Terrace Gallery, LLC v. Gallery One Condominium Association, Inc.
A residential unit owner's 2022 suit to invalidate and reform a mixed-use condominium declaration recorded in 2005—challenging the declaration's exclusion of utilities from "Common Elements" in favor of "Shared Components of the Hotel Unit"—was time-barred under both the three-year statute of repose in § 718.110(10) and the five-year statute of limitations in § 95.11(2)(b). The Fourth DCA reversed the trial court's summary judgment for the unit owner, holding that the substance of the complaint, not its label, determined that it was an action to determine compliance with the mandatory formation requirements for a condominium. The court further held that for actions seeking to invalidate or reform a condominium declaration, the statute of limitations accrues on the recording date, not on the date the plaintiff later acquired title.
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