LTC 208-2023 CITY OF HALLANDALE RESOLUTION NO. 2023-040 AND 2023-041M IA M I B E A C H
OFFICE OF THE CITY CLERK
No. 208-2023 LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Rafael E. Granado, City Clerk ~
DATE: May 4, 2023
SUBJECT: CITY OF HALLANDALE RESOLUTION NO. 2023-040 AND 2023-041
Attached for your information are Resolutions No. 2023-040 and 2023-041 adopted by the Mayor
and City Commission of City of Hallandale on May 3, 2023.
Resolution No. 2023-040:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE
BEACH, FLORIDA, ENTREATING THE BROWARD COUNTY COMMISSION TO EXPLORE
THE FEASIBILITY OF CREATING A SPECIAL ASSESSMENTS LOW INTEREST LOAN
PROGRAM IN COLLABORATION WITH LENDING AND FINANCIAL INSTITUTIONS TO
PROVIDE FINANCIAL ASSISTANCE TO CONDOMINIUM ASSOCIATIONS AND
CONDOMINIUM OWNERS THAT ARE IN NEED OF SUCH ASSISTANCE AND FOUND TO BE
IN NEED OF EMERGENCY STRUCTURAL REPAIRS AT THE TIME OF THEIR 30-YEAR
RECERTIFICATION INSPECTION OR AN EQUIVALENT RECERTIFICATION PROCESS
AND/OR IN ACCORDANCE WITH FLORIDA SENATE BILL 154 AND HOUSE BILL 1395, AND
SUBSEQUENT RECERTIFICATION PROCESSES, AND TO IDENTIFY ADDITIONAL
FUNDING SOURCES; AND PROVIDING AN EFFECTIVE DATE.
Resolution 2023-041:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF HALLANDALE
BEACH, FLORIDA, ENTREATING THE FLORIDA LEGISLATURE TO EXPLORE THE
FEASIBILITY OF CREATING A SPECIAL ASSESSMENT LOW INTEREST LOAN PROGRAM
IN COLLABORATION WITH LENDING AND FINANCIAL INSTITUTIONS TO PROVIDE
FINANCIAL ASSISTANCE TO CONDOMINIUM ASSOCIATIONS AND CONDOMINIUM
OWNERS LIVING IN THEIR CONDOS FULL-TIME THAT ARE IN NEED OF SUCH
ASSISTANCE AND FOUND TO BE IN NEED OF EMERGENCY STRUCTURAL REPAIRS AT
THE TIME OF THEIR 30-YEAR RECERTIFICATION INSPECTION OR AN EQUIVALENT
RECERTIFICATION PROCESS AND/OR IN ACCORDANCE WITH FLORIDA SENATE BILL
154 AND HOUSE BILL 1395, AND SUBSEQUENT RECERTIFICATION PROCESSES, AND TO
IDENTIFY ADDITIONAL FUNDING SOURCES; AND PROVIDING AN EFFECTIVE DATE.
The City of Hallandale Clerk has requested that a copy of these Resolutions be provided to the
Miami Beach Mayor, Commissioners, and the City Manager.
If you have any questions, please contact the Office of the City Clerk at 305.673. 7 411.
REG/le
Attachment
F:\CLER\$ALL\LILIA\LTC's - Transmittal's\Hallandale Beach\Hallandale Beach Resolutions 2023-040 and 2023-041.docx
