Academy/Inspections & Building Safety
Mandatory inspection programs
Know which laws actually require an inspection, and what to do if none apply to you.
A handful of places have a named mandatory inspection statute: Florida statewide, California for balconies and similar elevated structures, New York City for facades, and Miami-Dade County for recertification. Most jurisdictions have no such law, but the duty to maintain common elements is itself state law in many places, so an inspection program is rarely optional even where no inspection-specific statute exists.
Four programs, not fifty
This course found four inspection programs that carry the force of law by name: Florida's statewide milestone inspection statute, California's law for exterior elevated elements such as balconies and stairways, New York City's Facade Inspection Safety Program, and Miami-Dade County's building recertification program. Each sets its own trigger and its own inspector qualification, and none of them reaches every building type.
Florida's law, for example, only applies to a specific kind of building.
"building that is three habitable stories or more in height as determined by the Florida Building Code and that is subject, in whole or in part, to the condominium or cooperative form of ownership"
Source: Florida Statute 553.899, The Florida Senate
California's balcony law reaches only load-bearing elevated structures, inspected by a licensed structural engineer or architect, never a general contractor's walkthrough. New York City's program applies only to buildings taller than six stories. Miami-Dade's recertification cycle depends on when the building was built and how close it sits to the coast. If your building does not match one of these four descriptions, none of these four laws apply to it, though something else still might.
No named law does not mean no duty
Most states have no statewide recertification statute, and no other city has a facade program like New York's. Check your state's community association statute, your county building department, and your local fire code before assuming nothing applies to your building.
Even where no inspection-specific statute exists, the board's underlying duty to maintain the common area is itself state law in many places. California's statute puts it plainly.
"[T]he association is responsible for repairing, replacing, and maintaining the common area, other than exclusive use common area"
Source: California Civil Code 4775, California Legislative Information
Nevada's version of the same uniform law imposes an equivalent maintenance duty on the association, which suggests this is a widely shared baseline, not a California quirk. An inspection program is how a board discharges that duty, whether or not a statute ever uses the word "inspection."
What a missed deadline actually triggers
Skipping a required inspection is not simply a paperwork lapse. In Miami-Dade County, a missed recertification deadline sends the property to the county's Unsafe Structures Section and opens a formal code enforcement case, which can include posting the building unsafe or ordering repairs on a timeline the board does not control. A finding of "unsafe" does not automatically mean the building comes down.
"All conditions causing such structures to be classified as unsafe shall be remedied or as an alternative to correcting such conditions, the structure may be vacated and secured against public entry or razed and removed."
Source: Virginia Maintenance Code, 13VAC5-63-490, Virginia Department of Housing and Community Development
Repair, or vacate and secure, are both recognized outcomes alongside demolition. Which one applies to a given building is a decision for the local code official, not the board, which is one more reason to meet the deadline in the first place.
Check yourself
Answer before you read the explanation, recalling it is what makes it stick.
A five-story condo board in a state with no milestone or recertification law wonders what applies to it. What should the board do?
A Florida board's Phase One milestone inspection finds only cosmetic cracking and no structural deterioration. What happens next?
A Miami-Dade building misses its recertification deadline. What does the county's program do next?
Sources
- Florida Statute 553.899, Building safety inspection and repair (Milestone Inspections), The Florida Senate
- Senate Bill 326, enacting California Civil Code 5551, California Legislative Information
- Title 1 of the Rules of the City of New York, section 103-04, Facade Inspection Safety Program, New York City Department of Buildings
- 40-Year (Building Recertification) Program, Miami-Dade County Regulatory and Economic Resources
- Building Recertification Portal, Miami-Dade County Regulatory and Economic Resources
- Virginia Maintenance Code, 13VAC5-63-490, section 106, Unsafe structures and equipment, Virginia Department of Housing and Community Development
- California Civil Code 4775, California Legislative Information
- Nevada Revised Statutes 116.3107, Upkeep of common-interest community, Nevada Legislature
Inspections & Building Safety
Start with creating an inspection program to turn these rules into a schedule your board can actually follow.
Whether a mandatory inspection law applies to your building, and its exact deadlines and inspector qualifications, varies by state, county, and even by coastal proximity within the same state.