The recently condemned apartment units in Central Florida due to construction defects have brought the safety concerns highlighted in the Surfside collapse close to home. At Pebble Creek at Lake Mary, 85 apartment units were condemned due to life-threatening deficiencies, and at the Rialto Apartments near Sand Lake Road, nearly 400 residents were evacuated due to structural instability. Thus, with structural concerns emerging locally, Central Florida residents are left with questions about building safety, oversight, and construction defects.
When warning signs appear, communities need a repeatable playbook that prioritizes life-safety while preserving the records and rights that help owners recover the costs of fixing what went wrong when avoidable construction flaws are found to be the cause. Homeowners, associations and commercial property owners should not be left holding the bill for hidden engineering and building mistakes they inherited with a property, which often take years to begin to reveal themselves to the untrained eye.
Below is a practical checklist to identify these issues early and avoid structural integrity risks, and what to do when those issues do manifest themselves.
Investigate the buildings as early as possible: The time to bring a claim for construction defects in Florida is now just seven years from, generally, when construction ostensibly finishes. However, construction is often completed years before an association is “turned over” to non-developer control, or years before an apartment building changes ownership. It is imperative that, as soon as an association or building owner obtains control, professionals (or legal counsel to assist with retaining professionals) are brought in to conduct a thorough review of the buildings and common areas to identify defects and to ensure timely conclusions.
Document and report building changes/conditions and preserve key records: Certain patterns deserve urgent attention. Examples include expanding cracks (in drywall or exteriors), billowing or bulging exteriors, repeated water intrusion or staining around exterior openings (such as windows and doors), concrete spalling, rust, uneven floors, loose railings or stairs, and doors or windows that suddenly stop aligning. Residents should take clear, dated photos and videos, ideally with wide shots and close-ups, and should report concerns in writing. Logs and reports should be centralized, and the same investigators engaged, to identify patterns. Maintenance records, inspection reports, bids, repair contracts, engineering communications, and resident complaints should be catalogued. This documentation helps investigators diagnose causes and helps the community understand its legal options.
Bring in an independent structural engineer when core components are involved: If concerns involve slabs, columns, load-bearing walls, stair systems, the building envelope (e.g., exteriors), or signs of settlement, owners, managers, and boards should retain an independent structural engineer and request written findings with prioritized recommendations. Independence supports credibility with residents, insurers, lenders, and public officials. FEMA’s post-disaster building safety evaluation guidance offers a practical framework for quickly assessing risk and making informed occupancy decisions.” (See FEMA P-2055, Post-disaster Building Safety Evaluation Guidance).
Communicate with residents on a steady, factual cadence: Silence creates confusion. Owners, managers, and boards can reduce anxiety by sharing what is known, what is being evaluated, what residents should do now, and when the next update will be delivered. A consistent cadence, as frequently as practicable, helps residents feel informed and reduces rumors. Keep messages plain-English and action-oriented.
Put safety measures in place, then protect funding and recovery options: If there is a credible risk, restrict access to affected areas immediately and coordinate with local officials as appropriate. Temporary shoring, limited access, or relocation decisions should be guided by qualified investigators and documented carefully. At the same time, owners, managers, and boards should provide timely notice to insurers or potentially culpable parties and preserve evidence before major demolition or permanent repairs. Early coordination helps fund repairs and pursue accountability where warranted.
Many of Florida’s buildings face aging materials, punishing weather, and deferred maintenance that quietly compound until conditions become impossible to ignore and threaten residents’ safety. Acting proactively and early can protect residents, stabilize buildings, and preserve the options needed to make repairs and recover costs. In conclusion, as the time limitations to bring construction claims in Florida continue to shorten, immediate action becomes even more critical.
Keegan A. Berry is a partner in Ball Janik LLP’s Construction Practice Group. He is based in Orlando.