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Compliance May 8, 2026 3 min read

Post-Surfside SIRS checklist: what every Florida listing agent needs in the file before listing a 30+ year condo

DRAFT — sample edition. Replace with real reporting before public launch.

The post-Surfside reforms (SB 4-D, SB 154, and subsequent amendments) reshaped condo and cooperative buyer due diligence in Florida. Three years in, the deals that fall apart at the closing table aren't falling apart because of the SIRS itself — they're falling apart because the SIRS, the Milestone Inspection report, and the post-SIRS reserve funding plan aren't in the listing file when the offer comes in.

This week's Brief is a working checklist for listing agents handling any unit in a building 30+ years old (25+ within three miles of coast).

The two reports that must exist

For any unit you list in a building three stories or more:

  1. Milestone Inspection report — required at building age 30 (25 if within three miles of coast). Phase 1 is the visual; Phase 2 (if recommended) is the destructive/load testing. The Phase 1 sealed report is a public record once filed with the local building official.

  2. Structural Integrity Reserve Study (SIRS) — must be performed every 10 years for residential condos and cooperatives, three or more stories. The SIRS scopes ten itemized building components (roof, structural, fireproofing, plumbing, electrical, waterproofing, windows, etc.) and assigns each a remaining useful life and replacement cost. The findings drive the association's reserve funding requirement.

What the listing file should contain

Before MLS goes live, the following should be in the seller's hands and ready to share with any buyer agent:

  • Last completed Milestone Inspection (Phase 1) report, sealed by Florida-licensed engineer or architect
  • Phase 2 report if Phase 1 recommended one
  • Most recent Structural Integrity Reserve Study (SIRS)
  • Association's current reserve funding plan showing how it intends to fund the SIRS-identified components
  • Most recent two years of association financials (income, expense, balance sheet)
  • Most recent reserve study disclosure (separate from SIRS — required under §718.504)
  • Pending special assessments, including amount, schedule, and what they fund
  • Any open insurance claims at the association level
  • HO-6 quote estimates for the unit (insurance affordability is now a top deal-killer)
  • Frequently-Asked-Questions and Answers Sheet required by §718.504(4)
  • Governance documents: declaration, bylaws, rules and regulations, articles of incorporation

If any of those are missing, get them ordered the day you sign the listing — not the day the buyer asks. The 14-day rescission window for condo buyers (§718.503) starts running when the buyer receives the documents, so missing items extend the rescission window indefinitely until cured.

The two questions buyers' agents will ask first

1. "What's the funded percentage of the SIRS-identified reserves?"

Most buildings are still working toward full funding. The honest answer is rarely 100%. What the buyer agent wants to know is: is the association on a funded plan, or are special assessments imminent? Have the seller's most recent reserve funding resolution ready.

2. "Has the unit owner been assessed any special assessments tied to the SIRS findings?"

If yes, get the assessment documentation before MLS. Buyers under contract can rescind under §718.503 if material assessments are discovered post-disclosure.

What you should NOT do

  • Do not summarize or paraphrase the SIRS in your MLS remarks. Make the documents available; let counsel and the buyer's agent interpret.
  • Do not list the unit at a price that ignores known special assessments. The CMA needs to net out current and assessed-but-unpaid amounts.
  • Do not let the seller represent that the building is "fully reserved" without checking the most recent reserve study and SIRS. Misrepresentation here is a §475.25(1)(b) issue.

When to walk away from a listing

If the building is:

  • Past its Milestone Inspection deadline with no inspection on file, AND
  • The association has no funded plan to comply, AND
  • The unit is being priced as if no assessment is coming

…the listing is going to consume your time and risk your license. Have the courageous conversation up front.

Statutory references

  • Florida Statutes §718 (Condominium Act), particularly §718.501–504
  • Senate Bill 4-D (2022) — Building Safety
  • Senate Bill 154 (2023) — Reserve and Inspection clarifications
  • §61B-22.005 F.A.C. — Reserve study standards

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