At a Sarasota County Commission meeting in November 2025, Commissioner Mark Smith set a folding table in front of the dais. The table stood for a Siesta Key beachfront lot, with yellow lines for the required setbacks and a red line for the county's Gulf Beach Setback Line. Then he put a file box on it to represent a new condo building, according to the Sarasota News Leader. He was showing the limits on rebuilding an aging condo complex. His colleagues then voted 4-0 against his proposal to change those limits, with Smith recused.
Anyone shopping Siesta Key's older condo buildings should know what that vote kept in place. Many of these complexes hold more units than current zoning allows. Under county rules, that extra density survives a rebuild only if a storm forces it. If the owners choose to tear down and rebuild, they lose it. So in practice, the value of an older unit rests on how well the association can keep the existing structure going.
Sea Club V: 41 Units Now, 18 After a Voluntary Rebuild
The case that started the debate is Sea Club V, a 41-unit community at 6744 Sarasea Circle. Your Observer reported that under current FEMA rules the building could be rebuilt with all 41 units if a natural disaster damaged it beyond 50% of the property's value. If the owners demolished it voluntarily to build something stronger, the new building would have to meet post-1986 density limits, which would allow 18 units.
A county staff packet prepared for a 2025 workshop puts it in code terms. The Unified Development Code allows a nonconforming multifamily structure to be rebuilt at the same height and density "if the structure sustained damage during a natural storm event," but it "does not allow for voluntary demolition and redevelopment." The underlying cap comes from the county's Future Land Use Policy 2.9.1, which holds barrier-island density and intensity to what the zoning rules allowed on March 13, 1989, with stated exceptions.
Sea Club V is not unusual. Hilla Blatt, speaking for the Siesta Key Condominium Council at the November hearing, told commissioners there are "137 RMF properties with nonconforming density and height on Siesta Key, many with beach access," the News Leader reported.
The Proposal That Failed, and Why It Drew Opposition
Smith first raised the issue in January 2022 on behalf of the Sea Club V association, months before he was elected. Once on the commission, he moved it forward with the county as the official applicant. The final version would have covered structures in Siesta Key's Residential Multi-Family zoning built before Jan. 1, 2000, the date the News Leader gives for approval of the first Florida Building Code.
The proposed rules were tight. A rebuilt complex would keep the same number of units and the same mix of unit types, so a building with 20 two-bedroom units would come back with 20 two-bedroom units. It would also have to fit within current limits:
| Constraint under the proposal | Limit described at the hearing |
|---|---|
| Parking base | Up to two 12-foot parking levels |
| Height above parking, RMF-1 and RMF-2 | 35 feet |
| Height above parking, RMF-3 | 45 feet |
| Lot coverage, Siesta Key Overlay District | 35% maximum |
| Pervious area | Half the property |
| Unit count and type | Same as the demolished building |
Smith argued the change would not add density and that more resilient buildings serve the public. Opponents saw it differently. Lourdes Ramirez, president of Protect Siesta Key, said the amendment would let developers "tear down existing condos, keep the high density and rebuild them larger, taller and much more intense," and raised concerns about bedrooms being rented separately to visitors. Neal Schleifer of the Condominium Council, which represents 100 associations and more than 7,000 households, pointed to traffic, evacuation and stormwater capacity, per the News Leader. Commissioners also noted that no one from Sea Club V or any other affected condo spoke in favor.
The two outlets give different hearing dates. Your Observer says Nov. 12 and the News Leader says Nov. 18. Both report the same 4-0 outcome.
Why State Law Doesn't Get Around It
Buyers who follow Florida news may know the Resiliency and Safe Structures Act and assume it overrides local rules. Under the current statute, Section 553.8991, a property qualifies only if part of it lies seaward of the coastal construction control line and the structure is flood-elevation-nonconforming, unsafe, or ordered demolished. For buildings that qualify, redevelopment is allowed at the maximum height, overall size and development potential permitted for a similarly situated parcel in the same zoning district. The statute measures the rebuild against what current zoning allows on a comparable parcel, and it says nothing about preserving a building's historic unit count. Excess density on its own does not qualify a building, and whether the act applies to a given complex depends on that complex's facts.
