The Compressed Clock: Prosecuting Condo and HOA Defect Claims Under the Colorado and Florida Reforms

This session walks condominium and HOA counsel through the critical steps required to investigate, preserve, notice, authorize, and file construction defect claims under the evolving Florida and Colorado frameworks. Using practical examples, the session will examine shortened repose periods, association authorization requirements, pre-suit notice procedures, inspection and mitigation considerations, and the interaction between investigation, settlement discussions, and the litigation clock. Particular attention will be given to Colorado’s 65% owner-approval requirement and Florida’s Chapter 558 process, with a focus on how counsel can build a claim timeline that preserves the association’s ability to pursue recovery.

This session examines how association counsel can evaluate and present construction defect damages when the anticipated recovery does not fully cover the cost of remediation. The discussion will address repair costs, construction-cost escalation, diminution in value, consequential damages, attorneys’ fees and litigation expenses, and the evidence needed to support a complete damages presentation. The session will also examine what happens when the association’s recovery falls short of the cost to repair, including the legal and practical considerations surrounding special assessments, reserves, and other funding options.