The Florida Condominium Act Provides Warranty of Fitness and Merchantability

The Port Marina Condominium Association, Inc. v. Roof Services, Inc., 4D12-3693 (Fla. 4th DCA 2013):

The Florida Condominium Act provides for a warranty of fitness and merchantability as to work provided by contractors and materials provided by suppliers for condo developments, but not as to the manufacture of construction materials. Port Marina filed a complaint, seeking relief from GAF Materials Corporation under Florida’s Condominium Act. The trial court dismissed Port Marina’s complaint against GAF for failure to sufficiently allege that GAF was a supplier.


Pulte Home Corp. v. Bay at Cypress Creek Homeowners’ Assoc. Inc., 2D13-316 (Fla. 2d DCA 2013):

Pulte Home Corp. sought review of an order denying its renewed motion to compel arbitration of an action brought by Bay at Cypress Creek Homeowners’ Association (“HOA”) for alleged building code violations under Florida Statute §553.84. The Second District reversed the order under review on the authority of Pulte Home Corp. v. Vermillion Homeowners Ass’n, 109 So. 3d 233 (Fla. 2d DCA 2013).