In short: The association lost. In The Lexi Condominium Ass’n v. Moss & Associates (Fla. 3d DCA 2023), the court affirmed summary judgment for the builder and subcontractors. Its short opinion cited cases holding that the limitations period for latent defects runs from when the owner knew or should have known of the defect.
The Facts
The Lexi Condominium Association sued its general contractor, Moss & Associates, and subcontractors over construction defects. The trial court granted partial summary judgment to the defendants on the latent defect claims, finding them time-barred. The Third District’s opinion is a short per curiam affirmance with case citations, so the detailed facts come from the parties’ arguments as described in the oral argument video, not from court findings.
According to those arguments, a 2011 turnover inspection report noted visual problems such as stucco cracking and recommended destructive testing. The association did not do destructive testing until 2019, when it found problems with post-tension cables, balconies and pool membranes. The association argued the 2011 report did not put it on notice of those hidden defects, and that the defendants had not proven when the repose period began. The defendants argued the association’s own engineer flagged the need for testing in 2011, and an eight-year wait was not diligence.
The Decision
The court affirmed without a full written opinion, citing two cases. The first, Almand Construction Co. v. Evans (Fla. 1989), held that owners who knew of settling and structural damage were on notice that they had, or might have had, a claim. The second, Alexander v. Suncoast Builders (Fla. 3d DCA 2002), held that the clock for latent defects starts when the defect is discovered or should have been discovered with due diligence.
Those citations signal the reasoning: once an owner has reason to know something is wrong, the limitations period can start, even if the full extent of the defects is not yet known. The court did not separately address the repose or certificate-of-occupancy questions raised at argument.
The Law
Construction defect claims are governed by section 95.11. In the 2026 statutes this is paragraph (3)(b): a four-year limitations period, which for latent defects runs from when the defect was or should have been discovered with due diligence. There is also an outside repose deadline, now 7 years. It runs from the earliest of a temporary certificate of occupancy, a certificate of occupancy, a certificate of completion, or abandonment of construction.
The Legislature amended this paragraph in 2023, effective April 13, 2023, the day after Lexi was decided. The repose period dropped from 10 years to 7, and the trigger dates were changed. The amendment also says each building in a multi-building project is its own improvement, and repairs do not extend the period. Condo associations also have turnover inspection and reporting rules in chapter 718.
Current law (2026): Section 95.11 was amended by ch. 2023-22, Laws of Fla. (HB 85), effective April 13, 2023. The construction claim provision is now 95.11(3)(b) (formerly (3)(c)), and the repose period is 7 years (formerly 10) from the earliest of TCO, CO, certificate of completion, or abandonment. Verified on flsenate.gov 2026 text.
Lessons
- A turnover or engineering report that flags problems or recommends more testing can start the limitations clock. Act on it.
- Latent does not mean unknown forever. Courts ask when a diligent owner should have discovered the defect.
- Under current law the outside deadline is 7 years from the earliest certificate of occupancy or completion, so delay is even riskier than when Lexi was filed.
- Boards should document follow-up on every recommendation in an inspection report.
Source: The Lexi Condominium Ass'n v. Moss & Associates, LLC, No. 3D22-0006 — Fla. 3d DCA (April 12, 2023).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Condo Construction Defects: When Do the Statutes of Limitations and Repose Start? | The Lexi v. Moss & Associates
Go Deeper
- Florida Condo Owners' Rights: Special Assessments, Records, and Disputes With the Association
- Florida's Summary Judgment Rule: How Rule 1.510 Ends Cases Without a Trial
Frequently Asked Questions
How long does a Florida condo association have to sue for construction defects?
Generally four years under section 95.11(3)(b). For latent defects the four years runs from when the defect was or should have been discovered with due diligence. Separately, a 7-year repose period runs from the earliest certificate of occupancy, certificate of completion, or abandonment. Missing either deadline can bar the claim.
Does a turnover inspection report start the statute of limitations?
It can. In Lexi v. Moss the appeals court affirmed summary judgment against an association, citing cases holding that knowledge of damage puts an owner on notice of a possible claim. Per the arguments, a 2011 report recommended destructive testing that was not done until 2019. That gap supported the defense argument that the association waited too long.
What is the statute of repose for construction defects in Florida?
Under the 2026 statutes, 7 years from the earliest of a temporary certificate of occupancy, a certificate of occupancy, a certificate of completion, or abandonment of construction. The 2023 amendment cut it from 10 years. Repose applies regardless of when the defect is discovered. That makes the repose date a firm outer limit for any construction defect suit.
What is a latent construction defect?
A defect that is hidden and not reasonably discoverable by inspection, such as corroded post-tension cables inside concrete. For latent defects the limitations period starts at discovery or when a diligent owner should have found it. Warning signs on the surface can trigger the duty to investigate further.
Talk to a Florida condominium and real estate lawyer
Weidner Law, P.A. handles Florida condominium and real estate disputes from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
