By David R. Corder
Apr 23, 2001
MIAMI-It is uncertain whether any real opportunity exists for the remaining piece of legislation that once proposed
new restrictions on liability claims filed against developers of multifamily condominium projects in Florida. Only
a few original provisions remain in the committee substitute bill that replaces the legislation that Rep. Allan
G. Bense (R-Panama City) filed last month in the state House of Representatives.
In committee action last week, members of the House Council for Smarter Government removed a key provision from
the bill. The measure sought to restrict condominium associations from using more than 50% of any assessment made,
but not yet collected, as collateral to finance litigation against a developer or to remedy construction defects.
During a hearing the week before, the House Committee on Judicial Oversight removed another key provision. That
measure sought to prohibit condo associations from filing a civil action for fraud or misrepresentation against
building developers. Instead, the bill would have put the onus for such litigation squarely on the backs of individual
owners of condo units.
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