Own a condo in Vero Beach? What the milestone inspection law means for your building and your unit

If you own a condo in Vero Beach, you have probably heard the words "milestone inspection" at a board meeting or in a letter from your association. It sounds technical. It is really a simple idea: once a condo building gets old enough, a licensed professional has to look at its bones.

Florida's milestone inspection law lives in section 553.899 of the Florida Statutes. Here is what it says, in plain English, and what it means for you as an owner.

Which buildings need a milestone inspection

The law covers buildings that are three habitable stories or more and are condominiums or cooperatives, in whole or in part. Age is counted from the building's certificate of occupancy.

It does not cover single-family homes, duplexes, triplexes or four-unit buildings that are three habitable stories or less. So a one- or two-story villa community is generally outside this law, even if it is run by a condo association.

The first inspection is due by December 31 of the year the building turns 30. After that, the inspection repeats every 10 years. Buildings that were already 30 before July 1, 2022 had until December 31, 2024. Buildings that turned 30 between July 1, 2022 and December 31, 2024 had until December 31, 2025.

The law also lets the local building official require the first inspection earlier, at 25 years, based on local conditions such as nearness to salt water. Indian River County's milestone inspection page lists the 30-year starting point and does not mention a 25-year rule. If your building is close to the ocean or the river, it is still worth asking the Building Division which applies to you.

Who handles it in Vero Beach

The Indian River County Building Division serves both the unincorporated county and the City of Vero Beach. That makes it the local office that sends milestone notices and receives the reports for most Vero condo buildings. The county says reports can be sent to the Building Division electronically. The Building Division's phone number is 772-226-1260, and it is open Monday through Friday, 8:30 a.m. to 5 p.m.

When the building official decides a building needs an inspection, the law says the notice goes to the association by certified mail, return receipt requested. The clock starts from there.

Phase one and phase two, explained

Phase one is a visual, hands-off look at the building by a Florida-licensed architect or engineer. They walk the habitable and non-habitable areas and look for signs of trouble with the structure. Phase one must be done within 180 days after the association receives the written notice.

Phase two only happens if phase one finds substantial structural deterioration. It can include testing, sometimes cutting into concrete to see what is underneath. If phase two is needed, a progress report with a timeline is due within 180 days after the phase one report.

The inspector signs and seals a report with a separate summary. Copies go to the association and to the local building official. If repairs are needed after phase two, the law requires local rules that say repairs must begin within 365 days after the building official gets the phase two report. If the association does not show proof that repairs are scheduled or under way, the building official must decide whether the building is unsafe to occupy.

What your association has to tell you

This is the part every owner should know. Within 14 days after the association gets the building official's notice, it must tell unit owners that an inspection is required and when it is due.

Within 45 days after it gets the inspector's report, the association must send each owner a copy of the summary, no matter what the inspector found. It must also post the summary in a conspicuous place on the property. If the association is required to have a website, it must post the full report and summary there too.

Who pays? The law says the association is responsible for the cost of inspecting the parts of the building it must maintain under its governing documents.

What to do as a Vero Beach condo owner

1. Find out when your building got its certificate of occupancy and how many habitable stories it has. Your association manager should know. The Building Division can also help.
2. Ask your board where the building stands: notice received, phase one done, phase two needed or not, and the next 10-year date.
3. Ask for the inspector's summary if you have not received it. Owners are entitled to it within 45 days of the association getting the report.
4. Check your association's website, if it has one, for the full report.
5. Go to the board meeting where the report or any repair plan is discussed. Read the summary before you go and write down your questions.
6. If you are buying a condo, ask the seller or the association for the most recent milestone summary before you sign.

A milestone inspection is not a reason to panic. Phase two is only needed when phase one finds substantial structural deterioration. The point of the law is to catch problems early, while they are smaller and before anyone is at risk. Knowing where your building stands is the best way to plan.