Anita Byer

March 18, 2026

Milestone inspections are required for residential condominium buildings that are three or more habitable stories in height. The first inspection must occur by December 31 of the year the building reaches 30 years of age (or 25 years if located near saltwater), with subsequent inspections every 10 years thereafter. 

The inspection process consists of two phases: 

1. Phase One: A visual examination by a licensed engineer or architect to assess the building’s structural condition. If no substantial structural deterioration is found, no further action is required. 
2. Phase Two: If substantial structural deterioration is identified, a more detailed inspection, including possible destructive testing, is required to determine the extent of the issues and recommend necessary repairs. 

Failing to address issues identified in a milestone inspection can lead to severe consequences, including: 

1. Legal and Financial Penalties: Noncompliance may result in daily fines, liens, or other penalties imposed by local enforcement agencies. The Division of Florida Condominiums, Timeshares, and Mobile Homes may also investigate and impose penalties. 
2. Unsafe Building Designation: If repairs are not initiated within the required timeframe, the building may be declared unsafe for occupancy, leading to potential evacuation orders. 
3. Breach of Fiduciary Duty: Willful and knowing failure by board members to arrange for required inspections or repairs constitutes a breach of their fiduciary duty to unit owners, exposing them to personal liability. 
4. Reputational Damage: Noncompliance can harm the association’s reputation, making it difficult to attract buyers or maintain property values. 

To ensure compliance and issues are addressed effectively, condo board members should take the following steps: 

1. Understand the Requirements: Familiarize yourself with the statutory requirements under Fla. Stat. § 553.899 and related provisions in the Condominium Act [Fla. Stat. § 553.899Fla. Stat. § 718.112]. 
2. Engage Qualified Professionals: Hire a licensed engineer or architect to conduct the milestone inspection and oversee any required repairs. Ensure all reports are signed and sealed as required by law. 
3. Notify Unit Owners Promptly: Provide timely notice to unit owners about inspection results, repair timelines, and associated costs. Use multiple communication methods, including mail, email, and website postings, to ensure compliance with notice requirements. 
4. Budget for Repairs: Work with financial advisors to allocate funds for necessary repairs. Associations may delay certain reserve studies for up to two years to focus resources on completing repairs. 
5. Monitor Progress: Regularly review the status of repairs and ensure compliance with all deadlines. Submit proof of compliance to the local enforcement agency as required. 
6. Consult Counsel: Seek legal or subject matter experts advice when navigating complex compliance issues and mitigate potential liabilities.