Shadow of the past: Surfside collapse continues to shape condominium legislation

Four years ago on June 24, 2021, the Champlain Towers in Surfside, Florida, collapsed. The tragedy took away the lives of 98 special individuals and continues to leave the local community grieving and in shock.

As a Surfside resident myself, I’m also affected to some extent. While I was asleep that night, I awoke to a distant noise around 1 a.m. — the time of the collapse.

I didn’t acknowledge this sound as anything severe until the following day when I went to a physical therapy appointment for my injured knee at the time. 

in for a physical therapy appointment for a knee injury I had at the time. I remember lying on the bed frame, watching the news on my iPhone, when a building not too far from my house collapsed. I was stunned and shocked that a building in our modern age could collapse due to environmental factors and/or age decay. And more importantly, these circumstances took away 98 innocent lives.

The Surfside collapse continues to influence state policies regarding condominiums in Florida. The recent Florida 2025 legislative session on March 4, 2025, is a key event to illustrate this connection. Policies inspired by Senate Bill 4-D focus on environmental concerns for building safety and cite stricter accountability for real estate developers and their condominium projects.

Senate Bill 4-D, passed in 2022, was the first bill to reveal the relationship between insurance companies and condominium associations and, in part, how these new regulations impact condo residents. This bill forces condominium associations to comply with Citizens Property Insurance (CPI), a state-backed insurer. CPI requires all condominiums in the State of Florida to complete structural integrity reserve studies for buildings three stories or higher and over 30 years old. These special assessment fees can go as high as 100,000 dollars, and insurance rates nearly double for condominium unit owners.

The Florida legislative session most recently passed an evolved version of Senate Bill 4-D, HB-913, proposed by Republican congresswoman Vicki Lopez. This bill requires a clearer division between the associations enforcing inspection requirements and the companies performing the repairs. It also formalizes inspection processes, now called “milestone inspections,” along with mandatory structural integrity reserve studies.

Before this bill, condominium associations created their own provisions for building inspections. Moreover, the same party would repair any damages. Currently, Citizens Property Insurance will be the primary solicitor enforcing inspection requirements. These changes affect how companies operate their building construction.  Condo associations are also concerned about complying with this new relationship with the State.

The Insurance Information Institute revealed that insurance companies are seeking heavier policies considering factors such as unexpected storm surges and stricter policy inspections for condominiums along the coastline, such as the former Champlain Towers in Surfside, FL. A WLRN report revealed that fewer than 40% of older condo buildings in South Florida have submitted their required inspection reports. Or in other words, a Condo association. They are seemingly unresponsive to these new legislative provisions. 

This failure to comply poses significant risks, such as structural damages, loss of confidence in relationships between buyers and lenders, property depreciation, and potential regulatory crackdowns.

Over the past 20 years, the culture of living in South Florida has dramatically shifted from conventional home living to an influx of apartment complex lifestyle. Miami Beach and municipalities along the coast were majority household neighborhoods. Today, homeowners in these areas struggle to maintain their neighborhoods while deterring aggressive home buyers who are usually not local. 

Provisions proposed by the State and potential backlash from condominium associations can severely affect residents' economic well-being. Unless condominium associations are willing to cover these dramatic changes, residents will have to meet these new price standards that condominiums are unwilling to accommodate.

The saying in Miami, “I live where you vacation,” has transformed its meaning from a casual reference about Miami's beautiful beaches and weather to an unrealistic cost standard for the middle class. 

Unfortunately, the Surfside collapse was a tragic event that revealed that living in condominiums by coastlines can be life-threatening. Policies such as HB-913 will continue to influence the landscape for condominium living. Whether these policies are considered stringent or state overreach, it is apparent that no person who decides to live in a condominium by the beach should factor into their decision whether that building will collapse. Condominium Associations should be able to reinforce these broken relationships with their current and future tenants. Complying with these new state policies allows condo owners to meet their basic responsibilities for tenant safety and well-being, while tenants will face less financial strain.