Five-Year Statute of Limitation Applies to Reformation of Written Instrument Claim

Claims have a statute of limitations.  Claims outside the statute of limitations are time barred.  In an interesting case dealing with the statute of limitations, an association sued homeowners to try to reform a declaration that was recorded fifteen years earlier.  The declaration excluded the residential phases theses homes were situated in.  While numerous homeowners consented to being governed by the declaration, two homeowners did not. The association wanted the court to reform the declaration so that these homes would be bound by the declaration. The homeowners argued that the association’s reformation claim was barred by the five-year statute of limitations...