[CLC-Discussion] Condominium Conversions

[Gibbons, Michael]

Hi Rob.  Since the improvements were originally constructed as apartments and later converted to condominium form of ownership, the GC has no liability for statutory implied warranties under 718.203.  Fla. Stat. s. 717.618(9)  expressly states that the implied statutory warranties of 718.203 don’t apply under such circumstances.

“9) This section applies only to the conversion of existing improvements where construction of the improvement was commenced prior to its designation by the developer as a condominium. In such circumstances, s. 718.203<http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0718/Sections/0718.203.html> does not apply.”

In the condo conversion context, only the Developer has liability for statutory warranties and then only if the Developer fails to properly fund reserve accounts as required by 718.618.


Michael R. Gibbons  (Bio<http://lowndes-law.com/our-people/michael-r-gibbons>)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com<mailto:michael.gibbons at lowndes-law.com>
website: http://www.lowndes-law.com<http://www.lowndes-law.com/>

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From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Robert Carlson
Sent: Tuesday, June 28, 2016 10:54 AM
To: 'clc-discussion at lists.flabarrpptl.org'
Subject: [CLC-Discussion] Condominium Conversions

Pardon the interruption and happy Tuesday.

Has anyone run into a situation where you had a general contractor who contracted to build apartments and completed construction.  The plans, specifications and permits were for apartments.  However, 4 years after construction the owner converted them into condominiums with no additional construction work?  Basically just did a paper conversion.  Association is now suing for breach of Fla. Stat. 718 condominium warranties 9 years after original construction of the apartments.   God bless America…

Looking forward to hearing from the group.  Thank you!


Robert A. Carlson
Partner

Board Certified in Construction Law
[Lee-Logo-CMYK]
100 N. Biscayne Blvd., Suite 605
Miami, Florida 33132
T  305.377.2323     F  305.377.2320
www.Lee-Lawfirm.com<http://www.lee-lawfirm.com/>

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