As Florida’s 2025 legislative session enters its final days, lawmakers are rushing to ease the financial burden placed on condominium owners by reforms passed after the 2021 Surfside collapse.

But as two sharply different bills move through the Legislature, questions remain about whether the fixes will come in time — and whether cities like Jacksonville are capable of enforcing them.

The effort to reform condo law follows widespread fallout from the landmark "Surfside laws" passed in 2022 and tweaked in 2023. Originally intended to improve building safety after the collapse of Champlain Towers South, the laws instead triggered massive special assessments, steep insurance hikes, and a wave of condo listings across the state.

Now, with thousands of buildings facing inspection mandates and reserve requirements, the Legislature faces a choice between two paths forward — one favored by the Senate and Governor Ron DeSantis, the other passed by the House with near-unanimous support.

Surfside’s Legacy and the Road to Crisis

The collapse of the 40-year-old Surfside tower, which killed 98 people, exposed critical flaws in condo governance: years of deferred maintenance, board infighting, and a lack of financial planning for major repairs.The legislative response was swift. Buildings older than 30 years — and three or more stories tall — were required to undergo milestone structural inspections and conduct detailed reserve studies to ensure funding for critical repairs.

But many associations struggled to comply. Assessments in the tens of thousands of dollars hit residents, often retirees living on fixed incomes, forcing sales and fueling a growing inventory of distressed condo units across South Florida.

By the December 31, 2024 milestone inspection deadline, the vast majority of eligible buildings had failed to file reports, underscoring the complexity — and cost — of the post-Surfside rules.

House and Senate Offer Divergent Solutions

In response, the Legislature is considering two competing proposals.

The Senate’s version, SB 1742, sponsored by Sen. Jennifer Bradley (R–Fleming Island), seeks to ease deadlines and allow temporary pauses in mandatory reserve funding. It would also standardize inspections statewide and require condo boards to seek member approval before taking out loans or lines of credit for major repairs.

The House version, HB 913, filed by Rep. Vicki Lopez (R–Miami), allows boards to borrow without a membership vote, restricts insurance access for non-compliant buildings, and expands electronic voting rights for owners. It passed the House on Wednesday April 23 by a 113-2 vote.

House leaders argue the changes will provide much-needed financial flexibility. But critics, including DeSantis, say the House bill goes too far, weakening owner protections and potentially empowering developers at the expense of residents.

The governor has signaled his support for the Senate’s more cautious approach, warning that the House bill may ultimately face a veto if compromise cannot be reached.

Legal and Constitutional Concerns

Even if lawmakers strike a deal, attorneys warn that condo associations could face a new wave of legal challenges.Florida’s Constitution prohibits retroactive laws that impair property rights, and critics argue that allowing boards to secure loans without owner consent could open the door to lawsuits.

“It’s a dark cloud with no silver lining,” said West Palm Beach attorney Michael Gelfand, who specializes in condo law. “Boards could face liability for actions that arguably diminish individual owners' property rights.”

The prospect of costly litigation could deter associations from using the very financial tools lawmakers are trying to authorize.

Jacksonville’s Shortfalls Show Risks of Local Enforcement

While the legislative fight unfolds in Tallahassee, Jacksonville offers a stark reminder that laws alone are not enough.Nearly three years after Surfside, the city’s compliance with inspection mandates has been sluggish at best. Only 29 milestone inspection reports have been filed in Duval County, of 167 condo associations with local regulators not knowing who many were required to report. City officials have failed to produce a full list of covered buildings, despite public records requests dating back months. Promises from the city’s Building Inspection Division to release data have gone unfulfilled.

In the meantime, the city’s own properties are deteriorating. The historic 324 N. Broad Street building, owned by Jacksonville since 1994, remains gutted and near-collapse, with only belated funding for partial demolition. Private developers, by contrast, face steep fines and foreclosure threats for missed maintenance deadlines — a double standard that critics say undermines public trust.

The Stakes for Condo Owners

The coming days will determine whether Florida’s Legislature can strike a balance between maintaining safety and preventing financial ruin for condo owners.

Senator Bradley’s bill offers a more cautious path, preserving owner rights while allowing needed flexibility. Representative Lopez’s bill promises quicker relief but risks undercutting protections that Surfside’s tragedy made clear were necessary.

Ultimately, without consistent enforcement from local governments, even the strongest reforms could fail to prevent the next disaster.

As lawmakers race toward the session’s May 2 adjournment, the future of Florida’s condo market — and the safety of its residents — hangs in the balance.