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Developer constructed a condominium community in 1978. The community was damaged by hurricane Andrew in 1992. The damage revealed certain latent defects in the roof trusses. The Association sued the Developer in 1994, sixteen years after the last certificate of occupancy was issued for the project.
The Developer argued that the claim was barred by the statute of repose. The statute of repose requires homeowners to bring lawsuits for defective construction within fifteen years that the project was complete. The Association argued that the statute of repose was extended by a provision of the Florida Condominium Act that extends statutes of limitations until control is passed to the Association (Section 718.124). The appellate court disagreed, holding that the Condominium Act extends the statute of limitations, not the statute of repose.
Moral: Time doesn't heal all wounds. Sabal Chase Homeowner's Ass'n, Inc. v. Walt Disney World Co., 726 So.2d 796 (Fla. 3DCA 1999). |