Follow-up reporting since the vote shows no revival. At a Feb. 11, 2026 workshop, the commission voted to pursue a new Siesta Key Community Plan to replace the 1999 version, along with a task force on short-term island needs. Speakers focused on stormwater, aging utility lines and the electrical grid, the News Leader reported. Siesta Sand's August 2026 coverage of the Beautification Task Force reported that no comprehensive plan amendments were expected unless the commission asked for them.
Renovating in Place Is What Keeps the Units
If a voluntary rebuild loses units and only a storm preserves them, the option left is to renovate the existing structure. Harbor Towers, now about 50 years old, shows what that costs.
Siesta Sand reported in September 2026 that the association hired a structural engineer in 2021 and then took on a project of roughly $13 million. Association President Pat Palumbo described it as essentially rebuilding the building "from the inside out." The work replaced the glass to updated hurricane specifications, rebuilt exterior walls, reinforced wall studs and added extensive waterproofing. Assessments ran from the low $40,000s to nearly $100,000, depending on unit size. Palumbo said the project met resistance at first and some owners sold rather than pay.
The project wrapped up about a month before Hurricane Milton. Palumbo said the renovated building envelope came through without damage. The roof, which was not part of the project, was damaged and has since been replaced.
State condo law now adds to the bill for keeping older buildings going. The 2025 follow-up legislation, HB 913, moved the structural integrity reserve study deadline to Dec. 31, 2025, and lets associations fund required reserves through a special assessment, credit line or loan after majority approval, according to the Florida Senate bill summary. At the February workshop, Schleifer told commissioners that Siesta associations had spent millions of dollars on their buildings to meet those post-Surfside requirements.
What This Means When You're Buying
For two units in older buildings at similar list prices, the real comparison is where each association stands on structural work. One may already have commissioned an engineering assessment and paid for envelope work, as Harbor Towers did. The other may still have all of that ahead, and its owners will pay for it the same way.
Buyers have some time to look into this. RASM's countywide figures for Sarasota County condos and townhouses in August 2026 show a $310,000 median, up 3.3% from a year earlier. Active listings fell 11.8% to 1,659, supply stood at 5.2 months, and the median time to contract was 83 days, according to the Realtor Association of Sarasota and Manatee. These numbers cover the whole county, not Siesta Key alone. On the island, Schleifer's data, collected Feb. 8, 2026, showed prices falling until December 2025.
For older buildings, the association's records are where these questions get answered:
- Has the association completed its structural integrity reserve study, and what funding schedule does it set?
- Has a structural engineer assessed the building recently, and has the recommended work been done, scheduled or deferred?
- Are any special assessments approved or under discussion, and how do they vary by unit size?
- How many units does the building hold compared with what its zoning allows today?
- Were any repairs from Helene or Milton handled under permits, and are they finished?
An attorney or the association can explain how any of these items apply to a specific purchase. Their purpose is to show which costs are already paid for and which are still ahead.
FAQ
Can an older Siesta Key condo be rebuilt with the same number of units? Under the county code described in the 2025 staff packet, yes, but only after damage from a natural storm event. A voluntary demolition must meet current density, which for Sea Club V would mean 18 units instead of 41.
Is the county reconsidering the rule? Reporting through August 2026 shows the county working on a new community plan and infrastructure priorities for Siesta Key, with no density amendment expected unless the commission asks for one.
Does every older building have nonconforming density? No. The Condominium Council puts the number at 137 RMF properties on the island. Zoning and density are determined parcel by parcel, so each building has to be checked on its own.
Kona Realty starts with the building. Our team brings a builder's background to reviewing older Siesta Key condos, from engineering reports and reserve schedules to what current zoning would allow on the lot, so you know what you're buying before you make an offer. Contact Us to go over a specific building.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.