1
2 RESOLUTION NO. 2023- 040
3
4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION
5 OF THE CITY OF HALLANDALE BEACH, FLORIDA,
6 ENTREATING THE BROWARD COUNTY COMMISSION TO
7 EXPLORE THE FEASIBILITY OF CREATING A SPECIAL
8 ASSESSMENTS LOW INTEREST LOAN PROGRAM IN
9 COLLABORATION WITH LENDING AND FINANCIAL
10 INSTITUTIONS TO PROVIDE FINANCIAL ASSISTANCE TO
11 CONDOMINIUM ASSOCIATIONS AND CONDOMINIUM
12 OWNERS THAT ARE IN NEED OF SUCH ASSISTANCE AND
13 FOUND TO BE IN NEED OF EMERGENCY STRUCTURAL
14 REPAIRS AT THE TIME OF THEIR 30-YEAR
15 RECERTIFICATION INSPECTION OR AN EQUIVALENT
16 RECERTIFICATION PROCESS ANDIOR IN ACCORDANCE
17 WITH FLORIDA SENATE BILL 154 AND HOUSE BILL 1395,
18 AND SUBSEQUENT RECERTIFICATION PROCESSES, AND
19 TO IDENTIFY ADDITIONAL FUNDING SOURCES; AND
20 PROVIDING AN EFFECTIVE DATE.
21
22 WHEREAS, the City of Hallandale Beach, Florida is densely populated with several
23 hundred condominium and homeowner associations; and
24
25 WHEREAS, the City of Hallandale Beach Commission believes that it has an
26 obligation to protect the health, safety, and welfare of its residents; and
27
28 WHEREAS, working in unison, Senate Bill 154 and House Bill 1395 seek to clarify
29 and expand the condominium-related legislation the Florida Legislature adopted during the
30 2022 Special Session as Senate Bill 4-D; and
31
32 WHEREAS, the Florida Senate and House bills have each already passed through
33 two committee stops with the unanimous support of Republicans and Democrats alike;
34
35 WHEREAS, the Florida House of Representatives' staff analysis for HB 1395 also
36 addresses the origins of SB 4-D: "On June 24, 2021, Champlain Towers South, a 12-story
37 beachfront condominium building in the town of Surfside, partially collapsed resulting in the
38 tragic death of 98 people. In response, during Special Session, 2022, SB 4-0 was enacted
39 to provide building safety inspection requirements (milestone inspections) and reserve
40 requirements (structural integrity reserve study) for condominium and cooperative
41 association buildings; and
42
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43 WHEREAS, as of April 24, 2023, SB 154 and HB 1395 proposed mandatory
44 inspection timelines for condo buildings that are at least three stories tall and 30 years old
45 or older, with additional inspections required every 10 years after that. According to the
46 Florida House staff analysis of HB 1395, there are currently more than 2 million Floridians
47 occupying condo buildings that are 30 years old or older; and
48
49 WHEREAS, according to SB 154, "If a building reaches 30 years of age before
50 December 31, 2024, the building's initial milestone inspection must be performed before
51 December 31, 2024;" and
52
53 WHEREAS, the new legislation would delete from the 2022 legislation the 25-year
54 milestone inspection requirement for buildings located within three miles of the coastline.
55 Regardless of coastline proximity, all qualifying condo buildings would be subjected to the
56 30-year inspection requirements; and
57
58 WHEREAS, the term "milestone inspection" refers to a structural inspection of a
59 condo building and its load-bearing elements, walls and primary structural systems. To be
60 conducted by a licensed architect or engineer, the milestone inspection is to determine the
61 general structural condition of the building as it pertains to safety and to identify any
62 maintenance, repair or replacement needed for those structural components; and
63
64 WHEREAS, as of April 24, 2023, SB 154 and HB 1395 would also require impacted
65 condo associations and condo owners to create and set aside reserve funds for structural
66 inspection studies and for any needed structural repairs or maintenance activities which
67 would include roof replacements and exterior painting. Condominium owners are currently
68 allowed to waive state-imposed reserve requirements; and
69
70 WHEREAS, after Dec. 31, 2024, condominium owners can no longer vote to waive
71 the reserves on structural integrity items; and
72
73 WHEREAS, relief for condominium owners, especially those living on fixed incomes,
74 is needed to ensure economically vulnerable seniors and those earning less than the
75 median income level, do not experience housing insecurity;
76
77 WHEREAS, as of 2022 and in accordance with Miami-Dade County Code and
78 certain municipal codes, with certain exceptions, buildings in unincorporated and
79 incorporated areas in Miami-Dade County that are at least 40 years old must be recertified
80 to ensure their structural and electrical safety, and after the initial 40-year recertification,
