Broward County's elevator ordinance, Ordinance No. 2026-22, has required an emergency elevator outage plan since June 11, 2026. It applies to condominium associations and residential building owners whose buildings have an elevator under a service maintenance contract.
The same ordinance tells boards what to do when broken condo elevators stay broken. After more than 24 hours with no working elevator, the association must look for another elevator company. Some coverage gives a June 23 start date. The ordinance itself reads enacted June 9, filed with the Department of State June 11, and effective June 11, 2026.
Below: what the plan must list, how the 24-hour rule meets your service contract, the fine, and a checklist for this week. This reports what the Broward County Code says. It is not legal advice, and several points are questions for association counsel.
What Broward County Ordinance 2026-22 changed
The Broward County Commission enacted Ordinance No. 2026-22 on June 9, 2026. It created a new section of the county code, Sec. 21-10, titled "Elevator outages; residential buildings." It also added a fine for that section to the county's schedule of civil penalties, Sec. 8½-16.
The ordinance explains why the new duties land on boards and owners instead of elevator companies. Its opening paragraphs say the county received reports that residents of multistory buildings were affected by extended elevator outages. It names seniors and people with disabilities among them.
The same paragraphs say state law generally preempts local regulation of elevator companies. That means Chapter 399 of the Florida Statutes, known as the Elevator Safety Act, and the Florida Building Code. So the county regulated the parties it says it can reach: building owners and condominium associations.
For a board, that turns a long outage into a duty with a paper trail. It is no longer only a vendor problem.
The ordinance also directs the county's Building Code Division to explain these rules when it issues elevator certificates of operation. For condominium buildings, that explanation includes recommended reserve funding for elevator repair and maintenance. If your board is already working through reserves, see our guide to the HB 913 reserve rules.
Who the Broward elevator rules cover
Sec. 21-10 applies to residential buildings, including condominium buildings. The posting duty falls on "residential building owners and condominium associations responsible for the operation of one (1) or more residential buildings."
The definitions in Sec. 21-8 narrow that. A "building" is a structure, other than a single-family home, with one or more elevators covered by a service maintenance contract. Condominium property counts when any structure on it has such an elevator.
Two more definitions matter to boards:
- Building owner. The code's definition includes the owner's agent, manager, or other person the owner designates.
- Registered elevator company. The term takes its meaning from section 399.01 of the Florida Statutes. That is a company registered with the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation (DBPR). The statute requires it to register every year.
What the emergency elevator outage plan must include
Sec. 21-10(b) says the plan must be posted and maintained "in a conspicuous location within the building." It lists six things the plan must include. The bold text follows the code. The suggestion after each item is ours, not code language.
- Contact information for the registered elevator company under your service maintenance contract. Suggested: the company name, its 24-hour service line, and your account or contract number.
- The backup or alternate registered elevator company, unless your existing service contract prohibits it. Suggested: the name and emergency line of a second registered elevator company.
- Procedures for reporting elevator outages and requesting repairs. Suggested: who residents call during office hours and after hours.
- Expected response steps. Suggested: what happens at the first call, and what happens at the 24-hour mark.
- Plans for communicating outage status reports to residents. Suggested: where updates appear, such as a lobby notice, email, text, or resident portal.
- Accessibility accommodations and assistance protocols for residents with mobility limitations. Suggested: how a resident asks for help, and who responds.
One caution on item 6. Write it around how residents can ask for help, and who answers. Do not post names or health details in the lobby. Ask counsel how to handle any health information a resident chooses to share.
The 24-hour rule and your elevator service contract
Sec. 21-10(a) is short, and each piece of it matters. It applies when a residential building has no functioning elevator for more than 24 hours. The elevator company under contract must also be unable to restore service in that time.
When both are true, the owner or association "must seek an alternate registered elevator company that can perform the required repairs as expeditiously as possible."
Three phrases in that sentence are worth reading slowly:
- "No functioning elevator." On its words, the trigger is a building with no working elevator at all. A building where one of two cars still runs is a question for counsel.
- "Seek." The duty is to look for another registered company that can make the repair. Keep a record of who you called, when, and what each company said.
- "Unless prohibited by an existing service maintenance contract." If your contract bars another company from working on the equipment, the duty yields to the contract. The backup listing on the posted plan carries the same exception.
That makes the service contract the first document to pull. Read it for any clause that limits who else may work on your elevators. Then ask association counsel one question: does this clause prohibit what Sec. 21-10(a) describes? If the contract is coming up for renewal, raise the clause before the board signs again.
Keep your Records of Visit, too. Under Sec. 21-9, an elevator company working under a service contract must hand the building owner a Record of Visit before leaving the site. It shows the date and time, who did the work, and an itemized list of what was done. Those records, plus your own outage log, show what happened and when.
When the ordinance passed, the Sun Sentinel reported that residents had described being stuck on their floors while a contractor waited for a part. County Mayor Mark Bogen's answer, as the paper reported it, was to call another company that has the part. That is the situation Sec. 21-10(a) addresses.
Broward elevator ordinance fines, with no time to correct
The county fine for this section covers one thing: failure to "post or maintain" the plan. Under Sec. 8½-16(aa)(3), the fine is $250 for a first violation and $500 for a repeat violation.
