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Bad Hi-Rise Retrofit Legislation Refiled for 2018

Attached please find the recently released HB 1061 by Rep. George Moraitis (R-Ft. Lauderdale), relating to the hi-rise retrofit. Rep. Moraitis sponsored last session’s similar bill, HB 653, that Governor Scott ultimately vetoed.
HB 1061 mirrors the vetoed legislation by:

  1. Clarifying that in no case does any retrofit requirement apply to buildings less than 75 feet in height.
  2. Including engineered life safety systems in the opt-out available by a vote of unit members.
  3. Increasing the opt-out threshold from a majority of voting interest to two-thirds.
  4. Extending the compliance deadlines for those who have not taken an opt-out vote, from 12/31/16 to 12/31/18 for pulling a permit, and from 1/1/20 to 1/1/22 for installation.
  5. Establishing that failure to provide timely notice of the results of an opt-out vote to unit owners does not invalidate an otherwise valid opt-out vote.
  6. Exempting timeshares from the retrofit requirements, which shall otherwise be governed by the timeshare code provisions in s.721.24.
  7. Applying all these same provisions to cooperatives, in addition to condominiums.

Please also note that HB 653 also included numerous other condo provisions unrelated to the hi-rise retrofit issue, where HB 1061 relates solely to hi-rise retrofit.