Associations Rejoice: Florida Appellate Courts Breathe New Life into Controlling Documents for Community Associations

It has been commonplace in Florida for condominium owners or homeowners to move into a community and then challenge the propriety or validity of the governing documents which, by virtue of purchasing in the community, they agreed to be bound by at the closing table. It wasn’t until late 2014 and again in 2015 that the Florida First and Fourth District Courts of Appeal clarified that a homeowner only has five years from either the date the challenged documents were recorded or five years from the date the condo/homeowner took title to the property. The rationale arises from Florida Statute § 95.11(2)(b), which provides that “[a] legal or equitable action on a contract, obligation, or liability founded on a written instrument… shall be commenced within five years.”   Read the article…………..


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