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Consumer Law Keyed to Pridgen, 5th Ed.
Maronda Homes, Inc. v. Lakeview Reserve Homeowners Association, Inc.
Citation:
127 So. 3d 1258 (2013)Facts
Maronda Homes developed a residential subdivision in Orange County, Florida, and incorporated Lakeview Reserve to serve as the homeowners association. Maronda Homes and T.D. Thomson Construction performed all infrastructure and site work, including construction of storm-water drainage systems and private roadways. After Lakeview Reserve assumed management control, residents reported numerous problems including water and drainage issues causing flooded driveways, collapsed storm drain runoffs creating depressions that obstructed driveway use, standing stagnant water persisting for days after rain, soil erosion and land depressions, leaking storm-water pipes causing erosion between properties, buckling and splitting of pavement and asphalt, and excessive flooding of retention ponds creating safety hazards and mosquito infestation. An independent consulting engineer found that water saturation defects damaged roadways, defective clay fill soil caused standing shallow groundwater and defective drainage, fifteen to twenty percent of pipes required repair, soil erosion and defective runoff directly impacted thirty-six residential properties, and retention walls were necessary on thirty-nine properties to prevent progressive erosion.
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