Gallery One Condominium Association, Inc. v. Terrace Gallery, LLC, et al.
A residential unit owner filed suit in 2022 challenging a 2005 mixed-use condominium declaration that designated utilities and HVAC infrastructure as hotel-unit property rather than common elements, seeking invalidation and reformation under Florida's Condominium Act. The Fourth DCA reversed the trial court's summary judgment in favor of the unit owner, holding the claim was extinguished by both the three-year statute of repose in section 718.110(10) and the five-year statute of limitations in section 95.11(2)(b). The court held that regardless of how the claim was framed, its substance challenged compliance with mandatory formation requirements, and that the limitations period accrued at the date of recording — not the date the plaintiff acquired title seventeen years later.
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