Thursday, December 3, 2009

Condo Association allowed to pursue construction bond

In an interesting split decision, the 1st District Court of Appeal has decided that, under Florida law, a condominium association may sue under a performance bond issued by a surety in favor of a developer and enforcable only by the 'owner and its ... successors'.

In a decision yet to be published (Marseilles Condominium Owners Ass'n, Inc. v. Travelers Cas. and Sur. Co. of America --- So.3d ----, 2009, App. 1 Dist., October 30, 2009), the majority held that the condo association is a "successor" to the owner (the developer) who may enforce the bond. This is interesting; as the dissent points out, the association does not typically step into the shoes of the developer except insofar as it ultimately manitains and controls the common elements of the condo -- the association is not a successor in ownership (it never owns the units or the common areas). Therefore, doesn't it seem like a stretch to deem an association which is not a successor in ownership to be a party able to enforce a bond which expressly limits its protection to the owner and its successors?