HOA's case helps protect homeowners against defective construction

12/17/2013 | Destin Log (Fla.), The

Homeowners and homeowners associations in Florida are protected against costs from damage inflicted during home building under a ruling by the Florida Supreme Court in a lawsuit involving the Lakeview HOA in Orange County and Maronda Homes, lawyer William Martin writes. The HOA took the developer to court over what the HOA said were structural defects to nonresidential infrastructure that it discovered after gaining control over the development. The Supreme Court weighed in on a key element in the case: whether defects in infrastructure "essential to the habitability of the residence" are protected under implied warranties by builders, Martin writes.

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