The deadline by which a lawsuit must be submitted to a court of law is known as the statute of limitations, or “S.O.L.” A lawsuit cannot be launched after the allotted time period has passed, and the S.O.L. is said to have “expired” at that point. The S.O.L. for condo defect cases will vary in Fort Lauderdale depending on the type of defect.
There is a distinction between “known” faults and “latent” defects in Florida’s S.O.L. regulations.
Defects that have already been reported to a condo unit owner or the condo association are known defects.
Latent flaws are ones the owner is not initially aware of but may find after conducting a sufficiently thorough search. For claims regarding condo problems in Fort Lauderdale, the statute of limitations is:
- Known Issues: After the “transition,” 4 years are the S.O.L. for known flaws. A transition occurred when the construction crew turned over the condominium complex to the condo association. Suits may only be brought if the transition has been successfully completed. Therefore, if someone buys a condo unit two years after the transition, they have two more years to pursue a lawsuit for a known problem. Note that the S.O.L. for building improvements to a specific condo unit is four years from when the improvement is finished.
- Latent Defects: Ten years after the conclusion of the transition is the S.O.L. for latent defects (or completion of an improvement contract). The owner has seven years to initiate a claim against the party at fault if a latent problem is found by a thorough investigation three years after an improvement was made.
As you can see, statutes of limitations have a wide variety of beneficial uses. First, they advise unit owners to thoroughly and reasonably investigate their homes to ensure no hidden flaws. The S.O.L. also gives the unit owner a deadline, obliging them to file their claims on time.
The Phrase “Tolling the Statute of Limitations” is Another One I’ve Heard. What Does it Signify, and How Does it Relate to a Defect S.O.L.?
“Toll” is a legal term that refers to delaying or suspending the application of a specific statute. Tolling the statute of limitations means that the filing deadline has passed without further action being taken. The filing deadline will be effectively extended as a result of this. Florida Statutes Chapter 558 describes the steps for tolling the statute of limitations in Fort Lauderdale concerning a condo defect S.O.L. These can be intricate and need the party being served to stipulate (consent) that the S.O.L. will be tolled.
For additional information about tolling the S.O.L., speak with a lawyer.
Is My Homeowners Association Suable?
Absolutely. As was already established, a homeowner association can be sued by a group member. Before accepting the covenants, conditions, and restrictions, members of an association must be sure they know what they’re signing. This is significant because members cannot legally challenge an H.O.A. rule they consented to follow.
Typical grounds for a member of an association to file a lawsuit against the association include the following:
- Covenants, Conditions, and Restrictions (“CC&Rs”) Violation: If the association disobeys its own regulations, a member may file a lawsuit to compel compliance. Contract violations are those that violate the CC&Rs;
- Breach of Fiduciary Duty: The Association is obligated to use the dues and penalties it receives to maintain and upgrade the association’s common spaces. Any association member may initiate a lawsuit against them if they misuse these fines, such as by stealing money from the communal funds for their own purpose.
- Neglecting Their Care and Maintenance of Common Area Duties: Because the association is expected to uphold its half of the bargain, these infractions will be compared to breaches of fiduciary duty. Members of the association may take the association to court if they fail to perform their obligations to care for and preserve common areas, such as neglecting to fix damaged public spaces. In addition, a civil case may be filed if the H.O.A.’s failure to perform repairs causes any harm to a member or their property.
Who is in Charge of Condo Repairs in Fort Lauderdale?
Depending on several variables, the duty for maintenance in a condo building in Fort Lauderdale may be split between the unit owners and the association.
Whether the essential repair is for a shared space or a specific unit is one of the key criteria in establishing who is accountable for it. Once more, common area repairs are funded by association fees collected from the members.
What caused the damage that required repairs is a further consideration in establishing who is responsible for repairs. The condo association might be responsible for paying for the repair if a broken water line ran throughout the condo unit. The member will probably be responsible for the repairs if they were the cause of the harm.
In Ft. Lauderdale, common areas, including lobbies, parking lots, elevators, and leisure centers, will typically be the responsibility of condo organizations.
On the other hand, the upkeep and repairs of individual apartments will be the unit owners’ responsibility. This includes any additions or improvements that they made.
It is important to note that occasionally the association will be in charge of fixing components of the individual units included in the initial building, such as their flooring and walls.
Can an Insurance Company Assist in Paying for Repairs?
Absolutely. Florida law mandates that condo associations in Fort Lauderdale offer master insurance coverage to protect the building’s common areas.
The law also mandates that property owners carry homeowner’s insurance to protect their own dwellings. The excess costs will be met by the dues received from the association’s members if the costs of any repairs to common elements exceed the sums covered by the master insurance plan.
Florida’s casualty repair rules also cover losses caused by unexpected events like a city-wide power surge and emergencies like hurricanes and tornadoes. Frequently, H.O.A. agreements will specify how casualty repairs are to be made.
What Happens if a Member Causes Damages to a Common Area or Other Member’s Unit?
Owners of condominium units in Fort Lauderdale are required by law to act in a way that won’t harm shared spaces or the units of other residents. The cost of repairs will fall on the member whose carelessness resulted in damage to a shared space. In rare circumstances, for example, a legal defense can be possible if the harm was done to address an urgent crisis.
Should I Use an Attorney to File a Condominium Defect Claim?
The assistance of a lawyer is essential if you intend to sue for condo defects in a civil court.
You can get help from a real estate attorney in Ft. Lauderdale to ensure that the statute of limitations is followed in your filing procedures.
Additionally, a lawyer can assist you in identifying known and hidden flaws and may even be able to offer you advice on how to find flaws. Ask a lawyer about your possibilities for tolling the statute of limitations if you believe that it will be a problem.
