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5th DCAMay 6, 2022Affirmed⭐ Notable

Mattamy Florida LLC v. Reserve at Loch Lake Homeowners Ass'n, Inc.

Case No. 21-0565

A homeowners association sued the developer for construction and design defects; the developer moved to dismiss and compel arbitration, attaching only one 'exemplary' home purchase agreement and one limited warranty, with no affidavits. The Fifth DCA affirmed denial of the motion, holding Mattamy failed to carry its burden of proving an enforceable arbitration agreement binding the association's members, and that the trial court was not required to consider the 98 purchase agreements filed after the denial.

Key facts

  • Homeowners association sued developer Mattamy Florida LLC for construction and design defects in a residential community.
  • Developer moved to dismiss and compel arbitration, submitting only one sample home purchase agreement and limited warranty without affidavits or documentation linking the agreements to the association members.
  • +2 more key facts with a free trial

Why it matters

Useful for parties litigating arbitration in association-versus-developer construction defect suits, where the association's members' individual purchase agreements are the only source of the arbitration clause. The… — full analysis with a trial

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