This is one of the biggest real estate stories in South Florida right now, and it's confusing for everyone involved. Owners hear about inspections, reserve studies and special assessments in the same month. Developers see older waterfront buildings sitting on land worth more than the units. Boards are stuck in the middle. We're a demolition contractor, so we come in at the end, but owners and developers ask us the same questions early on. These are the answers.
The rules
The inspections and studies, in plain words
| Item | What it is | Who it applies to |
|---|---|---|
| State milestone inspection | An inspection by a licensed engineer or architect, due by December 31 of the year the building turns 30, then every 10 years. Phase one is visual. If it finds substantial structural deterioration, a phase two with testing follows. | Condo and co-op buildings three habitable stories or taller. The local building department can move the first one up to 25 years, for example for buildings close to salt water. |
| Repair deadline | After a phase two report, the law requires repairs to be started within 365 days. Local rules can set shorter timelines. | Any building whose phase two report calls for structural repairs. |
| County recertification | Miami-Dade and Broward have their own building safety recertification programs, separate from the state inspection. Miami-Dade moved its first one from 40 years to 30. | Commercial and multifamily buildings above a size threshold, not only condos. |
| Structural integrity reserve study | A study of the building's major structural parts, like the roof, load-bearing walls, foundation and plumbing, and how much money the association has to set aside to repair or replace them. | Condo associations in buildings three stories or taller. Owners can no longer vote to skip funding these reserves. |
This is a simplified summary of Florida's milestone inspection law (section 553.899, Florida Statutes) and related condo rules. The details and deadlines change, so check the current rules with your building department and a condo attorney.
Why it happens
What pushes a building toward demolition
An inspection report almost never orders a building torn down by itself. It's usually a combination of these:
The repair bill
Concrete spalling, corroded rebar, balconies, garage decks and old plumbing can add up to a number that's hard to justify for a building near the end of its life.
Reserves on top of repairs
Owners can be asked to pay for the repairs and fully fund the reserves at the same time. For some owners that means large special assessments in a short window.
The land is worth more
Many older buildings sit on waterfront or near-beach land where zoning would allow something much bigger. A developer can pay owners more than their units would sell for and still make the numbers work.
Insurance and financing
Buildings with open safety issues can have trouble getting insurance, and buyers can have trouble getting loans. That squeezes unit values further.
An unsafe structure finding
When a building is declared unsafe, the city can order it repaired or vacated, and in the worst cases demolished. This is rare, and usually comes after deadlines are missed.
Before anyone calls a demolition contractor
Selling the whole building is a legal process
Owners have to vote
Ending a condominium so the property can be sold takes a supermajority vote of the owners under state law and the building's own documents. It is not a board decision.
The rules are changing
Florida's condo termination rules have been amended by the legislature and tested in court in the last few years, including over whether associations can lower the vote they need. What applied to a deal a few years ago may not apply now.
Get a condo attorney early
Owners, boards and developers should each have their own lawyer. Our part starts once the property changes hands, but we're glad to give a developer a demolition budget while the deal is still being worked out.
The demolition itself
What taking down a mid-rise condo building involves
Asbestos survey and notice
A multifamily building of this size needs a thorough asbestos survey and a written notice at least 10 working days before demolition, even if nothing is found. Older buildings often have asbestos in floor tile, ceilings, roofing or pipe insulation, which comes out before demolition starts.
Utilities, including the big ones
Electric service, often with a transformer on site, water and a separate fire line, sewer, gas if there is any, and elevator equipment and hydraulic oil all have to be shut down, removed and documented.
Strip-out
Cabinets, drywall, flooring, doors and fixtures usually come out first, which separates debris and makes the structure easier to take down cleanly.
Taking down the structure
Depending on height and how close the neighbors are, the building comes down with high-reach equipment, from the top down with machines working on the floors, or a mix. Post-tensioned slabs, which are common in South Florida concrete buildings, need an engineered sequence.
Protecting the neighbors
Dust control, vibration monitoring, fencing, covered walkways and traffic control, plus a pre-construction survey of nearby buildings so everyone knows their condition before work starts.
Below grade and site
Pile caps, foundations, garage slabs and seawall work are decided with the developer's engineer, based on what the new building needs. Then the site is cleared and graded for construction.
Related
Keep reading
Common questions
Frequently asked questions
What is a milestone inspection in Florida?
It's a structural inspection by a licensed engineer or architect required for condo and co-op buildings three habitable stories or taller. It's due by December 31 of the year the building turns 30, or 25 if the local building department requires it, and every 10 years after. Phase one is visual, and a phase two with testing is required if it finds substantial structural deterioration.
Does failing a milestone inspection mean the building will be demolished?
No. A phase two report that calls for repairs means repairs have to be started within 365 days. Most buildings are repaired. Demolition usually only happens when owners decide to sell the whole property to a developer, or in rare cases when a building is declared unsafe and not repaired.
Can a condo building be sold and torn down if some owners don't agree?
Florida law allows a condominium to be terminated with a supermajority vote of the owners, but the exact threshold depends on the law and the building's documents, and both have been changing and tested in court. Owners in that situation should talk to a condo attorney.
What is a structural integrity reserve study?
It's a study of a condo building's major structural parts, such as the roof, load-bearing walls, foundation and plumbing, and how much the association needs to set aside to maintain them. It's required for condo buildings three stories or taller, and owners can no longer vote to waive funding those reserves.
How long does it take to demolish a mid-rise condo building?
It depends on the size, the asbestos, the structure and the site. The asbestos notice alone is at least 10 working days, abatement and utility work often take longer, and the demolition itself is planned around the neighbors. A contractor can give a realistic schedule after reviewing the survey and the building.
This article is general information, not legal or engineering advice. Florida's condo, inspection and termination laws have changed several times since 2022 and continue to change. Confirm the current rules with your building department, a licensed engineer and a condo attorney.