Condominiums

Buying a Miami Condo to Renovate: What to Check First

Jorge Castillo DesignCondominiums
Empty oceanfront condominium apartment from an earlier era, with beige ceramic tile floor, cream walls, a dark dated timber kitchen through the opening on the left, an old aluminium framed sliding door onto the water, and a folded floor plan with a set of keys lying on the tile

Buying condo to renovate Miami is really two purchases at once: you are buying an apartment, and you are buying the set of rules that decides what you may do to it. The apartment is the part you can see on a Saturday showing. The rules live in the declaration, the bylaws, the board minutes and the building's construction policy, and most buyers meet them for the first time three weeks after closing, when the design is drawn and the management office says no. This article is the diligence list: what to request, what to read inside each document, what to look at in the unit itself, what to ask the building directly, and which findings should move your offer price or make you walk away.

What you are actually buying: unit, common element, limited common element

In a condominium you own the airspace of your unit and the finishes inside it, as the declaration defines them. Everything else is either a common element owned collectively or a limited common element assigned to your exclusive use. That boundary is not a technicality. It is the line that decides whether a wall is yours to move, whether a terrace is yours to tile, and whether the vertical drain behind your bathroom wall belongs to your unit or to the building.

Florida law reinforces the line. Under Fla. Stat. 718.113(1), maintenance of the common elements is the association's responsibility, except for limited common elements that the declaration assigns to the owner. So the same balcony can be your maintenance obligation in one building and the association's in another, and only the recorded declaration tells you which. Read the boundary language before you read the finishes, because a renovation plan that crosses the boundary is not a design problem, it is an approval problem, and approval problems are the ones that cost months.

Go to the article that defines the unit boundary and read it word for word. Some declarations set the boundary at the unfinished surface of the perimeter walls, floors and ceilings. Others include or exclude specific systems by name. Look for how the document treats the following: interior partitions, plumbing branch lines versus vertical risers, air handler and condensate lines, electrical panels, window and door assemblies, balconies and terraces, and any storage or parking space that comes with the unit.

Then find the alteration article. Many declarations set their own procedure for changes that touch common elements, and Florida law expressly allows the declaration or bylaws to require board approval, which is what makes a design review committee legitimate rather than optional. If the declaration is silent on procedure, Fla. Stat. 718.113(2)(a) applies: a material alteration or substantial addition to the common elements requires approval of seventy five percent of the total voting interests before the work begins. That is a very different project from a plan review by three board members, and you want to know which one you are buying into. Our overview of what you can and cannot renovate in a luxury condo works through the same boundary question from the design side.

The document package to request before you sign

Ask your agent to request the full package in writing, and give the seller and the association enough time to produce it during your inspection period. At a minimum you want the recorded declaration and every recorded amendment, the bylaws and articles, the association's rules and regulations, the alteration or renovation policy, board and membership meeting minutes for the last twelve to twenty four months, the current operating budget, the reserve schedule and current reserve balances, any assessment history and any assessment currently under discussion, the insurance summary, and the status of the building's required inspections.

Read it in that order. The declaration tells you what you own. The rules tell you what the building will let you do to it. The minutes tell you what the building is about to do to itself. The budget and reserves tell you who pays for that. The inspection status tells you when. Skipping any one of the five leaves a hole exactly where the expensive surprises live, and every one of these documents is obtainable before you are contractually committed.

Bylaws, rules and the building's renovation policy

The renovation policy is often a separate document that never appears in a listing. It is the one that governs your calendar and your contractor. Buildings set their own requirements for submission drawings, contractor licensing and insurance certificates, security deposits, work hours, elevator reservations, debris removal, protection of common corridors, and how long the whole thing may run. None of that is state law. It is written by each association, it varies enormously between two towers on the same street, and it is entirely enforceable against you once you own the unit.

Read it for three things. First, whether the building imposes a hard limit on project duration, because a limit shorter than your scope forces a different construction sequence and often a different budget. Second, whether it restricts work during certain months or during high season. Third, whether it requires specific licensed trades or a preferred vendor for anything, since that quietly removes competitive bidding from part of your project. Ask for the current version in writing, and ask whether any amendment to it is pending before the board.

Minutes, budget and the state of reserves

Minutes are the cheapest diligence you will ever do. Read the last two years and look for the recurring subjects: roof, facade, windows, elevators, plumbing risers, garage repair, insurance renewals, litigation, and any discussion of an assessment. A board that has been circling the same water intrusion problem for six meetings is telling you something no unit level inspection report will.

