C. LEGISLATION AFFECTING ALL COMMUNITY ASSOCIATIONS - House Bill 1899

Actions for Construction Defects(558.001 through 558.005) During the 2003 legislative session, Florida Statutes, Chapter 558 was created which provided pre-suit procedures for parties to residential construction defect claims. Specifically, the new law required that claimants, including homeowners, subsequent purchasers or associations, to provide notice and an opportunity to inspect and repair prior to commencing a lawsuit based on alleged construction defects. The 2003 legislation also provided for an alternative dispute resolution mechanism in certain construction defect matters.

Among other things, the 2004 legislation does the following:

1) extends the timetable for pre-suit procedures that parties to a construction defect claim must follow;

2) clarifies the statute’s application by making changes to its definitions;

3) introduces the right of any person receiving a claim under Florida Statutes, Section 558.004(1), to request destructive testing to determine the nature and cause of alleged defects; and

4) requires the parties to exchange all available discoverable evidence relating to the alleged construction defects upon request, during the construction defect claim pre-suit process.

Effective July 1, 2004

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