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STRATHMORE GATE-EAST, GEORGE HOMEOWNERS' ASS'N INC. v. LEVITT HOMES, INC.

Nos. 87-2776, 87-3114.

537 So.2d 657 (1989)

STRATHMORE GATE-EAST AT LAKE ST. GEORGE HOMEOWNERS' ASSOCIATION INC., and Rocco Galletta and Lucy M. Galletta, His Wife, On Behalf of Themselves and All Others Similarly Situated, Appellants, v. LEVITT HOMES, INC., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied February 2, 1989.

Attorney(s) appearing for the Case

Laura J. Rayburn and Robin M. George of Laura J. Rayburn, P.A., Dunedin, for appellants.

Brian P. Battaglia of Battaglia, Ross, Hastings, Dicus and Andrews, St. Petersburg, for appellee.

DANAHY, Acting Chief Judge.

The appellants are an association of homeowners (the Association) and two individual homeowners who appeal from adverse judgments in their effort to hold the developer of their residential community, the appellee, liable for construction defects in the common areas of the residential community. We reverse the judgment on the pleadings in favor of the developer and against the Association.

The residential community is not a condominium...

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