Roselle, IL asked in Contracts, Civil Rights and Real Estate Law for Florida

Q: What is the statue of limiting on small claims in Florida,Lee County

1. Via violations of my civil rights by not following state statue 720.350 by golf club masters board and attorney advising them to do so.

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Probably four years. See Florida Statute 95.11(3)(f). But you have cited the wrong statute; there is no Florida Statute 720.350. You really need to consult with an attorney for this.

Charles M. Baron agrees with this answer

A: Do you mean Fla. Stat. 720.305? There is no 720.350. The statute of limitations on a claim against a homeowners association for breach of contract is five years. There is not enough information to determine if your civil rights have been violated because you can waive your civil rights by entering into a contract with an association. Your agreement to be bound by the contract, i.e., the Declaration of Covenants, Conditions and Restrictions is your acceptance of a deed in a community operated and managed by an association.

You will need to take a copy of the Declaration to a HOA lawyer to review and provide you with advice. The first step in litigating with a HOA is to submit the dispute to mandatory pre-suit mediation. This is not a do-it-yourself project, especially since the HOA likely has a lawyer that specializes in HOA law.

Charles M. Baron agrees with this answer

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