Then read the budget alongside the reserve schedule. You are looking for the gap between what the components will eventually cost and what is actually funded today. A building with a large funding gap sitting next to a big capital item carries a real probability of a special assessment, and that assessment competes directly with your renovation budget for the same money. If the numbers are close, the sequencing question becomes simple: either let the building do its work first, or plan your interior around the possibility that a riser or a window line gets opened after your finishes are in.

The three regulatory fronts, in one sentence each

Three separate requirements sit behind almost every Miami tower. They are not the same thing, they are often confused with one another, and each one has its own article on this site.

  • County recertification is the Miami-Dade ordinance requirement that sets when the building itself must be recertified and how that schedule collides with your interior work: see condo recertification and interior renovation in Miami.
  • The Milestone inspection is the state structural inspection under Fla. Stat. 553.899, performed by a licensed architect or engineer, and what it finds can reorder your project: see the Milestone inspection in Miami.
  • The SIRS is the structural integrity reserve study under Fla. Stat. 718.112(2)(g), and it is the money question, because it drives dues and assessment risk: see the SIRS reserve study in Florida.

For diligence purposes you only need to establish three facts about each before you sign: whether it has been completed, what it concluded, and what the board has budgeted in response. Ask for the documents themselves, not a verbal summary from a listing agent, and read the conclusions rather than the cover page.

What Florida law gives you, and what it does not

Buyers routinely assume that ownership means control of everything inside the front door. It does not, and the statute is specific about where the limit sits.

StatuteWhat it means for your renovation
Fla. Stat. 718.113(1)The association maintains the common elements, except limited common elements assigned to the owner by the declaration.
Fla. Stat. 718.113(3)No owner may do anything within the unit or the common elements that impairs the safety or soundness of the common elements. This is why a column does not move and a shared vertical stack does not move.
Fla. Stat. 718.113(2)(a)Altering common elements is a material alteration. Absent a procedure in the declaration, it requires seventy five percent of the total voting interests before work starts.
Fla. Stat. 718.113(5)Installing, maintaining, repairing, replacing and operating hurricane protection does not constitute a material alteration.
Fla. Stat. 718.111(5)The association has an irrevocable right of access to each unit at reasonable hours for common element maintenance or to prevent damage.

The state also publishes a plain language reference, the DBPR guide "Condominium Unit-Owner Rights and Responsibilities", which is worth reading once before you make an offer. Two of those provisions carry most of the practical weight. Section 718.113(3) is the reason a competent architect will refuse to relocate a stack that serves other units. Section 718.111(5) is the reason a building can enter your finished apartment to reach a common element behind your new millwork, which is a strong argument for access panels designed in from the start rather than cut in later.

What to inspect in the apartment itself

Walk the unit a second time with the renovation in mind rather than the furniture. You are mapping constraints, and four of them decide most of the plan.

Find the vertical stacks first. In a tower the waste and vent risers run in fixed shafts, and the bathrooms and kitchen were laid out around them when the building was built. Because a stack serving more than one unit is normally a common element, the practical result is that the toilet, the kitchen sink and the primary drains stay within a short distance of where they are today. You can change everything about how a bathroom looks and still be tied to the same square meter of floor for the drainage. Ask where the shafts are, ask whether the building has ever relined or replaced the risers, and ask whether any riser work is planned, because a replaced riser means opened walls.

Check whether there is a gas riser serving the unit at all. Many Miami towers are all electric and some carry gas, and it is determined building by building. There is no rule that gas is unavailable above a given floor, so do not accept that as an explanation from anyone. If you want a gas range, the only answer that counts is whether the building has a gas service, whether it reaches your line, and what the association permits in writing.

The kitchen hood question, which decides your kitchen plan

This is the most common design disappointment in condo purchases. Buyers picture a professional vented hood and discover that the tower will not allow it. The reason sits in the mechanical code, not in the board's taste.

Under FBC Mechanical 2023, 501.3.1, exhaust air must discharge to the outdoors at a minimum distance and without creating a public nuisance. In a mid stack unit of a curtain wall tower there is usually no compliant place to put that discharge, which is the technical basis for the refusal. Where a common multistory duct carries kitchen exhaust from several units, that shaft has to maintain its required fire resistance, which is why an individual owner cannot tap into or divert the shared riser. What the code does allow, under FBC Mechanical 2023, 505, is a listed and labeled ductless recirculating hood, which is not required to discharge to the outdoors when it is installed per the manufacturer and Chapter 4 ventilation exists. That is the code reason towers use recirculating hoods, and it is why the hood should be selected early: a recirculating unit changes the depth, the filter access and the millwork above the range.