81 such buildings must be recertified every ten years thereafter; and
82
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83 WHEREAS, Miami-Dade County launched a program that will issue loans of up to
84 $50,000 to residents who live in their condos full-time. The loans are specifically for
85 assessments levied to pay for building repairs and rehabilitation; and
86
87 WHEREAS, the Miami-Dade County Special Assessments program targets condo
88 owners who earn no more than 140 percent of the area median income. This means a
89 maximum annual income of $95,610 for a one-person household, $109,200 for a two-
90 person household, and $122,920 for a three-person household. These loans will have 40-
91 year terms, during which economically vulnerable families will be responsible to make $50
92 monthly payments and the remaining balance at the loan's maturity; and
93
94 WHEREAS, Miami-Dade County recertification inspections must be performed by
95 licensed architects or engineers, who look at many aspects of each building's structure and
96 electrical systems, including foundation, roofing systems, masonry bearing walls, steel
97 frames, flooring, concrete framing systems, windows, wood framing, loading, electrical
98 service, branch circuits, conduit raceways, and emergency lighting; and
99
100 WHEREAS, on November 16, 2021, the Miami-Dade County Office of the
101 Commission Auditor completed a report entitled, "Research on Condominium Emergency
102 Repair Funding" (the "report") that provides an overview of jurisdictions across the United
103 States that have provided funding for condominium associations for emergency structural
104 repairs. The report found that the State of Minnesota has a program specifically designed to
105 provide direct financial assistance to condominium associations for emergency repairs; and
106
107 WH EREA S, the Minnesota program has provided funding to several condominium
108 associations that have undertaken structural repairs including the replacement or repair of
109 windows, doors, balconies, stairways, electrical systems, parking garages, ventilation, water
110 lines, roofs, and emergency generators; and
111
112 WHERE A S, this Commission desires that the Broward County Commission identify
113 an eligible funding source or funding sources, including those that are specifically for
114 housing, that can be utilized to create a low interest loan program for condominium
115 associations and/or economically vulnerable condominium owners living in their condos full-
116 time that are found to be in need of emergency structural repairs at the time of their 30-year
117 recertification inspection and which do not have the funds necessary to make such repairs;
118 and
119
120 WH ERE AS, this Commission recognizes that although the County has limited
121 resources, such resources should be used to assist condominium associations; and
122
123 WH EREAS, this Commission believes that the County should collaborate with
124 lending and financial institutions, such as Wells Fargo, Bank of America, TD Bank, Dade
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File No. 23-159
125 and/or Broward County Federal Credit Unions, and PNC Bank, for example, to provide
126 financial assistance to condom inium associations that would not otherwise qualify for
127 County assistance; and
128
129 WHEREAS, these and other lending and financial institutions have dem onstrated
130 their com m itm ent to im proving m any com m unities through their com m unity benefits
131 pr o gra m s; and
132
133 WHEREAS, these and other lending and financial institutions have an im port ant role
134 to play in our com m unities, and part nerships w ith the C ounty help ensure they fulfill that role
135 for every one,
136
137 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMISSION OF THE
138 CITY OF HALLANDALE BEACH, FLORIDA:
139
140 Section 1. T he foregoing "W hereas" clauses are incorporated herein.
141
142 Section 2. Th e M ayor and C om m ission of the City of Hallandale B each strongly
143 im plore the Brow ard C ounty C om m ission to create a low interest loan S pecial A ssessm ents
144 Program and/or explore the feasibili ty of providing loans directly to condom inium unit
145 ow ners living in their condos full-tim e fo r the purpose set fo rt h herein: (1) located in Brow ard
146 C ounty; (2) fo und to be in need of em ergency structural repairs at the tim e of their 30-year
147 recert ification inspection or an equivalent recert ification process, and subsequent
148 recert ification processes; and (3) do not have the funds necessary to m ake such repairs.
