4/17/2024 0 Comments Amending hoa covenantsA husband and wife had sued their HOA in July 2013 challenging the validity of amendments to the HOA’s restrictive covenants that were passed in 20. The 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.Florida’s First District Court of Appeal brought clarification to this issue in February 2016. Further, Chapter 617, the Florida Not For Profit Corporation Act, provides that amendments to the articles of incorporation must be filed in the office of the Department of State.įlorida appeals courts have clarified the deadline for challenging an association’s governing documents. Section 718.112(1)(b) of the Act states that amendments to the articles of incorporation or bylaws are not valid unless recorded in the public records of the county where the declaration of condominium is recorded. In Florida, the most often cited Statute of Limitations is found in Section 95.11, F.S., which contains the time limits for the following common types of cases, I have included the pertinent section below regarding amendments to governing documents:FIVE YEARS: An action on a judgment or court decree an action on a written contract an action to foreclose a mortgage and other actions founded on written instruments. ![]() After that statutorily-indicated time period runs, any claim asserting that cause of action will likely fail, regardless of whether the person or entity bringing the case is “right” or wrong”. Statute of Limitations sets forth the maximum time frame to file a legal action making a claim or to enforce a party’s rights, depending upon the type of claim being made. In many cases, waiting around and failing to take action may convert what should be an invalid amendment into an enforceable obligation due to the application of the statute of limitations. This is only true, however, if the issue is brought to the courts in a timely fashion and with the requisite limitation period. Many owners/board members, and even CAMs assume that amendments that did not receive the requisite amount of membership consent are automatically invalidated by the courts. ![]() Statutory Limitation Period to object to amendments to governing docs in a Condo or HOA
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