complex litigation, appellate law, and association disputes, including trial experience in both Florida state and federal courts.
We work on a contingency fee basis for most matters, meaning we only get paid when you win. This levels the playing field and allows you to take on your association or pursue your claims without draining your savings on upfront legal fees.
Our bilingual practice serves Miami’s diverse community, with full Spanish-language services available for clients who prefer to communicate in Spanish.
Don’t face these complex new laws alone. Contact Gomez Law today:
Phone: (305) 720-2601 Address: 145 Almeria Ave, Coral Gables, FL 33134
Schedule your free consultation and learn how we can help you navigate Florida’s changing condo landscape, protect your property rights, and hold associations accountable when they overstep their authority.