Florida’s Condo Safety Law and New Construction: What Buyers Need to Know in 2026

Florida passed Senate Bill 4-D in 2022 following the Surfside condominium collapse, and its requirements have been a source of anxiety and confusion among both buyers and existing owners across the state. For buyers of new construction, the law’s impact is materially different — and in most cases significantly more favorable — than it is for buyers of existing buildings. Understanding the distinction is essential for making an informed purchase decision.

What the Law Requires

Senate Bill 4-D imposes two main requirements on condominium associations:

Milestone inspections: Buildings three stories or higher must undergo a structural inspection by a licensed engineer or architect within 30 years of the certificate of occupancy (or 25 years for buildings within three miles of the coast). A second phase of inspection may be required depending on the first-phase findings. Subsequent milestone inspections are required every 10 years thereafter.

Structural Integrity Reserve Studies: Condominium associations must complete a structural integrity reserve study every 10 years, covering key building components including roof, load-bearing walls, floor, foundation, fireproofing, plumbing, electrical systems, and windows. Beginning December 31, 2024, associations can no longer vote to waive or reduce reserve funding for the components covered by the study.

Why New Construction Buyers Are Differently Positioned

For buyers of new construction, both requirements are largely non-issues in the near term. A new building’s 30-year milestone inspection clock does not start until the certificate of occupancy is issued — which for most current South Florida pre-construction projects will be 2027, 2028, 2029, or 2030. That means the first milestone inspection is not required until 2057 to 2060 at the earliest.

More importantly, new construction buildings are built to current Florida Building Code requirements — including the 2001 amendments enacted after Hurricane Andrew that substantially upgraded structural standards, and subsequent revisions. They use modern impact-resistant windows, current electrical systems, and contemporary structural engineering. The risk profile that created the inspection mandate for 1980s and 1990s condo towers does not apply to buildings being delivered today.

Reserves in New Construction Buildings

The reserve requirement is where new construction buyers should pay attention. Under the updated law, HOA associations in Florida can no longer waive reserve funding for the structural components covered by the integrity reserve study. For new construction buildings, this means that from the date the HOA is established, the association must fund reserves at the level specified in the structural integrity reserve study.

For luxury branded new developments — which already operate at higher HOA fee levels than non-branded alternatives — this generally means reserve funding is already incorporated into the HOA budget. Buyers should request the projected HOA budget for any new construction building they are purchasing, verify what the reserve component is, and confirm that the reserve is being funded from day one rather than phased in.

What Buyers Should Ask

Before purchasing any South Florida new development, ask the following questions related to the condo safety law: What is the projected HOA fee, and what percentage covers reserves? Has a structural integrity reserve study been completed or planned? What are the building’s capital reserve funding obligations from the date of the certificate of occupancy? Is the HOA being established with adequate reserve funding from the first day of ownership?

For most current luxury new developments from reputable developers, the answers to these questions should be reassuring. The law was written to address deficiencies in existing buildings — its requirements create far less exposure for buyers of genuinely new construction.

The Broader Context

The law has caused meaningful financial stress for owners and associations in older South Florida condos, particularly those built in the 1980s and 1990s that had voted to waive reserves for decades. The resulting special assessments in some buildings have run to tens of thousands of dollars per unit, and the market for units in affected buildings has softened.

For buyers evaluating new construction as an alternative to resale, the condo safety law represents one of the clearest comparative advantages of buying new. You are not inheriting decades of deferred maintenance, underfunded reserves, or a building that may need a $50,000 special assessment in your first three years of ownership.

HL Real Estate Group can help buyers evaluate the HOA structure and reserve projections for any active South Florida new development. Contact realestate@hauteleaders.com or call 786.957.7868.

This article is editorial in nature and does not constitute legal advice. Buyers should engage a qualified Florida real estate attorney and review HOA documents before purchasing.