STRUCTURAL DESIGN DEFECTS AT SURFSIDE?
RECENT DEVELOPMENTS IN THE SURFSIDE INVESTIGATION POINT TO THE CRITICAL IMPORTANCE FOR OWNER-CONTROLLED ASSOCIATIONS TO COMMISSION TURNOVER ENGINEERING STUDIES
On June 16, 2023, a number of news outlets reported that preliminary investigative reports of the Surfside condominium collapse have identified a latent structural design flaw at the building's elevated pool deck.According to the lead federal investigator, the design plan for the pool deck "fell well short of the applicable building code."More to the point, the investigator added that "from the beginning, the original structural design provided low margins of safety."
If this preliminary conclusion turns out to be validated, it will stunningly highlight a common misperception among condominium boards of directors who are coming out of turnover from developer control.That stunning misperception is that a certificate of occupancy is tantamount to conclusive proof that a condominium is free from life-threatening latent defects.This is certainly not a knock on local building inspectors, but it does shine a spotlight on a prudent decision frequently overlooked by new owner-controlled boards, namely the independent commissioning of a post-turnover engineering assessment of building conditions.
One must wonder whether a post-turnover engineering assessment would have prevented the horrible tragedy at Surfside.We'll never know.However, a thorough engineering assessment may have averted a disaster, and that is the point for future condo associations to consider.No doubt such engineering inspections are expensive.But the expense is a small price to pay to avert tragedy.Furthermore, when performed under the guidance and assistance of competent construction attorneys, those engineering studies can pave the way for recovering the costs of correcting any discovered defects from the developer, architects, engineers and contractors who constructed the building.
Notwithstanding the tragic example of Surfside, the Florida legislature recently caved to developer interests and substantially shortened the time for condominiums and other community associations to make claims against developers, designers and contractors for latent, undiscovered defects, from 10 years to 7 years.This seems to be at complete odds with the lessons coming out of the Surfside investigation.Nevertheless, it underscores the idea that prudent owner-controlled boards would do well to act quickly in having their buildings evaluated for hidden time-bombs and establishing a baseline for proper maintenance of those buildings over their life expectancy.
