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TARA MANATEE, INC. v. FAIRWAY GARDENS AT TARA CONDOMINIUM ASS'N, INC.

No. 2D02-3717.

870 So.2d 32 (2003)

TARA MANATEE, INC., a Florida corporation, Appellant, v. FAIRWAY GARDENS AT TARA CONDOMINIUM ASSOCIATION, INC., a not-for-profit corporation, Appellee.

District Court of Appeal of Florida, Second District.

September 12, 2003.

Attorney(s) appearing for the Case

Thomas E. Maloney and Edmond E. Koester of Quarles & Brady LLP, Naples, for Appellant.

Andrew H. Cohen of Hankin, Persson, Davis, McClenathen & Darnell, Sarasota, for Appellee.

FULMER, Judge.

In this appeal, we are asked to determine whether the developer of a nonphased condominium project is required to fund reserves for the maintenance of condominium units that had not yet been constructed at the time that control of the condominium association was turned over from the developer to the association. We conclude that the developer is not required to fund maintenance reserves for unbuilt units and, therefore, reverse the summary judgment...

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