Buying or selling a condominium in South Florida looks different in 2026 than it did two years ago. Florida's response to the 2021 Surfside collapse has produced some of the most significant changes to condominium law in the state's history, and those changes are now landing directly on closings across Palm Beach, Broward, and Miami-Dade counties.
If you are thinking about selling your condo this year, understanding this legal framework is not optional. Buyers and their agents are asking about it before they write offers.
What Changed and Why
Following the collapse of Champlain Towers South in Surfside, Florida enacted Senate Bill 4-D in 2022, refined by a 2023 update and further clarified by House Bill 913 in 2025. Together these laws created three mandatory obligations for all condominium and cooperative buildings three stories or higher in Florida.
The first is the Milestone Inspection. This is a structural inspection by a Florida-licensed engineer or architect required when a building reaches 30 years of age, or 25 years if the building is within three miles of the coastline. Phase 1 is a visual inspection. If the engineer identifies substantial structural deterioration, a Phase 2 inspection is required, which may involve destructive testing and carries significantly higher costs. Buildings that were required to complete their Phase 1 milestone inspection during 2025 had a deadline of December 31, 2025. Many did not finish on time and are still working through the process.
The second is the Structural Integrity Reserve Study, known as SIRS. This is a specialized reserve study covering eight critical structural components as defined in Florida Statute 718.112(2)(g): the roof, load-bearing walls and other primary structural members, floor and ceiling assemblies, foundation systems, fireproofing and fire protection systems, plumbing, electrical systems, and waterproofing and exterior painting. Associations existing before July 1, 2022 were required to complete their first SIRS by December 31, 2025. The SIRS must be updated every ten years. Note that Broward County has its own Building Safety Inspection Program that may require milestone inspections as early as 25 years regardless of coastal proximity, so Broward condo owners should confirm their local requirements in addition to state law.
The third is mandatory full reserve funding. Prior Florida law allowed associations to vote to waive or reduce reserve contributions. That option no longer exists for the structural components covered by SIRS. As of January 1, 2026, associations must fund reserves at 100% of the SIRS recommendations for those components. There is no opt-out.
What This Means When You Sell
When a buyer receives the association's governing documents, Florida law gives them seven business days to cancel the contract with no penalty. A knowledgeable buyer's agent in Palm Beach, Broward, or Miami-Dade will be looking specifically at four things during that window.
The first is the milestone inspection report. A clean Phase 1 with no issues is a meaningful asset in any South Florida market. A Phase 1 flagging multiple items signals that a Phase 2 is coming, with larger costs behind it.
The second is SIRS completion status and reserve funding levels. A SIRS showing that structural reserves are 80% or more funded is a strong selling point. A SIRS showing critical components at 20% funded with repairs due in two to three years means a special assessment is likely, and buyers will price that risk into their offer or walk away.
The third is special assessment history and any pending assessments. Buyers are asking for five years of special assessment history. Frequent small assessments can indicate a reactive board. No assessments followed by a large undisclosed one is the scenario buyers fear most, particularly in older Miami-Dade and Broward buildings where deferred maintenance has been an issue.
The fourth is the building's overall compliance status. Buildings that have not completed their milestone inspection or SIRS face financing complications in some cases, and buyers across all three counties are increasingly aware of this before they write an offer.
The Pricing Reality
A building with a clean milestone inspection, a funded SIRS, and no pending special assessments commands a premium in today's South Florida market because it eliminates uncertainty for buyers. A building with unresolved compliance issues, underfunded reserves, or a pending assessment requires a pricing strategy that accounts for what buyers are calculating on their end.
This is not a reason not to sell. It is a reason to understand your building's position before you list, price accordingly from day one, and avoid the scenario where a buyer's agent raises these issues during the contract period and you are negotiating from a weakened position.
What to Ask Your Association Before You List
Before you list your South Florida condo, request these documents from your association directly. You are entitled to them as a unit owner.
Ask for the milestone inspection report if your building has reached the required age threshold. Ask for the SIRS completion certificate and the most recent reserve funding schedule. Ask for the last two years of budgets and financials showing actual reserve contributions versus the SIRS requirements. Ask whether any special assessments are pending, approved, or under board discussion.
If your association is slow to provide these documents or cannot confirm compliance status, that is important information to have before you are in a contract with a buyer who has seven days to cancel.
The Flat Professional Fee Advantage in This Market
Condo sellers across Palm Beach, Broward, and Miami-Dade navigating compliance questions are often balancing more financial uncertainty than single-family sellers. A pending special assessment, higher HOA dues from reserve funding requirements, and longer days on market all affect the net proceeds from a sale.
A flat professional fee structure means your costs at closing are fixed regardless of your sale price, which gives you more room to price competitively, negotiate with confidence, and close without giving up equity on both sides of the transaction.
At Landmark Signature Realty, every listing includes professional photography and full BeachesMLS and MLS exposure across Palm Beach, Broward, and Miami-Dade counties. If you are thinking about selling your South Florida condo in 2026, the most productive first step is a direct conversation about your building's compliance status and what it means for your pricing strategy.
Darek Homel is the Broker-Owner of Landmark Signature Realty LLC, a licensed Florida real estate brokerage serving Palm Beach, Broward, and Miami-Dade counties. Designations: CIPS, CLHMS GUILD, CNC, SRS, ABR, SFR. License BK3416208.