Legal Question in Real Estate Law in Florida

If a recorded amendment to an HOA Declaration did not have the approval required by the Declaration, is it void ab intio? The HOA Declaration required the signed consent of 90% of the lot owners for amendment. The developer was the only signer of the amendment, after having already sold 116 out of 117 lots. Is that amendment therefore void ab initio (as opposed to being merely voidable)? If so, then is it correct that after 20 years, the statute of limitations would not preclude a challenge to the amendment on that basis?


Asked on 3/14/16, 4:48 pm

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

I would have to see the amendment as well as the HOA documents to hazard an opinion. It may we depend on the vesting of ownership or some other provision of the HOA documents.

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Answered on 3/15/16, 2:44 pm


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