Category: Legal Issues

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2026 Florida Condos Situation

Florida Senate Bill 4D enacted May 26, 2022 on Building Safety called for MIs (mandated inspections) & SIRS (Structural Integrity Reserve Studies) for condo buildings and the disclosures of those results. Link below is the DBPR’s online database of those condos who have submitted their SIRS.

Condo buildings in Florida that were more than 30 years old (in 2022) faced a December 31, 2024 deadline for a mandatory “milestone inspection.” For condo buildings turning 30 years old between 2022 & 2024, the deadline was December 31, 2025.

https://dbpr-publicrecords.myfloridalicense.com/qpr/single/?appid=14f1ed21-7b21-4272-af14-9eaad7911440&sheet=mcprvJW&opt=ctxmenu&select=clearall

So, as of January 1, 2026, the inspection & reserve study deadline has passed. It required FULL RSERVE FUNDING. There was a 365 day Phase 2 repair clock for any immediate repairs required by Milestone Inspections. That is a non-negotiable. The Florida Legislature has not enacted any further extensions for compliance. These condo associations must now pay for their immediate repairs, as well as future reserves (as indicated by their SIRS.)

If a condo building is out of compliance, the local building officials are now in charge. This is a substantial issue. If a condo building is out of compliance, the local building officials may declare the building as an “UNSAFE STRUCTURE” (“unsafe and unfit for occupation”) which is an IMMEDIATE SAFETY EVACUATION that gives occupants “NOTICE TO VACATE” orders. That means the unit is uninhabitable almost overnight. (House Bill 913.) This can be done without any court proceedings. It’s not like a foreclosure situation where you have time to figure it out. The local building officials can “red tag” a building.

If this happens to your condo building you will have trouble securing insurance for the building. If you do not have insurance, any owners with mortgages will be in default technically. Carriers are refusing to renew policies where they deem there has been no repairs progress on the milestone reports. If your association thought they could buy some time, they were wrong.

If you’re shopping for a condo now, be sure you are using an agent who understands these issues to advise you.

A condo may already be in violation. Associations with 25+ units MUST post their milestone reports online,

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Our Transaction Policies

We send a notice to anyone who wants to utilize our services to sell their property BEFORE we will even consider an employment agreement, particularly for sales of vacant land. These policies have become necessary in a global economy, where scammers can be located anywhere on the planet. Out of our legal jurisdiction. So you’d get an e-mail that looks like this:

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Dear [Customer Name]:

We are looking forward to working with you to sell your property.

As part of our company policies (in accordance with licensing law & regulations duties) we ask you to review our policies listed below and reply to to this communication with the statement, “I agree.”

We are unable to list any property unless you first agree to these terms:

We will be conducting an exhaustive title search to confirm the rightful ownership of the property at the cost of the seller.

We require a copy of the seller’s latest property tax bill and the most recent proof of payment.

We require an in-person meeting or video conference with all sellers.

A “For Sale” sign with our contact information must be posted on every property we list, including the name of our listing agent and a phone number where we can be reached (unless prohibited by law or HOA or Condo Assn.)

We require all clients use one of our approved notaries public. If you are located out of our immediate area, we will provide a list of approved Notaries Public to you.

All transactions are subject to a minimum 48 hour hold before funds will be released. If the 48-hour period ends during a holiday or weekend, funds will be released on the next business day.

Sincerely,

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Developers Are Opting for “Detached Condos” Rather Than Platted Subdivisions

It could be a fatal mistake to invest in a property that appears to be a free standing house, but is actually a detached condominium! ALWAYS check the legal description if you are actually looking for a single family detached home; if it’s actually a detached condominium you’ll see “unit” or “condo” in the legal description.

Many MLSs, title companies and yes, even lenders misclassify this kind of ownership, thereby creating appraisal, mortgage and title problems. Realtors/MLSs add to the misclassification by quoting “lot size” — there is no individual condominium lot size — the lot size is for the entire development! Detached condo owners typically own the “surface” of the land under the structures, the structures, 200 ft. above the land, the systems, tree roots and anything that supports the home. The HOA owns everything else.

Detached condominiums are widely found in Texas, California, Florida and many other states.

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AI & Real Estate Contracts

Did you know that many people are uploading real estate contracts into AI platforms such as Chat GPT to get analysis of what they’re going to be signing?

However, what many people do not understand is that Chat GPT is not always correct when it comes to interpretation of contractual terms and how they relate to state and federal laws. Sometimes AI platforms even hallucinate with “pie in the sky” answers.

This could lead to making a catastrophic mistake in any purchase, sale or lease of real estate.

That’s one good reason to consult a real estate professional with years of experience. An experienced broker should have a knowledge base that allows them to solve many problems and explain many different scenarios to clients so their clients can then make the best business decisions for themselves.

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FINCEN Residential Rule Postponed Until March 1, 2026

But TARGETED GTOs are still in force…

FinCEN issued a temporary order granting exemptive relief from the reporting requirements. In the interim, any Real Estate Geographic Targeting Orders will remain in effect.

https://www.fincen.gov/news/news-releases/fincen-announces-postponement-residential-real-estate-reporting-until-march-1

https://www.fincen.gov/news/news-releases/fincen-renews-residential-real-estate-geographic-targeting-orders-0

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