Palm Beach County, FL

01/17/2025 | Press release | Distributed by Public on 01/17/2025 14:58

Planning, Zoning, and Building Department Provides Update on Condominium and Cooperative Milestone Inspection Program to the Board of County Commissioners

​Following the 2021 Champlain Towers South collapse, state law (FS 553.899) was amended to require structural milestone inspections and certifications of all condominium and cooperative buildings which are three stories or more in height when they reach 30 years of age. Local governments are responsible for implementing a process to verify compliance with the statute.

On Jan. 14, 2025, the Planning, Zoning, and Building Department's (PZB) Building Division staff presented an update to the Board of County Commissioners (BCC) on the Condominium and Cooperative Milestone Inspection Program for unincorporated Palm Beach County. The presentation sought BCC direction on the compliance policy for the buildings that have not responded to required deadlines.

Effective Jan. 16, 2025, approximately 93 condo and cooperative buildings in unincorporated Palm Beach County had not responded to the Phase 1 report requirement. Additionally, 35 buildings have not responded to the Phase 2 report requirement. (Note: The numbers change daily as the reports are processed and submitted or new information about the properties is discovered.)

The result of the Jan. 14, 2025 BCC meeting is as follows:

For properties in noncompliance with Phase 1 or Phase 2 Statutory Reporting Deadlines, the board directed staff to send additional reminder letters and noncompliance letters to the condo or co-op agent of record and to each unit owner.

The noncompliance letters should be sent by Jan. 31, 2025 and will allow 30 days to respond. The response must include either:

  • Milestone Report or
  • Request Extension (up to 60 days)
  • If no response is received within 30 days:
    1. A Code Compliance Notice of Violation (NOV) may be issued
  • If the NOV deadline is not met:
    1. The case will be scheduled for the next available Special Magistrate (SM) hearing.
      1. The SM's Order will:
        • Set an additional compliance deadline
        • Set a fine amount that will be assessed if the new deadline is not met
  • If the SM deadline is not met:
    • In addition to the assessment of fines and possible liens, a Construction Board of Adjustment and Appeals (CBAA) unsafe structure case may be initiated.
    • The Building Division will notify the Florida Division of Condominiums of the noncompliance.

Additionally, staff was directed to report back to the BCC with any recommended amendments to a fee schedule related to noncompliance with milestone inspection and repair requirements including any recommended revisions to compliance processes specifically related to the code requirements.

The information above includes guidance received at the Jan. 14, 2025 Board of County Commissioners meeting.