The permit side matters too. Miami-Dade exempts replacing kitchen cabinets, vanities or panels within a residential unit in the same configuration, but any associated plumbing, mechanical or electrical work requires a permit if it is relocated, reconfigured or altered. Minor electrical repair by a licensed contractor under five hundred dollars in materials and labor is exempt, as is replacing fifteen to twenty ampere, one hundred twenty volt or lower switches and outlets. A same footprint cabinet swap is a legally different project from a real kitchen, and the price difference follows the permit line, not the cabinet catalogue.

Windows, impact glass and hurricane protection

Look at the glass and ask two questions: is it impact rated, and who owns it. Window and door assemblies are frequently common elements or limited common elements, which means replacement is governed by the association and often by a building wide specification, not by your preference. If the building has a facade or glazing project on the horizon, learn its scope and timing before you specify anything at the perimeter.

The statute helps here. Fla. Stat. 718.113(5) provides that installing, maintaining, repairing, replacing and operating hurricane protection is not a material alteration, which removes the material alteration approval hurdle from that specific category of work. It does not remove the building's own submission requirements or the permit, and it does not let you deviate from a uniform exterior appearance the declaration may impose. In the Glass Residence, a penthouse level condominium in Miami Beach, floor to ceiling glazing meant solar control and glare had to be resolved before any furniture plan was worth drawing, and that sequence applies to any unit with a large glass perimeter.

Hard floors and the building's sound rules

If you plan to remove carpet and install stone, tile or wood, the sound requirement is the item that most often forces a change of assembly after the fact. The Florida Building Code 2023, section 1207.1 applies to walls, partitions and floor ceiling assemblies separating units from each other and from public areas such as corridors, stairs and service areas. Section 1207.3 sets a minimum Impact Insulation Class of 50 tested in the laboratory, or a field AIIC of 45. Section 1207.2 covers airborne sound at STC 50 in the laboratory or NNIC 45 in the field.

That is the code floor. Buildings routinely require more than the code minimum in their own rules, and the required number is set by each association, so get it in writing before you price an underlayment. There is no single citywide standard, and any contractor who quotes you one without showing you your building's actual rule is guessing. The practical consequence for a buyer is height: a higher performance assembly is thicker, and the extra thickness has to be absorbed at door undercuts, thresholds, and any transition to a terrace or a balcony slab.

Bathrooms: what actually governs the work

Bathrooms are where money concentrates and where the code detail matters. Two provisions carry the weight in a residential condominium. FBC Plumbing 2023, 312.9 requires the shower liner test: the drain is plugged, the area is filled with potable water to not less than two inches measured at the threshold, and it must hold for not less than fifteen minutes with no evidence of leakage. FBC Building 2023, 1210.2.3 requires showers and walls above tubs with showers to be finished with a smooth, nonabsorbent surface to a height of not less than seventy two inches above the drain.

Worth knowing, because it is published incorrectly almost everywhere: sections 1210.2.1 and 1210.2.2, the four inch base and the four foot wall requirements, expressly exclude dwelling units. In a condominium residence the operative requirements are 1210.2.3 plus the 312.9 test. And the reason your stack does not move remains 718.113(3) together with 718.113(2)(a), since vertical stacks serving more than one unit are typically defined as common elements in the declaration. Read that definition before you fall in love with a floor plan that relocates the primary bath.

The exact questions to ask building management

Send these in writing, ask for written answers, and keep them with your file. A building that will not answer them before closing is itself a data point.

  • What is the current renovation or alteration policy, and is any amendment pending?
  • What must be submitted for approval, and who reviews it: the manager, a committee, or the full board?
  • What are the permitted work hours and days, and is there any seasonal restriction?
  • Is there a limit on how long a unit renovation may run?
  • What are the contractor licensing and insurance requirements, and is a deposit required?
  • Are elevator use, staging and debris removal scheduled, and how?
  • What is the building's required sound rating for hard flooring, and what documentation proves compliance?
  • Does the building have a gas service, and does it reach this unit?
  • Are vented range hoods permitted in this line, and if not, what hood type is accepted?
  • Who owns and who replaces the windows and sliding doors, and is a glazing project planned?
  • Has the building completed its required inspections and its reserve study, and may I have copies?
  • Is any special assessment currently proposed, approved or under discussion?
  • Is any riser, facade, roof or garage work scheduled in the next thirty six months?

