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J D Haas
J D Haas, Lawyer
Category: Real Estate Law
Satisfied Customers: 2998
Experience:  23 years of real estate trial law experience.
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What is the statute of limitations in Florida to seek ...

Customer Question

What is the statute of limitations in Florida to seek a declaratory judgement to deem an amendment to a homeowners association by-laws unenforceable or illegal?
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  J D Haas replied 6 years ago.
Statute of limitation in Florida for contracts is 5 years for written contracts and 4 years for verbal contracts. Please see this article for more information: http://www.expertlaw.com/library/limitations_by_state/Florida.html

Please be aware that the parties can shorten this time by contract. If the contract states that the statute of limitation is 3 years, and you agreed to this term, then the statute of limitation may be 3 years.

Please consult with a FL real estate or condo. lawyer immediately for a full discussion of your rights given your contract. Best wishes.

I hope that I have helped you, answered all of your questions,
and that I have provided you with useful information.
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Please be aware that my answer is not legal advice,
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Customer: replied 6 years ago.
Reply to J D Haas's Post: i want to know specifically what the statute of limitations on seeking a declaratory judgment on the validity of an amendment to homeowners association by-laws in the State of Florida. I am an attorney and already know a contract action is 5 years. i was looking for a specific answer about accrual and declaratory judgements
Expert:  J D Haas replied 6 years ago.
I have opted out and sent this to a Florida attorney who is active on this board. Thanks and good luck!
Expert:  J D Haas replied 6 years ago.
After further research: 4 years:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/Sec11.HTM

§ 95.11(3)(p)

Florida courts have interpreted the declaratory judgment sol to be 4 years under 95.11 (3)(p):

http://www.floridalitigationguide.com/guide/16.php

Thanks and I apologize for the confusion.

I hope that I have helped you, answered all of your questions,
and that I have provided you with useful information.
Please ask more questions if I have not answered all of your
questions.

In the future, if you would like to specifically ask me a question,
you can ask for me in the body of the question.


Please be aware that my answer is not legal advice,
it is merely information. The only way that I am legally
responsible for your legal rights is if you have signed
a written retainer agreement with my law firm.
Customer: replied 6 years ago.
Relist: I still need help.
the answer was not specific

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