Limitation on actions by association

Common Elements summary — Section 718.124 gives an association a special tolling rule for any cause of action the association could bring against a developer, contractor, or supplier related to design or construction defects. The statute of limitations does not begin to run until the unit owners other than the developer elect a majority of the board (turnover, see 718.301). This matters enormously in construction-defect cases. Florida's general construction statute of limitations under 95.11 is four years, with a ten-year statute of repose. Without 718.124, an association that didn't reach turnover until year five would have already lost its claim. The tolling rule preserves the right to sue until the owners actually control the board and can make an informed decision about litigation. For boards: if you're newly post-turnover and you suspect construction or design defects, get a forensic engineer in within months — the SOL clock is now running. Waiting "to see if it gets worse" is how associations lose multi-million-dollar claims.

Not legal advice. Click through to the official source for statutory text.