🏢 Florida Condo Boards: Don’t Miss the Deadline to File a Chapter 558 Construction Defect Claim

Hello, World!

If your condo building is approaching its third or fourth year since completion or turnover, you may be on the edge of losing the right to hold the developer or builder accountable for construction defects.

Florida law gives you a window to act — but if your board misses that window, repairs that should’ve been coveredwill be paid out of your reserves. Or worse — passed on to owners via special assessments.

This guide will walk you through the real-world timeline, legal risks, and how AERIALLY.AI helps Florida condo boards document defects and file airtight claims under Chapter 558 — before the clock runs out.

🧾 What Is Chapter 558 — and Why Should Boards Care?

Chapter 558 of the Florida Statutes is known as the Construction Defect Notice & Opportunity to Cure law. It requires condo associations to serve a pre-suit notice of claim (commonly called a “558 notice”) before filing a lawsuit over construction defects.

But it’s not just a formality. It’s your first and last chance to:

• Put developers and contractors on legal notice

• List specific defects, not just vague complaints

• Give them a chance to inspect and respond

Without that notice, you can’t sue — and if you wait too long to send it, your claim can be barred altogether.

📅 Know Your Deadlines: 3-Year, 4-Year, and 5-Year Rule Breakdown

Here’s how the timelines really work for Florida condos:

Legal Clock	What It Covers	When It Starts	Deadline
1-Year Warranty	Workmanship & finish in units / common areas	Turnover or first occupancy	1 year
3-Year Warranty	Roof, structural, plumbing, HVAC, elevators	Turnover to board	3 years
558 Notice (Required)	Required before legal action	Before defect claim filing	60–120 days pre-suit
Statute of Limitations	Defects discovered or should’ve been discovered	Date of discovery	4 years
Statute of Repose	Max legal deadline (even for hidden issues)	Completion / Certificate of Occupancy	10 years (5 in some condo cases)

⚠️ Some defects (like HVAC failures or roof leaks) may no longer be covered after Year 3.

⚠️ If you wait until Year 4.5, you may not have enough time to inspect, document, serve notice, and resolve the claim before warranty rights expire.

👇 Colloquially? You’ve Got One Shot to “Make Your Claim Stick”

In Florida, attorneys, engineers, and property managers often refer to these as:

• “Warranty Claims”

• “Developer defect claims”

• “558 construction claims”

• “Post-turnover defect packages”

Technically, Chapter 558 is not a “warranty claim,” but this is the industry shorthand. Condo boards just want to know:

“Can we get the builder to pay for this before it hits our reserves?”

The answer? Only if you document everything — thoroughly, professionally, and before time runs out.

🔍 How AERIALLY.AI Helps You Document and Deliver the Claim

The 558 notice must include detailed info — vague complaints won’t work.

AERIALLY.AI provides:

✅ 1. Full-Building Visual + Thermal Drone Inspection

• 100% facade + roof coverage (no lifts or swing stages)

• Detects cracks, spalling, water intrusion, gaps, sealant failures

✅ 2. AI-Powered Defect Detection

• We flag hundreds of issues, even small ones most engineers miss

• AI tags and categorizes defects by severity and location

✅ 3. Exportable Report Package

• PDF defect reports

• Excel issue logs (perfect for legal teams)

• Orthomosaics + 3D Digital Twin of your building

✅ 4. Engineer Integration (Signed + Sealed)

• Our scan data is used by:

  • DKK Consulting Inc.

  • CORE Structural Engineers

• They write and stamp the engineering opinions and letters needed to attach to your 558 notice or legal packet

You walk away with everything your attorney and engineer need to build a strong, defensible claim.

💰 Real Financial Impact: A 10x–100x ROI in Some Cases

Here’s a real-world outcome:

Initial claim estimate from engineer: ~$850,000
Post-scan adjusted claim with thermal + AI: $2.1 million
Cost of scan + report: ~$18,000
Time to complete: 1 day scanning + 5 days processing
Return: Over 100x ROI by identifying hidden defects

When boards skip this step, they often leave $500K–$2M unclaimed because the issues weren’t properly documented in time.

🧨 What Happens If You Miss It?

If your board fails to act in time, here’s what you may face:

• Loss of legal rights to file a claim

• Special assessments to fund unplanned facade or roof repairs

• Increased insurance premiums due to undocumented issues

• Board liability for not pursuing developer accountability

• Bad faith negotiations with no proof in hand

We’ve seen buildings go from proactive to bankrupt just because they delayed inspection until it was too late.

🗓️ When to Start (Year 3 Is the Real Deadline)

If your building is in:

• Year 3: Start now. You’re within the window to catch 3-year warranty items and still prep for a 558 notice.

• Year 4: You still have time, but act immediately. The defect clock is ticking.

• Year 5: Final hour. If you haven’t served notice yet, you may already be losing claims.

• Year 6+: You may still claim for latent issues under the 10-year statute of repose, but it's a much harder fight.
  
  

👤 Who This Applies To

This isn’t just for big buildings.

• Condo Boards nearing developer turnover

• Boards unsure if their engineer missed something

• Properties with leaks, cracking, or early paint/stucco failure

• Mid- and high-rise buildings in South Florida

• FirstService, KW, Castle Group–managed properties

• HOAs trying to avoid draining reserve funds in 2025–2026

✅ Summary: Your 558 Claim Survival Checklist

Step	Action	Who Helps
1. Inspect Early	Drone + Thermal Scan	AERIALLY.AI
2. Flag Every Defect	AI-Detection + Issue Tagging	AERIALLY.AI
3. Review + Stamp	Engineer’s Report (based on drone data)	DKK / CORE Structural Engineers
4. Send 558 Notice	Legal letter + full defect package	Condo Association Attorney
5. Resolve or File Suit	Negotiate or escalate with full documentation	Legal Counsel

🔍 Key Clarifications + Language Updates (Colloquial + Legal Accuracy)

Term Used	Why We Used It
“558 Claim” / “558 Notice”	Common shorthand for Florida’s Chapter 558 Pre-Suit Notice process — widely understood in the industry.
“Warranty Claim”	Used informally by boards to describe post-turnover defect complaints; not a statutory term, but common lingo.
“Claim Value”	Refers to the estimated financial impact or recovery amount from a claim — not a legal guarantee.
“AI-Powered Defect Detection”	Helps differentiate our method from manual inspections; clearly explains the tech advantage.
“Developer Accountability”	Easier for board members to understand than terms like “liable party” or “respondent.”
“Return on Investment”	Real-world framing based on actual outcomes; persuasive for boards comparing cost vs. benefit.
“Statute of Repose”	Legal term often confused by boards; we use it to explain Florida’s hard cutoff for defect claims.

📞 Book a Free Consultation

Want to know where your building stands?
We’ll tell you exactly how much time you have left — and what it’ll take to build a bulletproof package.

📞 Call: (347) 998-1464
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