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New, more aggressive condo recertification law moving though state Legislature, impact on Key Biscayne - Islander News.com

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State lawmakers this week took a step closer to expanding Miami-Dade County’s recertification precedent with stricter rules stretching across the state – one of which would encompass just about every tall multi-family residential building on Key Biscayne.

The bill, SB 1702, was unanimously approved by the Senate Community Affairs Committee 9-0 on Tuesday. It calls for several requirements for buildings to be inspected at the 20-year mark and then every seven years thereafter: residential buildings more than three stories high; greater than 3,500 square feet; and they be within three miles of the coastline

Key Biscayne is just two miles wide.

“For safety issues and to protect the integrity of the building, some owners might think this is a good idea,” said Key Biscayne Building Official Rene Velazco, who is attempting to convince 10 property owners or managers of 40- and 50-year- old structures to comply with the current county law.

“But there are so many aspects as to the practicality (of the proposed regulations),” he said. “They’ll be going back and forth on the ideas until they can get a consensus.”

The bill, now on the agenda for the Committee on Regulated Industries, could affect some 2 million condo owners in Florida and would likely be the basis for attachments such as how condo boards are operated and how assessments are collected and saved.

Under the proposed bill, inspections would be required once a building is 30 years old and every 10 years thereafter. Currently, it begins at 40 years — and only in Miami-Dade and Broward counties.

If the building is within three miles of the coastline, however, it would be considered more vulnerable and inspections would begin at 20 years, with subsequent inspections at every seven years thereafter.

The Champlain Towers South building in Surfside that collapsed last summer, killing 98, was in its 40th year. Reportedly, recertification upgrades would have cost some $15 million or more after the condo association there had postponed major repairs.

The Tampa Bay Times reports that the state estimates some 2 million people reside in more than 912,000 condo structures (of the 1.5 million total units in Florida) that are 30 years or older. Another 141,773 structures are 20-39 years old and more than 105,000 are over 50 years old.

Inspections would need to be done by a licensed architect or engineer, the first being a visual inspection that could lead to further inspections and necessary repairs. All reports would have to be filed with the city’s building official.

In December, a Miami-Dade County Grand Jury recommended tighter regulations in the name of safety, drawing applause from several close to the situation on Key Biscayne.

One of those recommendations included condo towers be repainted and weatherproofed every 10 years to prevent corrosion, but there is no specific mention of that in SB 1702.

“It’s not a question of liking or not liking these recommendations; it’s a question of safety,” said Fausto Gomez, president of the Key Biscayne Condominium Presidents’ Council, who was concerned with how insurance companies could set parameters.

“I don’t see this as unreasonable,” said Michele Estevez, owner of Michele & Associates on Key Biscayne, where she oversees 12 properties. “If it’s mandatory, it will be different.”

She did realize, though, new regulations — if approved — would lead to increased fees, starting with residents. For example, to paint just a two-story building, say with 40-50 units, it likely would cost $25,000 to $30,000, she estimated.

The Village of Key Biscayne was among several local governments that quickly responded after the Surfside tragedy, with Velazco and his team auditing all previous inspections, even handing out $500 fines in advance of further penalties for those not in compliance.

“Anything that helps protect (buildings and its residents) and brings value to the community is good,” Village Manager Steve Williamson said. “We get their (engineers’) professional expertise, and that helps us.”

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