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Construction Law Authority / Legislation  / SB 1196 (Anti-Maronda) heading to Senate Judiciary Committee

SB 1196 (Anti-Maronda) heading to Senate Judiciary Committee

With the legislative session in full swing it appears that some legislators are pushing SB 1196 and its companion HB 1013, and are determined to wipe out common law implied warranties relating to residential construction. SB 1196 is sponsored by Senator Michael S. "Mike" Bennett (R), and HB 1013 is sponsored by Representative Frank Artiles(R). These bills are an overreaction to the recent opinion in Lakeview Reserve Homeowners v. Maronda Homes, Inc., 48 So. 3d 902 (Fla. 5th DCA 2010).

As noted previously, and also here, here and here, these bills:

       -Would negatively impact homeowner associations, condominiums, co-ops, timeshares and mobile home parks as the term “home” is an all-encompassing term.

       –Ignores the fact that most new residential dwellings are built in planned communities

       –Expose homeowners to liability to repair defective construction and design for which they have no recourse

       -Homeowners who fail to pay their assessments for these repairs can have their homes foreclosed upon

       –Will result in homeowners being stuck with shoddy construction with no remedy

 

SB 1196 has been noticed for public hearing before the Judiciary committee on Tuesday January 31, 2012, at 3:30pm, and per the agenda will be item #3 to be considered. Once past this committee the bill will move to the budget committee, although that hearing has not yet been noticed. 

The members of the Community Affairs committee are:

Chair: Senator Anitere Flores (R)

Vice Chair: Senator Arthenia L. Joyner (D)

·      Senator Oscar Braynon, II (D)

·      Senator Andy Gardiner (R)

·      Senator Garrett Richter (R)

·      Senator David Simmons (R)

·      Senator John Thrasher (R)

Clicking on the names above will take you to each senators page on the senate website and has the contact information for each. Please contact these senators before Tuesday’s hearing and let them know that this bill is bad for Floridians.

Sanjay Kurian

Sanjay Kurian

skurian@bplegal.com

Sanjay Kurian is a Board Certified Construction Lawyer and is a member of the Firm’s Construction Law and Litigation group. He is AV Rated Preeminent by Martindale-Hubbell. He has also been selected again as a Super Lawyer in 2017, which is a recognition by his peers of the top 5% of lawyers in Florida.

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