Lennar Homes, LLC v. Martinique at the Oasis Neighborhood Association, Inc.
Lennar appealed the denial of its motion to compel arbitration of a homeowners association's construction-defect suit brought in a representative capacity under section 720.303(1) and Rule 1.221. The Third DCA reversed, aligning with the Second District's Pulte decision and holding that an association suing on behalf of its members must comply with the arbitration agreements those members signed in their purchase and sale agreements and special warranty deeds. The court also held that section 720.3075(1)(b)'s public-policy prohibition applies only to 'homeowners' association documents' and thus does not void an arbitration clause in a purchase agreement or deed.
Key facts
- Lennar Homes, a developer, appealed the trial court's denial of its motion to compel arbitration of a construction-defect lawsuit brought by Martinique at the Oasis Neighborhood Association, Inc. on behalf of its members.
- The homeowners association sued in a representative capacity under Florida law alleging defects in stucco, stone cladding, and decorative moldings located on individually owned properties, seeking to avoid arbitration agreements the individual homeowners had signed in their purchase and sale agreements and special warranty deeds.
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Why it matters
This is the Third DCA's first square adoption of Pulte, creating aligned authority in two districts that developers can invoke to compel arbitration of association-brought construction-defect claims despite the… — full analysis with a trial
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