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.
Key facts
- Gallery One is a mixed-use condominium with residential, commercial, and hotel units; its Declaration, recorded in Broward County in 2005, designated utilities, HVAC systems, wiring, conduits, and related infrastructure as 'Shared Components of the Hotel Unit' rather than 'Common Elements,' effectively transferring ownership and maintenance responsibility to the hotel unit owner.
- In 2022, Terrace Gallery, LLC — a residential unit owner that acquired title in 2019 — filed a two-count complaint seeking a declaration that the Declaration violated Chapter 718 of the Florida Statutes and reformation of the Declaration to comply with Florida law, relying on IconBrickell Condominium No. Three Ass'n v. New Media Consulting, LLC, 310 So. 3d 477 (Fla. 3d DCA 2020).
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Holdings
- Section 718.110(10), Florida Statutes, imposes a three-year statute of repose measured from the recording of the declaration; it bars any action that substantively challenges whether the…
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