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Magistrate gives condo owner short timeline to produce engineer's affidavit, recertification report
Summary
Special Magistrate Jose Smith granted a continuance and ordered condo representative Frank Woland to provide an engineer affidavit stating the premises are safe and to file a recertification report within seven days; building department enforcement steps and permit requirements were clarified on the record.
The magistrate granted a short continuance for building recertification cases but required an immediate affidavit from an engineer attesting to the building’s safety and a rapid filing of the recertification report.
The case involved a condominium representative, Frank Woland, who asked for 30 days to file paperwork related to the 30- or 40-year recertification process. The building department told the magistrate it needed an engineer's letter that the premises were safe to occupy before processing recertification and permits. Special Magistrate Jose Smith ordered an affidavit from an engineer "stating that the premises are safe and habitable and that there are no life safety issues," and directed Woland to file the recertification report within seven days, with permit work completed thereafter.
Why this matters: Florida’s recent laws on condominium inspections and recertification have tightened timelines and documentation requirements for multi-unit structures. Municipalities are requiring engineering verification, permits for repairs and timely filings to protect occupants and ensure compliance with building-safety rules.
What the magistrate ordered: Smith set a seven-day deadline to file the recertification report and an affidavit from an engineer confirming no life-safety issues; he allowed 30 days for permit work to proceed and 60 days for repairs to be completed if necessary, subject to the building official’s administrative regulations. "Go ahead and get an affidavit from your engineer, stating that the premises are safe and habitable and that there are no life safety issues ... file the report within 7 days," Smith said.
Inspector and building-department input: The building official clarified the sequence: engineer letter first, fee and report submission, then permits for needed repairs. The magistrate encouraged the building department to monitor progress closely and told Woland that if safety issues required partial or full evacuation the Unsafe Structures Board could be engaged.
Outcome and next steps: The magistrate granted the requested continuance contingent on the engineer affidavit and the recertification filing. If the affidavit and recertification are not received in the required timeframe, the magistrate warned the matter will return to the docket for stricter enforcement and potential fines or further action.
