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Indian River Shores council adopts first reading to comply with new state condominium inspection law

May 24, 2025 | Town of Indian River Shores, Indian River County, Florida


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Indian River Shores council adopts first reading to comply with new state condominium inspection law
The Town of Indian River Shores Town Council voted unanimously on first reading May 22 to adopt Ordinance 579, a local implementing ordinance that would require milestone structural inspections for condominium and cooperative buildings if the state law (HB 913) takes effect.

The ordinance is intended to implement a state statutory requirement with an effective date of July 1, according to town staff. Mayor Foley described the state requirement as an "unfunded mandate" that would obligate local building departments to administer inspection and compliance duties without additional state funding.

Town Building Official Mr. Held told the council that two condominium associations have submitted phase 2 milestone inspection reports to the town, and that 46 buildings in Indian River Shores exceed three stories and therefore fall under the condominium statute's size threshold. Mr. Held said the two reports did not indicate life-safety failures but that the professional engineers who performed the inspections "felt that there's substantial evidence that they need to go ahead and fix the issues that exist."

Council members debated the administrative burden the statute could impose. "We need to be prepared to do this just for compliance," Mayor Foley said, while adding concern that successive legislative changes could add further workload without funding. Councilmember Atwater noted the statute's change from permissive to mandatory language and asked staff about the bill's current status.

Town Attorney Sweeney summarized the legal mechanics: the ordinance is drafted to take effect only if the governor signs HB 913 into law; if the governor does not sign it before the town's second reading, the council can omit adoption. "This is based on the statute becoming effective, but it also says the saving language subject to the governor signing HB 913 into law," Sweeney said.

The council approved the ordinance on first reading by roll call vote. If HB 913 is signed and becomes effective, the ordinance would require the town's building department to track milestone inspections for qualifying condominiums and cooperatives and to verify that associations undertake required repairs. Council members emphasized that, because most local condominiums do not currently show structural integrity issues, the town does not expect an immediate heavy administrative load but warned the situation could change if additional requirements are layered on.

The town will return the measure for a second reading if and when the enabling state statute is enacted and presented to the governor.

For now, the council's action was procedural: a first reading to ensure local code is in place if the state law takes effect.

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