Cape Coral, FL asked in Contracts for Florida

Q: I am in an HOA and if a previous Board did not address a rule infraction, does it get grandfathered and the time frame

Basically an infraction of a by-law or any doc; is there a time frame where it get's grandfathered in and a current Board cannot act on it.

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1 Lawyer Answer

A: It can be up to five years. It depends on if the HOA is filing suit for specific performance (a court order forcing you to comply) or breach of contract (money damages). It also depends on some other factors, but the board has five years from the date they knew or should have known (which can be a tricky argument) of the violation to file a lawsuit.

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