149 T his C om m ission furt her encourages the County C om m ission to collaborate w ith lending
150 and financial institutions in creating funding relief to condom inium associations and/or at-
151 risk condom inium ow ners.
152
153 Section 3. T he City Clerk is hereby instructed to distribute this resolution to
154 associations know n to the C ity and to other individuals and representatives, as appropriate,
155 including C ity Clerks of other m unicipalities, the Brow ard C ounty C om m ission and
156 A dm inistration, the Florida League of Cities and the Brow ard D elegation.
157
158 SECTION 4. Effective Date. T his R esolution shall take effect im m ediately upon its
159 passage and adoption.
160
16 1 AP P R O V ED AN D AD O PTE D this 3" day of M ay, 2023.
162
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164
165
166
167
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File No. 23-159
168 SPONSORED BY: VICE MAYOR ANABELLE LIMA-TAUB
169 ATTEST:
170
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172
173
174
175
176
177 APPROVED AS TO LEGAL SUFFICIENCY
178 AND FO M
179
180
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182
183
184
185
186
187
188
FINAL VOTE ON ADOPTION
Mayor Cooper
Vice Mayor Lima-Taub
Commissioner Adams
Commissioner Butler
Commissioner Lazarow
Yes
Yes
Yes
Yes
Yes
189
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File No. 23-159
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 WHEREAS, the City of Hallandale Beach, Florida, is densely populated with several
23 hundred condominium and homeowner associations; and
RESOLUTION NO. 2023- 041
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF HALLANDALE BEACH, FLORIDA,
ENTREATING THE FLORIDA LEGISLATURE TO EXPLORE
THE FEASIBILITY OF CREATING A SPECIAL ASSESSMENT
LOW INTEREST LOAN PROGRAM IN COLLABORATION
WITH LENDING AND FINANCIAL INSTITUTIONS TO
PROVIDE FINANCIAL ASSISTANCE TO CONDOMINIUM
ASSOCIATIONS AND CONDOMINIUM OWNERS LIVING IN
THEIR CONDOS FULL-TIME THAT ARE IN NEED OF SUCH
ASSISTANCE AND FOUND TO BE IN NEED OF
EMERGENCY STRUCTURAL REPAIRS AT THE TIME OF
THEIR 30-YEAR RECERTIFICATION INSPECTION OR AN
EQUIVALENT RECERTIFICATION PROCESS AND/OR IN
ACCORDANCE WITH FLORIDA SENATE BILL 154 AND
HOUSE BILL 1395, AND SUBSEQUENT RECERTIFICATION
PROCESSES, AND TO IDENTIFY ADDITIONAL FUNDING
SOURCES; AND PROVIDING AN EFFECTIVE DATE.
24
25 WHEREAS, the City of Hallandale Beach Commission believes that it has an
26 obligation to protect the health, safety, and welfare of its residents; and
27
28 WHEREAS, the City of Hallandale Beach Commission supports Counties and State
29 efforts to help find alternative funding sources for condo owners who cannot afford
30 significant assessments; and
31
32 WHEREAS, working in unison, Senate Bill 154 and House Bill 1395 seek to clarify
33 and expand the condominium-related legislation the Florida Legislature adopted during the
I
34 2022 Special Session as Senate Bill 4-D; and
35
36 WHEREAS, the Florida Senate and House bills have each already passed through
37 two committee stops with the unanimous support of Republicans and Democrats alike;
38
39 WHEREAS, the Florida House of Representatives' staff analysis for HB 1395 also
40 addresses the origins of SB 4-D: "On June 24, 2021, Champlain Towers South, a 12-story
41 beachfront condominium building in the town of Surfside, partially collapsed resulting in the
42 tragic death of 98 people. In response, during Special Session, 2022, SB 4-D was enacted
Page 1 of 5
File No. 23-155
4 3 to pro vid e bu ild in g sa fe ty in sp e ctio n re q u ire m e n ts (m ile sto n e in sp e ctio n s) a n d re se rv e
44 re q u ire m e nts (structu ra l inte g rity rese rv e stud y) fo r co n d o m in iu m a n d co o p e ra tiv e
4 5 asso ci a tio n bu ild in g s; a n d
4 6
4 7 WHEREAS, as of April 24, 2023, SB 154 and HB 1395 proposed mandatory
48 inspection timelines for condo buildings that are at least three stories tall and 30 years old
49 or older, with additional inspections required every 10 years after that. According to the
50 Florida House staff analysis of HB 1395, there are currently more than 2 million Floridians
51 occupying condo buildings that are 30 years old or older; and
52
53 WHEREAS, according to SB 154, "If a building reaches 30 years of age before
54 December 31, 2024, the building's initial milestone inspection must be performed before
55 December 31, 2024;" and
56
57 WHEREAS, the new legislation would delete from the 2022 legislation the 25-year
58 milestone inspection requirement for buildings located within three miles of the coastline.
