After a Phase 2 report, the repair clock starts: what Florida's 365-day rule means for your condo

Yesterday's Breezeway explained the two phases of a milestone inspection. This one picks up where Phase 2 ends. If the engineer's Phase 2 report finds serious structural trouble, Florida law starts a new clock. Repairs must begin within 365 days.

That sounds like a lot of time. For a condo building, it often is not. A board has to hire design help, get bids, line up money, pull permits and tell owners what is coming. This article explains what the law says, what owners are owed along the way, and what happens if the clock runs out. It is a guide to the law, not legal advice.

What the law says about the 365 days

The milestone law is section 553.899 of the Florida Statutes. Subsection (11) tells every local government to adopt an ordinance. That ordinance must require the association to schedule or start repairs for substantial structural deterioration after the Phase 2 report comes in. The statute says repairs must be commenced "within 365 days after receiving such report."

Notice the word "commenced." The law asks that repairs begin within a year. It does not say they must be finished in a year. Big concrete jobs can take much longer than that. What counts as starting, and which date starts the count, can depend on your local building department. Ask your engineer and the building department to put both answers in writing.

Subsection (10) also lets local building departments set their own timelines and penalties for following the law. So rules can differ from county to county and city to city. Cape Coral's building division, for example, warns on its website that missing inspection or repair deadlines can lead to penalties, including possible liens on the building. Your local rules may be different.

What happens if repairs don't start

If the association does not show the building department proof that repairs have been scheduled or started in time, the law is direct. The local enforcement agency "must review and determine if the building is unsafe for human occupancy."

That is the step every owner should understand. Missing the deadline does not just mean paperwork. It puts the building's safety review in the hands of the building official. The statute does not spell out what follows an unsafe finding. That depends on local rules and the building code.

What owners are owed after a Phase 2 report

The engineer or architect must send the association and the building official a sealed copy of the report, plus a separate summary of at least the material findings and recommendations. Then, within 45 days of getting the report, the association must:

• Send the inspector's summary to every unit owner, no matter what the report found.
• Post a copy of the summary in a conspicuous place on the condo property.
• Publish the full report and the summary on the association's website, if the association is required to have one.

The report itself must say whether the engineer saw unsafe or dangerous conditions, identify any substantial structural deterioration and how far it goes, and recommend repairs. That list of recommended repairs is the starting point for the 365-day clock.

How many buildings are in this stage?

A July 2026 report from OPPAGA, the Florida Legislature's research office, looked at milestone data local building officials sent to the state. They reported 1,575 completed Phase 2 inspections in 2024 and 2025 combined. They also reported 903 permit applications for repairs found in Phase 2 inspections. Not every building department sent data, so the real numbers may be higher.

What to do

If you are a unit owner:

• Read the Phase 2 summary when it arrives. Look first for two things: whether unsafe or dangerous conditions were seen, and the list of recommended repairs.
• If your board has the report and you haven't seen a summary, ask in writing when it was received. The 45-day window runs from that date.
• Ask the board, at an open meeting, for the date the repair clock started and the plan to begin work before it ends.
• Expect money questions to follow. Repairs may be paid through reserves, a special assessment or a loan. Ask how and when owners will be told.

If you are on the board:

• Write down the date the Phase 2 report was received, and confirm with the building department which date it uses to count the 365 days.
• Ask the engineer and the building department what they will accept as proof that repairs have been scheduled or started.
• Check your city or county's milestone page for its own forms, timelines and penalties.
• Talk with the association attorney early about contracts, funding votes and owner notices, so the money question doesn't eat the calendar.
• Keep owners informed in writing. A clear timeline lowers the temperature in the room.

Questions about your rights as an owner can also go to the Department of Business and Professional Regulation's Division of Florida Condominiums, Timeshares, and Mobile Homes, or the state's Condominium Ombudsman.