HB 913 & The "Biscayne 21" Ruling: New Termination Rules for Miami and Fort Lauderdale Condos
The SIRS Deadline: Impact on South Florida Condominium Associations
As of December 31, 2025, Florida law requires certain condominium associations to have completed a Structural Integrity Reserve Study (SIRS) pursuant to Section 718.112(2)(g), Florida Statutes, as amended following the 2021 Champlain Towers South collapse and subsequent legislative updates, including provisions enacted through House Bill 913.
The SIRS requirement applies to condominiums three stories or higher and requires associations to obtain a study addressing the remaining useful life and estimated replacement costs of specific structural components, including:
Roof systems
Load-bearing walls and primary structural members
Floors
Fireproofing and fire protection systems
Plumbing and electrical systems
Waterproofing and exterior painting
Windows and exterior doors
Associations located in Miami-Dade County, Broward County, and Palm Beach County are among those subject to these statewide statutory requirements.
Mandatory Structural Reserve Funding
Florida law now requires associations subject to SIRS to maintain separate reserve accounts for the structural components identified in the study. These reserves must be funded based on the SIRS recommendations.
Unlike prior practice, members may no longer vote to waive or reduce reserve funding for the SIRS-covered structural components. Reserve funding must be maintained in accordance with the SIRS to ensure the availability of funds for future structural repairs and replacements.
For many condominium communities in coastal South Florida cities such as Boca Raton, Hollywood, Hallandale Beach, Aventura, Sunny Isles Beach, and Fort Lauderdale, these statutory changes may result in the implementation of new or increased assessments in order to fund structural reserve accounts.
The Biscayne 21 Ruling and Condominium Termination
In October 2025, the Florida Supreme Court declined to accept discretionary review of the Fourth District Court of Appeal’s decision in Avila v. Biscayne 21 Condominium Association, Inc. This allowed the appellate court’s interpretation of condominium termination provisions to remain controlling law.
The appellate court held that when a condominium declaration requires unanimous (100%) consent to terminate, the association may not amend the declaration to reduce that voting threshold and then rely on the lower statutory termination percentages in Section 718.117, Florida Statutes.
The decision clarified that unit owners’ termination voting rights established in a declaration may constitute vested contractual rights that cannot be retroactively altered by later statutory amendments.
This ruling is particularly relevant to older condominium buildings located in areas such as Edgewater, Brickell, Downtown Miami, and coastal Broward County where redevelopment interest is common.
“Kaufman Language” and Governing Documents
Whether a condominium association may rely on current statutory termination thresholds often depends on the wording of its declaration.
Some declarations incorporate the Florida Condominium Act “as amended from time to time.” This phrasing is commonly referred to as “Kaufman Language.” Where present, courts have generally recognized that the association may apply later statutory amendments, including the termination procedures in Section 718.117, Florida Statutes.
Declarations that do not contain this language may be governed by the version of the statute that existed when the declaration was originally recorded, which may require unanimous consent for termination.
Condominium Associations Across South Florida
These statutory and judicial developments affect condominium associations throughout Miami-Dade County, Broward County, and Palm Beach County, including communities in:
Miami
Fort Lauderdale
Hollywood
Hallandale Beach
Aventura
Sunny Isles Beach
Boca Raton
Delray Beach
West Palm Beach
Homestead
Understanding how SIRS requirements and termination provisions apply depends on the association’s governing documents and building characteristics.
South Florida Condominium Law
Bryan Law P.A. is a South Florida law firm serving condominium associations and unit owners in Fort Lauderdale, Miami, and surrounding communities. The firm monitors statutory and case law developments affecting condominium operations, reserve funding, and termination procedures.
To discuss condominium association representation in South Florida, contact Bryan Law P.A. at (954)-383-0303