59 Regardless of coastline proximity, all qualifying condo buildings would be subjected to the
60 30-year inspection requirements; and
61
62 WHEREAS, the term "milestone inspection" refers to a structural inspection of a
63 condo building and its load-bearing elements, walls and primary structural systems. To be
64 conducted by a licensed architect or engineer, the milestone inspection is to determine the
65 general structural condition of the building as it pertains to safety and to identify any
66 maintenance, repair or replacement needed for those structural components; and
67
68 WHEREAS, as of April 24, 2023, SB 154 and HB 1395 would also require impacted
69 condo associations and condo owners to create and set aside reserve funds for structural
70 inspection studies and for any needed structural repairs or maintenance activities which
71 would include roof replacements and exterior painting. Condominium owners are currently
72 allowed to waive state-imposed reserve requirements; and
73
74 WHEREAS, after Dec. 31, 2024, condominium owners can no longer vote to waive
75 the reserves on structural integrity items; and
76
77 WHEREAS, relief for condominium owners, especially those living on fixed incomes,
78 is needed to ensure economically vulnerable seniors and those earning less than the
79 median income level, do not experience housing insecurity;
80
81 WHEREAS, as of 2022 and in accordance with Miami-Dade County Code and
82 certain municipal codes, with certain exceptions, buildings in unincorporated and
83 incorporated areas in Miami-Dade County that are at least 40 years old must be recertified
Page 2 of 5
File No. 23-155
84 to ensure their structural and electrical safety, and after the initial 40-year recertification,
85 such buildings must be recertified every ten years thereafter; and
86
87 WHEREAS, Miami-Dade County launched a program that will issue loans of up to
88 $50,000 to residents who live in their condos full-time. The loans are specifically for
89 assessments levied to pay for building repairs and rehabilitation; and
90
91 WHEREAS, the Miami-Dade County Special Assessments program targets condo
92 owners who earn no more than 140 percent of the area median income. This means a
93 maximum annual income of $95,610 for a one-person household, $109,200 for a two-
94 person household, and $122,920 for a three-person household. These loans will have 40-
95 year term s, during w hich economically vulnerable families will be responsible to make $50
96 monthly payments and the remaining balance at the loan's maturity; and
97
98 WHEREAS, Miami-Dade County recertification inspections must be performed by
99 licensed architects or engineers, who look at many aspects of each building's structure and
100 electrical systems, including foundation, roofing systems, masonry bearing walls, steel
101 frames, flooring, concrete framing systems, windows, wood framing, loading, electrical
102 serv ice, branch circuits, conduit raceways, and emergency lighting; and
103
104 WHEREAS, on November 16, 2021, the Miami-Dade County Office of the
105 Com m ission A uditor com pleted a report entitled, "Research on Condominium Emergency
106 R epair Funding" (th e "re port") th at provides an overv iew of jurisdictions across the United
107 State s that have provided funding for condom inium associations for emergency structural
108 repairs. The report found that the State of Minnesota has a program specifically designed to
109 provide direct financial assistance to condom inium associations fo r em ergency repairs; and
110
111 WH E R EA S, the M innesota program has provided funding to several condominium
112 associations that have undertaken structural repairs including the replacement or repair of
113 windows, doors, balconies, stairways, electrical systems, parking garages, ventilation, water
114 lines, roofs, and emergency generators; and
115
116 WH E RE A S, this C om m ission desires that the Florida State Legislature identify an
