Published in Central Florida Times Newsletter
In an article published in the Third Quarter 2026 edition of the Central Florida Times Newsletter (advance to page 30), Ball Janik LLP Partner Keegan A. Berry explains why community association boards must carefully investigate potential construction defect claims before signing turnover documents containing broad releases. The article offers practical guidance for Florida condominium and homeowners association boards navigating developer turnover, latent defects, construction defect deadlines, and informed decision making.
“Boards should treat any proposed release as a major legal decision, not an administrative formality,” Berry writes. “A release can waive construction defect claims, known and unknown, before the association has had a meaningful opportunity to investigate.”
Berry encourages boards to preserve turnover records, retain an independent forensic engineer for evaluation, understand Florida presuit notice requirements, and identify applicable limitation and repose deadlines as early as possible. These steps help boards evaluate whether visible issues such as cracking, water intrusion, or window leaks may point to more significant building envelope, systems, or structural concerns.
“Turnover should be viewed as the beginning of diligent governance, not the end of the developer’s accountability,” Berry writes. “A board’s best protection is to investigate first, make informed decisions second, and release claims, if any at all, only after the community understands what it is giving up and after review by legal counsel.”
Read the article in full here (advance to page 30).