The June 2021 collapse of the Champlain Towers South condominium in Surfside, Florida — killing 98 people — was a watershed moment for US condo reserve law. Investigations revealed the building had deferred millions in structural maintenance despite board warnings, and the reserve fund was critically underfunded. The legal response has been swift and far-reaching, reshaping condo governance requirements across the country.
Florida: The Most Sweeping Post-Surfside Response
Florida enacted SB 4-D in 2022 and then SB 154 in 2023, creating the most comprehensive condo reserve law in the US. Key requirements for Florida condominiums with buildings 3+ stories: (1) structural integrity reserve studies (SIRS) required every 10 years; (2) milestone inspections required at 25 years (30 years for coastal buildings) and every 10 years thereafter; (3) full-funded reserves mandatory starting December 31, 2024 — boards may no longer waive reserves; (4) visual inspection reports must be posted on the association website.
Florida 2026 Deadline: All Florida condominium associations subject to SB 154 must have completed their structural integrity reserve study and be collecting adequate reserves as of January 1, 2025. Boards that have not completed the SIRS should do so immediately and adjust their 2026 budget accordingly.
California: AB 2114 and Senate Bill 326
California enacted SB 326 in 2019 (before Surfside) requiring visual inspections of exterior elevated elements (balconies, decks, stairways) for condominiums with 3+ units. AB 2114 (2022) strengthened these requirements post-Surfside. California's reserve requirements under Davis-Stirling already mandate a reserve study, but the new legislation adds specific structural element inspection requirements with 9-year inspection cycles.
Virginia and Other States Following Florida's Lead
Virginia enacted HB 1675 (2024) requiring condominium associations with 3+ story buildings to conduct structural reserve studies and disclose the results to buyers. Maryland, New Jersey, and Illinois are all considering similar legislation in 2026. Several UCIOA states already had reserve study requirements in their statutes — those communities are generally better positioned.
| State | Reserve Study Required? | Structural Inspection Required? | Reserve Waiver Allowed? |
|---|---|---|---|
| Florida | Yes — SIRS required | Yes — milestone inspection 25 yrs | No — waiver prohibited (2025+) |
| California | Yes — every 3 years | Yes — SB 326 exterior elements | No — waiver not allowed |
| Nevada | Yes — every 5 years | No — not by statute | No — NRS 116 prohibition |
| Washington | Yes — WUCIOA | No — not by statute | No — waiver not allowed |
| Virginia | Yes — HB 1675 (3+ stories) | Yes — structural study | Limited |
| Texas | No — not required | No — not required | Yes — owners can waive |
| Arizona | No — not required | No — not required | Yes — owners can waive |
| Most others | No — not required | No — not required | Yes — usually allowed |
What Every Condo Board Must Do in 2026
- Florida: complete SIRS if not done; eliminate reserve waivers from 2026 budget immediately
- California: schedule SB 326 exterior inspections if not completed in last 9 years
- Virginia: complete structural reserve study for buildings 3+ stories
- All states: adopt a current reserve study from a qualified reserve study professional
- Review your reserve fund balance against the reserve study's recommended target
- If underfunded: begin a multi-year catch-up plan and disclose to owners
- At resale: disclose reserve fund status accurately in the resale certificate
Disclaimer: Post-Surfside reserve laws are changing rapidly. This guide reflects 2026 requirements. Consult a licensed attorney in your state and a qualified reserve study professional to ensure compliance.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →