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LAKEVIEW RESERVE HOMEOWNERS v. MARONDA HOMES

No. 5D09-1146.

48 So.3d 902 (2010)

LAKEVIEW RESERVE HOMEOWNERS, etc., et al., Appellant, v. MARONDA HOMES, INC., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

October 29, 2010.

Attorney(s) appearing for the Case

Robyn Severs Braun and Patrick C. Howell of Taylor & Carls, P.A., Altamonte Springs, for Appellant.

Thomas R. Slaten, Jr. , and John C. Palmerini of Larsen & Associates, P.A., Orlando, Amicus Curiae, Community Associations Institute, Mid Florida Chapter, in support of Appellant.

Steven L. Brannock of Brannock & Humphries, Tampa, Scott Johnson and Heather Pinder Rodriguez of Holland & Knight LLP, Orlando, for Appellee Maronda Homes, Inc. of Florida.

Stephen W. Pickert and Anthony R. Kovalcik of Moye, O'Brien, O'Roarke, Pickert & Martin, LLP, Maitland, for Appellee T.D. Thomson Construction Co.

Nicholas A. Shannin of Page, Eichenblatt, Bernbaum & Bennett, P.A., Orlando, and Keith C. Hetrick , Tallahassee, Amicus Curiae , Florida Home Builders Association, in support of Appellee.

ROBERTS, C.J., Associate Judge.

Lakeview Reserve Homeowners Association, Inc. ("the Association") appeals from the final summary judgment entered in favor of Maronda Homes, Inc. and T.D. Thomson Construction Company (collectively "the Developer")1. The sole issue for our review is whether a homeowners association has a claim for breach of the common law implied warranties of fitness and merchantability, also referred to as a

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