Maronda Homes, Inc. v. Lakeview Reserve Homeowners Ass'n

Because the majority decision in this case unduly expands the scope of the common-law implied warranty of habitability enjoyed by purchasers of new homes and disregards the Legislature’s primacy in making public policy, I dissent.

In the decision under review, the Fifth District Court held that implied warranties of fitness and habitability applied to “essential services” affecting the habitability of a residence, a list including roads, drainage systems, and other off-site improvements in common areas. See Lakeview Reserve Homeowners v. Maronda Homes, Inc., 48 So.3d 902, 908. Prior to the…