A construction defect may become apparent long after the work was completed. That does not mean an association has unlimited time to pursue the responsible parties. Florida SB 360 became Chapter 2023-22, effective April 13, 2023, and shortened the construction statute of repose from ten years to seven years. It also changed the events used to calculate the period.
The current construction provision appears in section 95.11(3)(b). Because subsection numbering and statutory language have changed over time, the board should give its lawyer the actual project records instead of relying on an old article's citation or a single anniversary date.
Distinguish limitations from repose
The provision generally places covered construction actions within a four-year limitations framework. For a latent defect, discovery, or when discovery should have occurred with due diligence, can affect that period. The statute also sets an outside seven-year repose period tied to specified construction events. A late discovery should not be assumed to restart that outside limit.
The identified events include issuance of a temporary certificate of occupancy, certificate of occupancy, or certificate of completion, or abandonment of unfinished construction, using the earliest applicable date. That is why a final certificate alone may not be enough for the legal calculation. The statute also contains special provisions, including model homes and certain litigation claims, which counsel must evaluate where relevant.
For an improvement involving multiple buildings, each building is treated as its own improvement for determining the period. A large condominium or phased community can therefore have more than one important date. A community-wide spreadsheet should retain the source document for each entry rather than copy the date from the last building completed.
Repairs and notices do not guarantee more time
The statute states that correction or repair of specified completed work, including warranty work, does not extend the period. A contractor's willingness to investigate should therefore not be mistaken for an agreement preserving claims.
Chapter 558 adds another important distinction: its presuit notice does not toll a Chapter 95 statute of repose. The board's lawyer should coordinate the notice process, settlement discussions, and any protective litigation steps. Older claims may also require review of the 2023 act's transition provisions and the law applicable to their facts.
Practical board checklist
- Gather temporary and final occupancy certificates, completion certificates, permits, contracts, and abandonment evidence where relevant.
- Build a separate timeline for each building or improvement.
- Preserve complaints and inspection records showing when problems were observed.
- Obtain a written legal assessment of the earliest potentially controlling deadline.
- Coordinate repair negotiations and Chapter 558 notices with that deadline analysis.
- Avoid signing releases or assuming warranty work extends the time to sue.
Early review gives the board more room to investigate and negotiate. Waiting until a claim appears close to seven years old can leave too little time to protect the association's position.
Reviewed November 4, 2026. Florida educational information only. Obtain association-specific legal advice before acting.