MIAMI REALTORS®

Local Recertification Programs

State milestone inspections are enforced by local government building departments.  Some of these departments have adopted more stringent requirements.  For example, Miami-Dade and Broward Counties have lowered the threshold for initial inspection to 25 years in certain areas.  Additionally, these two departments require all condominium buildings – not just those three or more habitable stories – to undergo a building recertification.

While milestone inspections are mandated by state statute and recertifications by local ordinance, the two processes are nearly identical in practice and often referred to interchangeably.  This overlap has created confusion for agents when completing the Florida REALTORS® condominium forms, particularly when determining how to disclose the inspection status.

Disclosure Requirement – Johnson v. Davis

Under Florida Supreme Court case law (Johnson v. Davis, 480 So. 2d 625 (Fla. 1985)), residential sellers must disclose any known facts materially affecting the value of the property that are not readily observable and not known to the buyer.

  • If a local recertification identifies issues, the seller must disclose them to the buyer—even if no state milestone inspection is required.
  • While the legal duty is on the seller, licensees should ensure the seller’s disclosures are accurately conveyed to buyers.

Completing the Condominium Rider

Florida REALTORS® provides a Condominium Rider in Form Simplicity (CR-7_A. Condominium Rider).

Under Section 9(a) of Florida REALTORS® Condominium Rider in Form Simplicity, three options are provided:

(a) MILESTONE INSPECTION: The Association (check only one option):

☐ (i) is required to and has completed a milestone inspection report as described in Section 553.899, F.S. (SEE PARAGRAPH 10(d) BELOW FOR VOIDABILITY RIGHTS); or
☐ (ii) IS NOT REQUIRED TO HAVE COMPLETED A MILESTONE INSPECTION REPORT AS DESCRIBED IN SECTION 553.899, F.S.; or
☐ (iii) IS REQUIRED TO HAVE COMPLETED A MILESTONE INSPECTION REPORT AS DESCRIBED IN SECTION 553.899, F.S. BUT HAS NOT COMPLETED SUCH INSPECTION.

MIAMI REALTORS® NOTE: Condominium buildings with less than three habitable stories do not require a milestone inspection under state law (Option ii may be checked).  However, if your local government requires a recertification, that report still needs to be disclosed.

Tip for Sellers: Always confirm with your association or property manager whether your building meets the 3+ story and age requirements under state law, and whether your local government requires a separate recertification.

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