Condominium Conversions
Pardon the interruption and happy Tuesday.
Has anyone run into a situation where you had a general contractor who contracted to build apartments and completed construction. The plans, specifications and permits were for apartments. However, 4 years after construction the owner converted them into condominiums with no additional construction work? Basically just did a paper conversion. Association is now suing for breach of Fla. Stat. 718 condominium warranties 9 years after original construction of the apartments. God bless America...
Looking forward to hearing from the group. Thank you!
Robert A. Carlson
Partner
Board Certified in Construction Law
[Lee-Logo-CMYK]
100 N. Biscayne Blvd., Suite 605
Miami, Florida 33132
T 305.377.2323 F 305.377.2320
www.Lee-Lawfirm.comhttp://www.lee-lawfirm.com/
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I have not had to deal with it directly, but see the attached case from South Carolina.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Robert Carlson
Sent: Tuesday, June 28, 2016 10:54 AM
To: 'clc-discussion@lists.flabarrpptl.org' clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Condominium Conversions
Pardon the interruption and happy Tuesday.
Has anyone run into a situation where you had a general contractor who contracted to build apartments and completed construction. The plans, specifications and permits were for apartments. However, 4 years after construction the owner converted them into condominiums with no additional construction work? Basically just did a paper conversion. Association is now suing for breach of Fla. Stat. 718 condominium warranties 9 years after original construction of the apartments. God bless America...
Looking forward to hearing from the group. Thank you!
Robert A. Carlson
Partner
Board Certified in Construction Law
[Lee-Logo-CMYK]
100 N. Biscayne Blvd., Suite 605
Miami, Florida 33132
T 305.377.2323 F 305.377.2320
www.Lee-Lawfirm.comhttp://www.lee-lawfirm.com/
CONFIDENTIALITY NOTICE: This e-mail message and the information it contains are intended to be privileged and confidential communications protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you have received this e-mail message in error, please notify the sender by e-mail at rcarlson@lee-lawfirm.commailto:rcarlson@lee-lawfirm.com and permanently delete this message.
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Catrina Markwalter
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Phone: (904) 647-6476
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Email: cmarkwalter@gillisway.com
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[v20151121]
Hi Rob. Since the improvements were originally constructed as apartments and later converted to condominium form of ownership, the GC has no liability for statutory implied warranties under 718.203. Fla. Stat. s. 717.618(9) expressly states that the implied statutory warranties of 718.203 don’t apply under such circumstances.
“9) This section applies only to the conversion of existing improvements where construction of the improvement was commenced prior to its designation by the developer as a condominium. In such circumstances, s. 718.203http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0718/Sections/0718.203.html does not apply.”
In the condo conversion context, only the Developer has liability for statutory warranties and then only if the Developer fails to properly fund reserve accounts as required by 718.618.
Michael R. Gibbons (Biohttp://lowndes-law.com/our-people/michael-r-gibbons)
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
215 N. Eola Drive
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons@lowndes-law.commailto:michael.gibbons@lowndes-law.com
website: http://www.lowndes-law.comhttp://www.lowndes-law.com/
[cid:image001.jpg@01D1D12D.F1722C20]
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Robert Carlson
Sent: Tuesday, June 28, 2016 10:54 AM
To: 'clc-discussion@lists.flabarrpptl.org'
Subject: [CLC-Discussion] Condominium Conversions
Pardon the interruption and happy Tuesday.
Has anyone run into a situation where you had a general contractor who contracted to build apartments and completed construction. The plans, specifications and permits were for apartments. However, 4 years after construction the owner converted them into condominiums with no additional construction work? Basically just did a paper conversion. Association is now suing for breach of Fla. Stat. 718 condominium warranties 9 years after original construction of the apartments. God bless America…
Looking forward to hearing from the group. Thank you!
Robert A. Carlson
Partner
Board Certified in Construction Law
[Lee-Logo-CMYK]
100 N. Biscayne Blvd., Suite 605
Miami, Florida 33132
T 305.377.2323 F 305.377.2320
www.Lee-Lawfirm.comhttp://www.lee-lawfirm.com/
CONFIDENTIALITY NOTICE: This e-mail message and the information it contains are intended to be privileged and confidential communications protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you have received this e-mail message in error, please notify the sender by e-mail at rcarlson@lee-lawfirm.commailto:rcarlson@lee-lawfirm.com and permanently delete this message.
CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication, or any attachments thereto, was not written to be used and cannot be used for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
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Robert been through this before in a case where I represented a
subcontractor in Tampa. Email me direct and I can have my office try and
locate the applicable motions involved in our case. Cheers
On Tuesday, June 28, 2016, Robert Carlson rcarlson@lee-lawfirm.com wrote:
Pardon the interruption and happy Tuesday.
Has anyone run into a situation where you had a general contractor who
contracted to build apartments and completed construction. The plans,
specifications and permits were for apartments. However, 4 years after
construction the owner converted them into condominiums with no additional
construction work? Basically just did a paper conversion. Association is
now suing for breach of Fla. Stat. 718 condominium warranties 9 years after
original construction of the apartments. God bless America…
Looking forward to hearing from the group. Thank you!
Robert A. Carlson
Partner
Board Certified in Construction Law
[image: Lee-Logo-CMYK]
100 N. Biscayne Blvd., Suite 605
Miami, Florida 33132
T 305.377.2323 F 305.377.2320
www.Lee-Lawfirm.com http://www.lee-lawfirm.com/
CONFIDENTIALITY NOTICE: This e-mail message and the information it
contains are intended to be privileged and confidential communications
protected from disclosure. If you are not the intended recipient, any
dissemination, distribution or copying is strictly prohibited. If you have
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at rcarlson@lee-lawfirm.com
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permanently delete this message.
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Thamir A.R. Kaddouri, Jr.,Esq.
Law Office of Thamir A.R. Kaddouri, Jr., P.A.
3220 West Cypress St
Tampa, Fl 33607
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FYI - I have studied the SC based Order for application to other similar SC cases. The Beach Co. case is very fact / transactional language specific and does not include detailed statutory controls as with Florida based condominium conversions. SC’s statutes on same topic are very limited / weak.
Christopher H. Pearce, Esquire
Principal Attorney
Certified Mediator / Arbitrator
The Pearce Law Group, PC
1309 Professional Drive, Suite 202
Myrtle Beach, SC 29577
Phone (843) 839-3210, Ext. 101 | Fax (843) 839-3214
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From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Catrina Markwalter
Sent: Tuesday, June 28, 2016 11:06 AM
To: Robert Carlson; 'clc-discussion@lists.flabarrpptl.org'
Subject: Re: [CLC-Discussion] Condominium Conversions
I have not had to deal with it directly, but see the attached case from South Carolina.
Catrina Markwalter
Partner
[cid:image002.png@01D1D132.654C1530]
Phone:
(904) 647-6476tel:(904)%20647-6476
Mobile:
(904) 334-5263tel:(904)%20334-5263
Email:
cmarkwalter@gillisway.commailto:cmarkwalter@gillisway.com
Address:
Gillis Way & Campbell
1022 Park Street, Suite 308
Jacksonville, FL 32204http://1022%20Park%20Street,%20Suite%20308%20Jacksonville,%20FL%2032204
[Gillis Way & Campbell]http://gillisway.com/
CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. [v20151121]
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Robert Carlson
Sent: Tuesday, June 28, 2016 10:54 AM
To: 'clc-discussion@lists.flabarrpptl.org' <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org>
Subject: [CLC-Discussion] Condominium Conversions
Pardon the interruption and happy Tuesday.
Has anyone run into a situation where you had a general contractor who contracted to build apartments and completed construction. The plans, specifications and permits were for apartments. However, 4 years after construction the owner converted them into condominiums with no additional construction work? Basically just did a paper conversion. Association is now suing for breach of Fla. Stat. 718 condominium warranties 9 years after original construction of the apartments. God bless America…
Looking forward to hearing from the group. Thank you!
Robert A. Carlson
Partner
Board Certified in Construction Law
[Lee-Logo-CMYK]
100 N. Biscayne Blvd., Suite 605
Miami, Florida 33132
T 305.377.2323 F 305.377.2320
www.Lee-Lawfirm.comhttp://www.lee-lawfirm.com/
CONFIDENTIALITY NOTICE: This e-mail message and the information it contains are intended to be privileged and confidential communications protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you have received this e-mail message in error, please notify the sender by e-mail at rcarlson@lee-lawfirm.commailto:rcarlson@lee-lawfirm.com and permanently delete this message.
CIRCULAR 230 DISCLOSURE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication, or any attachments thereto, was not written to be used and cannot be used for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
