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ARTICLE · 13 JUNE 2010

Help Has Arrived for "Successor" Developers Under the Florida Condominium Act

During the past two years, lenders and investors have confronted many challenges as they have begun to acquire distressed condominiums.

United StatesReal Estate and Construction

Missy Turra, Executive Partner and Melissa Nelson, Associate are based in our Jacksonville office.

During the past two years, lenders and investors have confronted many challenges as they have begun to acquire distressed condominiums. It has become readily apparent that the provisions of the current Florida Condominium Act (the "Condominium Act") did not contemplate or adequately address the problems that occurred as a result of the distressed condominium market, particularly with respect to warranty liability, other financial liabilities and control of the condominium regime.

One of the many effects of the massive downturn in the Florida condominium market has been a lot of panicked new owners of condominium buildings with significant concerns about inheriting warranty liabilities from the previous developers and potential responsibility for poor decisions and inappropriate actions of the previous developers. Many lenders and investors have been scared away from

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