Condominiums and cooperatives are categories of common interest communities that individuals may reside in. In many cases, condominiums and cooperatives can be distinguished by examining the structure of the residences.
An individual can determine whether their community is a condominium or a cooperative by reviewing the residential regulations of their community. Condominiums and cooperatives have become popular forms of real estate investment.
There are many advantages to condominiums and cooperatives, including:
- Affordability;
- Prime locations; and
- Ease of transactions.
Because the two types of residences may be very similar, many individuals are unaware of the differences between the two. With condominium communities, an individual can own their unit and can maintain legal title to their condominium unit.
Owners of the units may still share obligations and ownership in the common areas. However, they are typically granted title to their unit.
Typically, condominium associations and boards do not own the living areas. In cooperative communities, in contrast, an association or corporation typically owns the land and the building.
An individual in these residences will typically pay rent and contribute to basic repairs in the common areas. The association will act similarly to a landlord.
The individuals living in the community are subject to monthly rental payments. Purchasing a condominium usually involves the sale of the individual unit.
On the other hand, purchasing a cooperative typically refers to when a corporation or organization invests in an entire building complex.
What is the Definition of a Statute of Limitations?
The statute of limitations is a legal concept that specifies the amount of time a plaintiff must file a civil lawsuit or the amount of time a prosecutor must file criminal charges against a defendant. A statute of limitations limits a plaintiff by establishing a deadline for filing a lawsuit.
If a certain amount of time has passed, a plaintiff or criminal prosecutor will be barred from bringing their case against a defendant. The deadline for filing lawsuits will vary depending upon the type of lawsuit being filed and the applicable statutes in the jurisdiction where the plaintiff is filing a lawsuit.
Why Do States Have Statutes of Limitations?
One of the purposes of statutes of limitations is to protect defendants from untimely litigation. A statute of limitations allows a plaintiff to pursue a valid claim against a defendant, but only when they exercise due diligence in timely filing their claim.
What would be considered the timely filing of a claim depends on the state where the claim is being filed and the type of claim being filed. For example, in Texas, the statute of limitations for filing a civil lawsuit is typically 2 years from the date of the incident.
There are 3 main reasons why statutes of limitations are enacted, including:
- Forcing a plaintiff with a valid cause of action to bring the claim timely;
- Bringing an untimely claim can result in the loss of evidence that is necessary for a defendant to defend themselves against the claim; and
- Litigation of a claim long after the incident occurred may result in more cruelty than justice.
When Does Time Begin to Run on Statute of Limitations?
In many cases, the United States Supreme Court has held that the standard rule is that the statute of limitations begins to run “when the plaintiff has a complete and present cause of action.” Typically, the statute of limitations begins to run when the event, such as the injury or crime, occurs or when the injury is discovered by the plaintiff, such as in cases of fraud.
If a lawsuit is filed after the statute of limitations has run, the claim will most likely be thrown out of court with a motion from the defendant. In some cases, however, the clock may be paused for a period of time, referred to as tolling the limitations.
For example, if a defendant commits a crime and flees, resulting in them becoming a state fugitive, the state will suspend the statute of limitations for the period the defendant was on the run. This means that the prosecutor can bring charges once the fugitive is caught.
In cases where a plaintiff is a minor, many states permit the statute’s tolling until the plaintiff reaches the age of majority. It may be possible in a private civil case for the statute of limitations to be shortened or lengthened by an agreement of both of the parties.
I Own a Condominium Unit in Miami with Defects. How Long Do I Have to File a Claim in Court?
As noted above, the time frame in which a lawsuit must be filed is the statute of limitations, sometimes referred to as the SOL for short. Once this period has passed, the statute of limitations is said to have expired, and the lawsuit cannot be brought.
In lawsuits that involve Miami condominium construction defects, the SOL will vary depending upon the nature of the defect. In Florida, the guidelines outline differences between known defects and latent defects.
Known defects are defects that have already been brought to the attention of the condominium association or unit owner. Latent defects are unknown to the owner but could have been discovered through a reasonably diligent search or inquiry.
The Statute of Limitations for cases that involve condominium defects in Miami are:
- Known defects: The SOL for a known defect is 4 years from when the condominium complex was transferred from the construction team to the condominium association. The transfer is referred to as transition.
- A lawsuit cannot be brought during a transition period. For example, if an individual purchases a condo unit 1 year after the transition, they have 3 years left to file a suit for a known defect;
- The SOL for construction improvements is 4 years from the time of completion of the improvement; and
- Latent defects: The SOL for a latent defect is 10 years from the time of transition or completion of the improvement contract. Therefore, if a diligent search discovered a latent defect 6 years after an improvement was made, the owner will have 4 years left to file a claim against the responsible party.
The statute of limitations encourages unit owners to conduct diligent and reasonable inspections of their properties to ensure no latent defects. The SOL also gives the unit owner a deadline to encourage them to file their lawsuit promptly.
What is Tolling the Statute of Limitations and How does it Apply to a Defect SOL?
As noted above, tolling means suspending or postponing the effect of a statute. Effectively, it creates an extension of the deadline for filing.
Concerning a condominium defect statute of limitations, Florida Statutes Chapter 558 provides procedures for tolling the statute of limitations in Miami. These are complex and involve a stipulation, or an agreement, of the party being served that the SOL will be tolled.
An individual should consult with a Miami lawyer for more options related to tolling the statute of limitations.
Should I Hire a Miami Lawyer for my Claim Regarding Condo Defects?
If you have a condominium with a defect and a lawsuit becomes necessary, consulting with a real estate lawyer in Miami, FL, may be helpful. Your lawyer can ensure that the filing procedures conform to the requirements.
Your attorney can also help clarify the differences between known and latent defects concerning condominiums. Your lawyer may also be able to provide you with guidelines for discovering defects.
