Homeowner association board members and their attorneys can breathe easier now that two Florida appeals courts have clarified the deadline for challenging an association’s governing documents. Through an affirmative defense based on time limitations, associations should see quick, concise and more cost-effective resolution of lawsuits brought by condominium owners and homeowners who question the validity of the governing documents of their communities.
The recent court rulings establish that any challenge to the governing documents must be brought within five years of their recording or, in certain situations, five years from the date in which the challenger takes title to the property if subsequent to the recording.
