Statute of Repose for Actions by Condominium Associations
If enacted, this bill could have substantial implications for both condominium associations and developers. The removal of the statute of repose effectively allows these associations to hold developers accountable for construction defects and other related claims at any time, so long as the board of administration is properly elected. This shift promotes greater accountability for developers and ensures that unit owners have a legal pathway to seek remediation for unresolved issues, thereby enhancing consumer protection within the condo market.
House Bill 6005 seeks to amend Florida's laws regarding condominium associations by altering the statute of repose for legal actions. The statute of repose traditionally sets a deadline for filing lawsuits related to construction and property issues. By amending section 718.124 of the Florida Statutes, the bill removes the statute of repose for certain actions by condominium associations, allowing them to initiate legal proceedings without the previously established time limitations. This legislative change is particularly significant for condominium associations as it extends their ability to seek remedies for issues that may arise after property defects are identified, irrespective of when those defects were initially observed.
There may be areas of contention surrounding this bill, especially from opposition groups representing developers and builders. Critics might argue that removing the statute of repose could lead to an increase in frivolous lawsuits or claims arising long after the completion of construction projects. They may contend that a broad window for legal action could discourage development and increase costs associated with new condominium projects. Conversely, supporters of the bill may argue that the change is necessary to empower unit owners and adequately respond to construction defects, ensuring that they are not undermined by limitations that prevent them from seeking justice.