In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years. The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago.
Florida Recorded Document Search - Visit the county recorder's office where the property is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents.
The state law, passed in 2022, requires associations to have sufficient reserves to cover major repairs.
Under new state regulations, iniums must maintain financial reserves for major repairs and conduct structural inspections for buildings three stories or taller. Gov. Ron DeSantis signed the law in response to the partial collapse of Champlain Towers South, which killed 98 people in Surfside in June 2021.
Florida inium owners are looking at higher costs from condo associations in the new year, a consequence of a safety law passed by state lawmakers in 2022. It requires associations to have sufficient reserves to cover major repairs and to conduct a survey of reserves every decade.
The Florida Homeowners Association Act, Statute 720(Opens in a new window), requires that the affirmative vote of two-thirds of the voting interests of the association agree to amend any governing document of an association. This ensures that any amendments meet the approval of a healthy majority within the community.
As a condo owner, you hold exclusive ownership rights to your individual unit, allowing you to occupy, modify, or sell it. These rights extend to the interior space of your unit, subject to the governing documents of the inium association.