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…………..


Related Articles

Recovering Condominium and Homeowners Association Fees Due Prior to Sheriff’s Sale

Under Pennsylvania statute, when real estate subject to homeowner’s association assessments or condominium association assessments is sold at sheriff’s sale,

Fiber to the Home – Should you have it in your Community?

One of those decisions may include the need for your community to implement an optical fiber connection direct into your home

Condominium Association Parking Restrictions and Enforcement

One of the most common problem areas for condominium associations and their property management is parking. Spaces are at a