What sets this apart from many code issues is the missing grace period. Sec. 21-10(c)(1) says violations "constitute irreparable harm." Because of that, the code inspector "is not required to provide the alleged violator with time to correct the violation before issuing a citation." The same subsection says each day a violation occurs counts as a separate violation.
The county's code enforcement chapter, Chapter 8½, fills in the rest:
- A "repeat violation" is the same violation by someone found in violation, or fined, for that provision within the prior five years (Sec. 8½-9).
- An inspector may issue a separate citation for each day a violation is found to exist (Sec. 8½-10).
- A cited party can correct the violation and pay, or request an administrative hearing in writing within 10 days of service (Sec. 8½-11). Missing that window waives the hearing.
Bogen described the fines to the Sun Sentinel as $250 on the first day and $500 a day after that until the plan is posted. The code's own terms are the ones above: a first amount, a repeat amount, and a separate violation for each day.
The fine schedule has no separate line for the 24-hour duty in Sec. 21-10(a). Bogen acknowledged in June that no penalty applies for failing to follow a posted plan, the Sun Sentinel reported. The duty is still in the code, and owners stuck on an upper floor will ask what the board did.
The word "maintain" is in the fine line, so treat the plan as a document you keep current. A plan with a dead phone number or a former vendor helps no one during an outage.
A checklist to post your elevator outage plan this week
- Pull the elevator service maintenance contract. Note the company's 24-hour service line and your account number.
- Find any clause that limits other companies from working on your elevators. Send it to association counsel with the Sec. 21-10(a) question.
- Unless counsel says the contract prohibits it, choose a backup registered elevator company. Confirm its state registration and get its emergency line.
- Write the reporting steps: who residents call during office hours and after hours.
- Write the response steps, including what the manager or board does at the 24-hour mark.
- Write how residents will get status updates, and how often.
- Write the mobility section: how a resident asks for help, and who responds.
- Post the plan in a conspicuous spot inside each residential building with an elevator, such as the elevator lobby.
- Date the plan. Keep a copy and a photo of the posting in the association's records.
- Set a review date. Update the plan whenever a phone number, vendor, or contract changes.
Step 2 depends on counsel's schedule, so send that question first.
When to confirm with association counsel
Several answers depend on your own documents and building. Call counsel when:
- Your service contract has any clause about other companies working on your elevators.
- Your building has more than one elevator and only some are out.
- You are a cooperative, an HOA, or a mixed-use building and are not sure the rule reaches you.
- Your city has its own elevator rules.
- You are writing the mobility section and want to handle resident health information correctly.
- You receive a citation. The 10-day window to request a hearing runs from service.
If you want a second set of eyes on your plan or your elevator contract dates, ask us. Emergency coordination for elevators is part of every Royale condominium management contract, and our on-site managers work on the property day to day.
Frequently asked questions
When did Broward's elevator outage plan rule take effect?
June 11, 2026. Ordinance No. 2026-22 was enacted June 9, filed with the Department of State June 11, and took effect June 11. Some coverage gives June 23, but the ordinance's signature block says June 11.
Does the rule apply inside my city, or only in unincorporated Broward?
Sec. 21-10 does not limit itself to unincorporated areas. Under Broward's Charter, Sec. 11.01, a county ordinance does not take effect in a city to the extent it conflicts with a city ordinance. Ask counsel if your city has its own elevator rules.
Do we have to sign a contract with a backup elevator company in advance?
The code requires the posted plan to name a backup or alternate registered elevator company, unless your existing service contract prohibits it. It does not say a second contract must be signed.
How much is the fine for not posting the plan?
The fine is $250 for a first violation and $500 for a repeat, under Sec. 8½-16(aa)(3). No time to correct is required, and each day counts as a separate violation.
Does the rule apply to HOAs and cooperatives?
The text names residential building owners and condominium associations. Single-family homes are excluded from the definition of a building. A cooperative or HOA that operates a residential building with an elevator should ask counsel how the definitions apply.
Is there an official county form for the plan?
The code lists six required items but no form. We found no template on the Broward County Building Code Division's website when we checked on September 18, 2026.
Sources
- Broward County Code of Ordinances, Sec. 21-10, Elevator outages; residential buildings (Supplement 72, codified through Ordinance No. 2026-26), Municode.
- Broward County Code of Ordinances, Sec. 21-8, Definitions, Municode.
- Broward County Code of Ordinances, Sec. 21-9, Documentation of elevator service, Municode.
- Broward County Code of Ordinances, Sec. 8½-16, Schedule of civil penalties, item (aa)(3), Municode.
- Broward County Code of Ordinances, Secs. 8½-9, 8½-10 and 8½-11, definitions, enforcement procedures and options of persons cited, Municode.
- Broward County Ordinance No. 2026-22 as filed (marked "Corrected"), enacted June 9, 2026, filed with the Department of State June 11, 2026, effective June 11, 2026, Municode.
- Broward County Charter, Sec. 11.01, Conflict of County ordinances with Municipal ordinances, Municode.
- Florida Statutes, Section 399.01, Definitions (registered elevator company, service maintenance contract), flsenate.gov.
- Broward County Building Code Division, broward.org.
- Rafael Olmeda, "Broward demands faster fixes to broken condo elevators," South Florida Sun Sentinel, June 9, 2026, via Yahoo News.




