Florida Statutes § 553.899: Milestone Inspections for Condo and Co-op Buildings

Quick Answer

Florida Statutes § 553.899 requires a "milestone inspection," a structural inspection by a licensed architect or engineer, for residential condominium and cooperative buildings that are three habitable stories or more. The first inspection is due by December 31 of the year the building reaches 30 years from its certificate of occupancy, or 25 years if the local enforcement agency decides local conditions call for it, and every 10 years after that. The association arranges the inspection and pays for the parts of the building it maintains. Once the local agency sends its notice, two clocks start: 14 days to tell owners and 180 days to finish phase one.

At a Glance

What the Law Says

The statute opens with a legislative finding that "maintaining the structural integrity of a building throughout the life of the building is of paramount importance." A milestone inspection is defined as a structural inspection by an architect licensed under chapter 481 or an engineer licensed under chapter 471, covering load-bearing elements and primary structural members and systems. Its purpose is not to test code compliance: the statute says it is "not to determine if the condition of an existing building is in compliance with the Florida Building Code or the firesafety code."

When the inspection is due

• By December 31 of the year the building reaches 30 years of age, measured from the certificate of occupancy date, and every 10 years after.
• If a building reached 30 years before July 1, 2022, the initial inspection had to be performed "before December 31, 2024."
• If a building reaches 30 years on or after July 1, 2022 and before December 31, 2024, the initial inspection must be performed "before December 31, 2025."
• The local enforcement agency may decide that local circumstances, "including environmental conditions such as proximity to salt water," require the 25-year mark instead.
• The local agency may extend the initial deadline for good cause if the owner has a contract with an architect or engineer and the inspection cannot reasonably be finished in time.
• The agency may accept a pre-July 1, 2022 structural inspection report that "substantially" complies. The next 10-year deadline then runs from that earlier inspection.

Notice, phases and reports

• The local agency must send written notice by certified mail. The association must notify unit owners within 14 days after receiving it and state the completion date. Email (for owners who consented) or website posting is allowed.
• Phase one must be completed within 180 days after the owner or owners of the building receive the agency notice. Phase one is a visual examination. If the inspector finds no signs of substantial structural deterioration, phase two is not required.
• If substantial structural deterioration is found, phase two is required. The inspector must give the local agency a progress report with a timeline within 180 days after submitting the phase one report.
• After either phase, the inspector submits a sealed report with a separate summary to the association, to any non-condominium owner of part of the building, and to the local building official.
• Within 45 days after receiving a report, the association must distribute the inspector's summary to every unit owner "regardless of the findings or recommendations," post it conspicuously on the property, and publish the full report and summary on its website if it is required to have one.

Repairs and conflicts

• Counties and municipalities must adopt an ordinance requiring owners to schedule or begin repairs for substantial structural deterioration within a set time after the agency receives a phase two report, and "such repairs must be commenced within 365 days." If the owner cannot show repairs are scheduled or started, the agency "must review and determine if the building is unsafe for human occupancy."
• An architect or engineer bidding on the inspection must disclose in writing any intent to bid on resulting repair work. A design professional or contractor bidding on the repairs may not have an interest in the inspection firm, or be a relative of someone who does, unless disclosed in writing. A contract is "voidable and terminates" on the association's written notice if the disclosure was not made.
• Local agencies must report inspection data to the department on or before December 31, 2025 and each December 31 after that.

What This Means in Practice

For boards

Treat the local agency's letter as the trigger for a short checklist: log the date it was received, send the owner notice inside 14 days, and engage a licensed architect or engineer early so phase one can finish inside 180 days. As a worked example (our arithmetic, for illustration only): if the certified letter is received on March 1, the 14th day is March 15 and the 180th day is August 28 in a non-leap year. The statute does not say how to count days, so confirm the counting method with counsel.

The statute puts the duty to arrange the inspection on "the condominium or cooperative association and any owner of any portion of the building which is not subject to the condominium or cooperative form of ownership." The association pays costs "attributable to the portions of a building which the association is responsible to maintain under the governing documents." Our reading: in a mixed-use or partially non-condominium building, the cost split depends on who maintains which components, so the declaration matters.

A milestone inspection also connects to money. Under § 718.112(2)(g) the structural integrity reserve study may be delayed or combined with the inspection, and under § 718.112(2)(f) a board may pause or reduce reserve contributions after an inspection, with owner approval, in budgets adopted on or before December 31, 2028. See the reserves page linked below.