117 eligi ble funding source or funding sources, including those that are specifically fo r housing,
118 that can be utilized to create a low interest loan program for condominium associations
119 and/or econom ically vulnerable condom inium ow ners living in their condos full-tim e that are
120 found to be in need of em ergency structural repairs at the tim e of th ei r 30-year
121 recert ification inspection and w hich do not have the funds necessary to m ake such repairs;
122 and
123
124 WH ER E A S, Florida T axW atch reported the largest projected General Revenue (GR)
125 budget surplus ever w ith a fo recast of $13.5 billion for the budget of FY 2023-24. The
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File No. 23-155
126 surp lus grows to $14.6 billion FY 2024-25 and $15.5 billion in FY 2025-26. This
127 Commission supports a portion of this surplus as a possible funding resource to be used to
128 assist condominium associations and/or economically vulnerable condominium owners
129 living in their condos full-time; and
130
131 WHEREAS, this Commission believes that the State should collaborate with lending
132 and financial institutions to provide financial assistance to condominium associations that
133 would not otherwise qualify for County assistance; and
134
135 WHEREAS, these and other lending and financial institutions have demonstrated
136 their commitment to improving many communities through their community benefits
137 programs; and
138
139 WHEREAS, these and other lending and financial institutions have an important role
140 to play in our communities, and partnerships with Counties throughout Florida and the State
141 to help ensure they fulfill that role for everyone.
142
143 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMISSION OF THE
144 CITY OF HALLANDALE BEACH, FLORIDA:
145
146 Section 1. The foregoing "Whereas" clauses are incorporated herein.
147
148 Section 2. The Mayor and Commission of the City of Hallandale Beach strongly implore the
149 State of Florida Legislature to create a low interest loan Special Assessments Program
150 and/or explore the feasibility of providing loans directly to condominium unit owners living in
151 their condos full-time for the purpose set forth herein: (1) located in coastal cities; (2) found
152 to be in need of emergency structural repairs at the time of their 30-year recertification
153 inspection or an equivalent recertification process, and subsequent recertification
154 processes; and (3) do not have the funds necessary to make such repairs. This
155 Commission further encourages the Florida State Legislature to collaborate with lending
156 and financial institutions in creating funding relief to condominium associations and/or at-
157 risk condominium owners.
158
159 Section 3. The City Clerk is hereby instructed to distribute this resolution to associations
160 known to the City and to other individuals and representatives, as appropriate, including
161 City Clerks of other municipalities, Florida Office of Senate President Renner, Florida House
162 of Representatives Speaker-designate Daniel Perez, Florida House Representative Vicki
163 Lopez, Florida Senator Jennifer Bradley, the Florida Office of Senate President, the Florida
164 Legislature, the Florida League of Cities and the Broward League of Cities.
165
166 SECTION 4. Effective Date. This Resolution shall take effect immediately upon its passage
167 and adoption.
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168 AP P RO VE D AND ADO PTE D this 3" day of May, 2023.
169
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173
174
175 SPO NS OR E D BY : V ICE MA YO R ANA BELLE LIM A-TAUB
176 ATTE ST:
177
178
179
180 JENO RG E N
181 CI T Y CLE R K
182
183
184 AP P RO V E D AS TO LE G AL SUFFIC IE NCY
185 AND FO R M
186
187
188
189
190 J
191 NE Y
192
193
194
195
FINAL VOTE ON ADOPTION
Mayor Cooper
Vice Mayor Lima-Taub
Commissioner Adams
Commissioner Butler
Commissioner Lazarow
Yes
Yes
Yes
Yes
Yes
196
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