Red flags that should change your price or end the deal

Some findings are ordinary and simply get priced in. Others are structural to the deal. Treat the following as reasons to renegotiate or walk: a building that cannot produce its inspection or reserve documents; a large reserve funding gap sitting next to an imminent capital item; minutes that show a recurring, unresolved water intrusion or facade issue; an alteration policy so restrictive that your scope cannot physically be built within the allowed hours and duration; a declaration that puts the windows, the terrace and the mechanical equipment in the association's hands while the listing markets them as yours to change; and any pending litigation involving the building envelope.

A quieter red flag is a unit that has already been renovated without approval or without permits. You inherit that. Unpermitted work becomes your problem at resale, at insurance renewal, and whenever the association exercises its access rights. Ask directly what work was done, when, and whether permits were pulled and closed, then verify rather than accept the answer. Note also that under Fla. Stat. 489.127 unlicensed contracting, including pulling a permit without a license, is a crime in Florida: a first degree misdemeanor on a first offense, and a third degree felony on repeat offenses or during a declared state of emergency.

Turning diligence into a real number before you make the offer

The point of all of this is a budget you can defend at the negotiating table. Once you know the boundary, the rules, the stacks, the hood type, the glass ownership and the required floor rating, the scope stops being a wish list and becomes a set of priced decisions. The plan that survives is the one that spends where the building actually lets you spend: millwork, stone, lighting, plaster, doors, and the systems inside your own boundary, rather than a long fight over a wall the association owns.

That is how we approach a purchase level review before a client commits. In the Ong-Sapla Residence in Fort Lauderdale, the large island kitchen and the wine room were only possible because the layout was tested against what could realistically be serviced before any finish was chosen. If you are evaluating a specific building, our condo and penthouse design practice runs this diligence alongside your agent during the inspection period, and you can see how the studio works across the city on our Miami interior design page.


One last piece of advice: do the document review before the emotional commitment, not after. Every constraint described here is knowable during the inspection period, and every one of them is far cheaper to discover then than in the second week of demolition.

Common questions

What documents should I request before buying a Miami condo I plan to renovate?

Request the recorded declaration and all amendments, the bylaws, the rules and the renovation policy, board minutes for the last one to two years, the operating budget, the reserve schedule and balances, assessment history, the insurance summary, and the status of the building's required inspections. Read them in that order, because each one answers a different question about what your project will really cost.

Can I move a bathroom or a kitchen in a Miami condominium?

You can change everything about how they look, but the vertical waste and vent stacks generally stay where they are. Stacks serving more than one unit are normally common elements, and Fla. Stat. 718.113(3) prohibits an owner from doing anything that impairs the safety or soundness of the common elements. Plan the fixtures around the existing shaft locations instead.

Why do most Miami towers refuse a vented range hood?

FBC Mechanical 2023, 501.3.1 requires exhaust to discharge outdoors at a minimum distance without creating a public nuisance, which a mid stack curtain wall unit usually cannot satisfy. Shared multistory exhaust shafts must keep their required fire resistance, so owners cannot tap them. Section 505 allows listed ductless recirculating hoods without outdoor discharge, which is what towers use.

Is there a rule against gas above a certain floor in Miami condos?

No. That rule does not exist. Whether you can have a gas range depends on whether the building has a gas service, whether that service reaches your line, and whether the association permits it. Ask management in writing before you assume a gas cooktop is possible, because many Miami towers are simply all electric by original design.

What sound rating do I need for hard flooring in a Miami condo?

The Florida Building Code 2023 sets the floor: section 1207.3 requires a minimum Impact Insulation Class of 50 in the laboratory, or a field AIIC of 45. Many buildings require more than the code minimum, and that number is set by each association's own rules. Get your building's written requirement before pricing any underlayment assembly.

How do recertification, the Milestone inspection and the SIRS affect a purchase?

They are three separate requirements: a county recertification ordinance, a state structural inspection under Fla. Stat. 553.899, and a reserve study under Fla. Stat. 718.112(2)(g). For diligence you need only three facts about each one: whether it is complete, what it concluded, and what the board budgeted in response. Each has its own detailed article here.

Does replacing windows with impact glass require a material alteration vote?

Fla. Stat. 718.113(5) provides that installing, maintaining, repairing, replacing and operating hurricane protection does not constitute a material alteration. That removes one hurdle, but it does not remove the building's own submission requirements, the permit, or any uniform exterior appearance the declaration imposes. Confirm who owns the glazing before you budget a replacement.

What if the unit was already renovated without permits?

You inherit the exposure. Unpermitted work resurfaces at resale, at insurance renewal, and whenever the association uses its irrevocable right of access under Fla. Stat. 718.111(5). Ask what was done, when, and whether permits were pulled and closed, then verify with the building department instead of relying on the seller's recollection.

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