Florida Court Expands Homeowner Association Implied Warranties: HB1013 and SB 1196 Help Florida Developers By Holding Implied Warranties Status Quo


Florida developers and Florida real estate investors are monitoring not only what happens on appeal in the case of Lakeview Reserve HOA vs. Maronda Homes but also what the Florida Legislature is doing with HB 1013 and its Senate version, SB 1196.  Florida community interest groups are also watching closely, sitting on the other side of the fight from Florida developers. 

All this activity in both the Florida courts and the Florida statehouse has to do with one big issue -- who will bear financial responsibility for defects in certain community improvements -- sidewalks, driveways, drainage ditches, utilities, roadways, and other parts of a neighborhood that are important to its livability but are not tied to one specific tract or home.  

In Lakeview Reserve HOA, Florida's Fifth Circuit Court of Appeals reviewed and disagreed with the trial court's decision that a homeowners' association was not responsible for certain defects in community improvements.

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