FCAP Community

Published November 2024

     Florida Community Association Professionals’ (FCAP) training is offered on two levels. Level one consists of courses meeting Florida’s continuing education requirements for CAMs, and level two is the Florida Advanced CAM Studies (FACS) course. For further information about the more than 38 online continuing education classes available or to pursue the Certified Florida Community Association Manager (CFCAM) designation, please visit www.fcapgroup.com/membership/education-training/.

Prepare to Meet the New SIRS Requirements

By Marcy Kravit, CMCA, AMS, PCAM, CFCAM, CSM
Director of Community Association Relations, Hotwire Communications
FCAP Education Program Coordinator

     With the December 31, 2024, deadline on the horizon, Florida’s condominium and cooperative associations are preparing to meet the requirements of the new condominium reserve law. This law calls for a complete structural integrity reserve study (SIRS) to ensure the structural health of buildings, which is essential for the safety of residents and the protection of their investments.

The SIRS Checklist: Safeguarding Your Building

     The SIRS is a detailed evaluation that includes the following key components:

1. Roof: acts as your building’s protective shield
2. Structural Systems: the essential support for the building’s stability
3. Fireproofing & Fire Safety: safeguards in place to counter fire hazards
4. Exterior Painting & Waterproofing: critical for both appearance and protection against weather
5. Plumbing: the building’s water management system
6. Electrical Systems: the key to safe and efficient power distribution and longevity of the electrical infrastructure and compliance with codes for a building or structure is critical. Key to safe and efficient power distribution.
7. Windows & Exterior Doors: the interface with the outside environment, offering security and resilience.
8. Other Costly Elements: any additional elements costing over $10,000 that are crucial to the building’s structural integrity.

Strategic Planning with SIRS

     The SIRS report identifies common areas that are the association’s responsibility, focusing on the life expectancy of each element. This assessment is based on historical wear and tear, climate effects, and previous maintenance. Accurate life expectancy estimates allow for effective planning and budgeting for future upkeep.

Flexible Funding for SIRS

     While funds for SIRS must be dedicated to structural maintenance, the law allows associations the flexibility to manage these through pooled reserves. This can ease the financial burden and contribute to a more stable financial future for the association.

Broader Scope for SIRS

     Legislation has expanded the list of systems included under SIRS, ensuring that no critical element is overlooked. This comprehensive approach is vital for the maintenance and safety of the building.

The Importance of SIRS

     SIRS is more than a legal mandate; it is a proactive blueprint for property maintenance and financial planning. It enables associations to address maintenance needs early on, preventing emergencies and unexpected expenses.

Who Needs SIRS?

     All three-story (or higher) condominiums and cooperatives in Florida must complete their first SIRS by the end of 2024 and then every 10 years thereafter. This applies to all such buildings that existed before July 1, 2022. Developers are also required to perform a SIRS before transitioning property control.

SIRS and Senate Bill 4-D

     Senate Bill 4-D emphasizes the importance of SIRS in Florida. It introduces milestone inspections for buildings, with a focus on structural assessments. SIRS helps property owners and associations meet these new regulations, ensuring safety and compliance.

     In conclusion, Florida’s condominium and cooperative associations need to gear up for the SIRS deadline, which will mark a new chapter in building safety and management. By complying with the new regulations, associations can ensure a higher standard of living and peace of mind for their communities.

Betsy Barbieux

Because You Asked
By Betsy Barbieux, CAM, CFCAM, CMCA

Betsy,
     If an owner asks to have a copy of the recorded meeting, am I supposed to give it to the owner? The new rules don’t mention recorded meetings. I know owners need to have access to documents, etc.
–  Lori

Lori,
     First, I would not record meetings. There is no need to do so. I’ve heard attorneys tell you not to do so because of slanderous language that might be picked up on the recording. If you have been recording the meetings and saving them, I’d ask the board to vote to stop that policy and make available to the owners only the written minutes, whether approved or in draft form. But to the immediate question, I’d respond by sending the written minutes.
–  Betsy

Betsy,
     At the last board meeting the owner who sends me volumes of emails attended with her husband. Her husband is not listed on the warranty deed as an owner. He was very aggressive and rude to the board. So, the board wants to know if they can prohibit him from attending the board meetings?
–  Leslie

Leslie,
     Technically, you could prohibit him from attending the meeting; but practically, there is no way to keep him out of the room. There is no law that says he can’t be there. All the law says is “owners” may make comments on agenda items.
     However, keeping nonowners out will be a huge issue. You’ll need to create some sort of sign-in/show ID process in another room before permitting entry into the board room. And be prepared to call 911.
     If he is disruptive, warn him about his behavior, remind him that he is not an owner and you are being polite to permit him to be there, and if he interrupts one more time then you will tell him to leave. Should he refuse, call 911. Tell 911 you have “a disruptive person at your meeting and he has been told to leave but  he refuses. You are afraid he will become violent.”
     The alternative is to not respond to any questions and tell him only owners may make comments during the meeting. Then do not look at him or give him any attention.
–  Betsy

Betsy,
     We prepared a draft of our 2025 budget and provided a copy to the owners before the board meeting. An owner is demanding to know why the income from the 2024 assessments and special assessment aren’t shown on the budget. He wants to know where all the money went. Did I do something wrong on the budget?
     This man also claims the board members aren’t legitimate since they weren’t “elected.” He can’t seem to understand there were no candidates, so the previous board rolled over with a subsequent resignation and one appointment. I can’t make him understand this is a legitimate board. In fact, they have had no candidates for board seats since before Covid.
     He is threatening legal action.
–  Betsy

Leslie,
     A budget is a projection of the income and expenses for the next year. Income received in the past would never be shown on a budget. It is shown on a year-end profit and loss statement, and bank balances are reflected on a balance sheet. Obviously, he doesn’t understand the basics of accounting.
     As for his comments about the board, the statutes allow board members to be elected or appointed, so either creates a legitimate board. Normal processes and procedures were interrupted during Covid, but I understand this current board is working on getting back to normal routines and meetings.
–  Betsy

Betsy,
    The new board certification course that went into effect on July 1, 2024, satisfies the educational requirements of the new legislation for
condominiums and HOAs, but what about co-ops?
     Do the new board educational requirements apply to co-ops or not? Does my co-op board need to take this new course?
–  Patti

Patti,
     There were no new board certification requirements for cooperative boards in any of the new laws.
     Some DBPR-sponsored board classes are available on the Division website, but they don’t apply to co-ops.
     I have been approved for the past 10 years to present a four-hour board certification course for condominiums, co-ops, and HOAs. I was recently reapproved by the DBPR to continue with my four-hour courses for all three types of communities.
–  Betsy