New or resale condo in Miami: what changed with the law after Surfside

Since the collapse of Champlain Towers South in Surfside (2021), Florida law requires structural inspections when a building turns 30 and mandatory reserves for major repairs. Many older buildings face special assessments to comply. A new building starts with those reserves from day one and is decades away from its first required inspection.

What changed with SB 4-D

After the Surfside collapse, in which 98 people died, Florida passed SB 4-D in 2022. It created two obligations:

• Milestone inspection: buildings three stories or taller are inspected by December 31 of the year they turn 30 (25 if the county decides so, for example near the coast) and every 10 years after that. It is governed by Florida Statute 553.899.
• Structural Integrity Reserve Study (SIRS): every 10 years the building calculates how much it must save for the roof, structure, waterproofing, windows and other systems. For budgets adopted on or after December 31, 2024, owners can no longer waive those reserves (Florida Statute 718.112).

What is happening with older buildings

A July 2026 OPPAGA report counted 8,736 phase one inspections and 1,575 phase two inspections in 2024 and 2025, and 54 buildings declared unsafe or uninhabitable. In 2025, HB 913 granted more time and allowed reserves to be funded with loans, but several associations have already charged their owners large special assessments.

Why this favors pre-construction

• Reserves from the start. A new building's association cannot waive mandatory reserves.
• Decades without a milestone inspection. A building delivered in 2028 turns 30 in 2058.
• Current construction standards and developer warranties.

The trade-off is time: you buy today and take delivery in 2 to 5 years. That is why it pays to choose developers with delivered projects and review the construction schedule. We explain it in our guide on how to buy pre-construction in Miami.

Frequently asked questions

Is a resale building a bad investment? It depends on its condition. Before buying a resale unit, ask for the milestone inspection results, the reserve study and the history of special assessments.

Do new buildings also pay reserves? Yes. Mandatory reserves apply from the first budget and are part of the association fee.

Sources

• WLRN: condo law reform (May 2025)
• Florida Senate: SB 4-D summary (2022)
• Florida Statute 553.899 (milestone inspections)
• Florida Statute 718.112 (structural reserves)
• OPPAGA: Report 26-04 (July 2026)

This content is for informational purposes only and does not replace advice from a Florida-licensed attorney.