Updated Florida Laws Impacting Condominiums: Surfside Information Forum
The Town of Surfside held a public forum on Wednesday, August 31 to brief residents on the new laws impacting condominiums. Florida Senators Jason Pizzo and Jennifer Bradley, both instrumental in spearheading the new legislation in Tallahassee in the wake of the 2021 building collapse, were on hand alongside Surfside Building Official James McGuiness and representatives from Bank United who covered financial assistance available via HOA programs. The event was organized by Commissioner Marianne Meischeid and presented by Surfside's Town Commission. 🎥 WATCH THE RECORDING.

Click here for all the information regarding New Condo Recertification Rules adopted by Miami-Dade County.

What is a Building Recertification?

In accordance with the Miami Dade County Code, Section 8-11 (f), all buildings, except single-family residences, duplexes and minor structures which are forty (40) years or older must be recertified by the Building Official when the structure becomes 41 years old and then every 10 years after the first Recertification.

Minor Buildings are defined as any occupancy group having an occupant load of 10 or less, having a gross area of 2,000 square feet or less.

The Owner or Owner's representative must hire a Registered Architect and/or a Professional Engineer to perform electrical and structural inspections for the building and submit a completed report of the inspection performed to the Governmental Compliance Section in the City of Town of Surfside Building Department for review and approval.

Owner Notification and Repair Process

How is the owner notified:
When a building is due to submit a report for the 40/10 year recertification, the Building Department will send a notice to the Owner or Owner’s representative via certified mail.

Procedures after notification:
The owner of a building who has been notified that a 40/10 year recertification is required for their building, shall furnish within ninety (90) days of the receipt of the notification of the building a re-certification of a complete written report; which has to be submitted to the Building Official.

The reports must be prepared by a Professional Engineer or an Architect registered in the State of Florida, certifying that each such building or structure is structurally and electrically safe, or has been made structurally and electrically safe for the specified use for continued occupancy in conformity with the minimum inspection procedural guidelines as issued by the Miami Dade County Board of Rules and Appeals.

Building Re-certification reports shall bear the impressed seal and signature of the certifying Engineer and or Architect. Failure to submit the required building re-certification report within the maximum time limitation of (90 days) will result in the issuance of a Building Violations.

If repairs are required:
In the event that repairs or modifications are found to be necessary resulting from the building re-certification inspection, the Owner shall have a total of 150 days from the date of the notice of required inspection in which to complete indicated repairs or modifications in compliance with all applicable sections of the Florida Building Code.

Violation of Recertification Process

If the building re-certification process is not completed within the maximum time limitation that has been established by the Miami-Dade County Ordinance, a Notice of Violation shall be issued.

The Notice of Violation will be posted on the building and mailed to the owner of record via certified mail. The Owner will have 30 working days to comply with the issue of the building violation.

If the owner fails to respond to the violation, the violation will be referred to The Town of Surfside Special Master for a hearing. The Special Master will have the authority to impose fines of up to $500 per day in the case of non-compliance.

If the Building Official determines that the structure is unsafe, the matter will be forwarded to Miami Dade County Unsafe Structures Board.