For owners

Owners are entitled to the inspector's summary within 45 days of the association receiving each report, whatever it says. The full report goes on the association's website if the association is required to have one. Renters can inspect milestone reports under § 718.111(12)(c), which lists the § 553.899 reports among the few records a renter may see.

What the law does not say

• It does not say how days are counted, or what happens if the 180-day phase one window is missed. Penalties are left to the local agency.
• It does not set a completion deadline for repairs, only that they must be commenced within 365 days after the agency receives a phase two report, and that the local ordinance may set a shorter period.
• It directs the Florida Building Commission to adopt rules for a building safety program by December 31, 2024. We did not verify whether those rules have been adopted.
• It does not define "habitable stories" in the text we read. The statute points to how the Florida Building Code determines height. Confirm with the local building official for a building with a partial or parking-level first floor.

Open question (our reading): the 30-year and 25-year language is stated in terms of "the year in which the building reaches" that age, so a building's deadline appears to fall on December 31 of that year, but the local agency's notice and any local ordinance control how it is enforced in practice.

Timeline

Related Florida Law

• § 718.112(2)(f) and (g): reserves and the structural integrity reserve study
• § 718.111: official records, insurance and financial reporting
• § 718.112: bylaws, meetings, elections and budgets
• Chapter 718: the Condominium Act
• SB 4-D (2022): building safety, milestone inspections and SIRS
• SB 154 (2023): milestone and reserve changes
• HB 913 (2025): reserves, SIRS and meetings
• Florida HOA laws complete guide

Board Checklist

• Find the building's certificate of occupancy date and the year it reaches 25 and 30 years, and ask the local building official which standard applies.
• Confirm the number of habitable stories under the Florida Building Code for each building.
• When the agency letter arrives, record the receipt date and send the owner notice within 14 days.
• Engage a licensed architect or engineer early and collect the written bid-and-interest disclosures required by § 553.899(12).
• Calendar the 180-day phase one date, and the 45-day owner distribution date after each report.
• Post the inspector's summary on the property and, if the association must have a website, publish the full report there.
• Ask the engineer whether the inspection can serve in place of the visual portion of the reserve study, and plan the reserve budget accordingly.
• Keep the reports: § 718.111(12)(a)15. requires the association to maintain them for 15 years.

Frequently Asked Questions

Which Florida condo buildings need a milestone inspection?

Buildings three habitable stories or more in height that are, in whole or in part, a residential condominium or residential cooperative. Single-family to four-family dwellings with three or fewer habitable stories above ground are excluded.

When is the first milestone inspection due?

By December 31 of the year the building reaches 30 years from its certificate of occupancy, or 25 years if the local enforcement agency requires it. The statute set transition dates of "before December 31, 2024" for buildings that reached 30 before July 1, 2022, and "before December 31, 2025" for buildings reaching 30 between July 1, 2022 and December 31, 2024.

How long does the association have to tell owners?

Within 14 days after receiving the local agency's written notice, and the notice must state the date the inspection must be completed. Within 45 days after receiving an inspection report, it must distribute the inspector's summary to every owner.

What is the difference between phase one and phase two?

Phase one is a visual examination of habitable and nonhabitable areas, completed within 180 days after notice. Phase two, which may involve destructive or nondestructive testing, is required only if phase one finds substantial structural deterioration.

Who pays for the inspection?

The association is responsible for the costs attributable to the portions of the building it maintains under its governing documents. Other owners of parts of the building are responsible for their own compliance.

Can a local government set its own penalties?

Yes. The statute says a local enforcement agency "may prescribe timelines and penalties with respect to compliance." The statute itself does not list a fine amount.

What happens if repairs are not started?

Local ordinances must require repairs to begin within 365 days after the agency receives a phase two report. If the owner cannot show repairs are scheduled or begun, the agency must determine whether the building is unsafe for human occupancy.

Where This Comes From

We read the full text of § 553.899 in the 2026 Florida Statutes, including its history line, at leg.state.fl.us. We also read the Florida Senate bill pages for SB 4-D (2022) and CS/CS/SB 154 (2023) and HB 913 (2025), and the Senate bill summaries for HB 1021 (2024) and HB 913 (2025), for dates and chapter numbers. Where a summary and the current statute differed (for example, the date for local agency reports), we followed the statute. We did not read local ordinances, Florida Building Commission rules, or any appellate decision applying this section.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.