CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida
...196 Mona Lisa concedes that 11 of the purchasers’ contracts do not contain the required disclosure on the first page, but offers no explanation for this failure. Instead, Mona Lisa argues the omission was unintentional and seeks the protection under the good faith exception in § 718.505....
...ly was pushed to the second page because of an amendment to the contract. 200 A closer read of the entire Florida Condominium Act as a whole indicates certain errors or omissions, like the one in Cuel-lar, are excusable upon a showing of good faith. Section
718.505, “Good Faith Effort to Comply,” states that nonmaterial errors or omissions in the disclosure materials are not actionable “[i]f a developer, in good faith, has attempted to comply with the requirements of this part (Part V of the Condominium Act), 201 and if, in fact, he or she has substantially complied with the disclosure requirements of this chapter (Chapter 718 — the Condominium Act).” 202 Read together, §
718.202 and §
718.505 require a developer to make a good faith effort to substantially comply with the disclosure requirements of the Act, which Mona Lisa claims it has done....
...And, even though the inclusion of the two-year obligation to construct may have increased plaintiffs’ rights and caused no harm, a developer’s obligation to submit purchase contracts to the Division for approval is not a “disclosure requirement” entitled to reprieve under the good faith exception in § 718.505....
...ction to buyers because the Division, in its paternal capacity, ensures a purchaser has, at a minimum, all the documents it needs to make an informed purchase. Theses submissions cannot be overlooked or marginalized by the good faith escape hatch in § 718.505....
...on regarding First Amendment rights). . See Abdnour v. Abdnour,
19 So.3d 357, 364 (Fla.App.2d Dist.2009) (Money is fungible and once it is comingled it loses it separate character). . Other sections of the Florida Condominium Act, such as Fla. Stat. §
718.505 , allows for good faith noncompliance with disclosure requirements....
...the Act. . Bruce v. O’Neill,
445 So.2d 379 (Fla.App. 4th Dist.1984); Pretka,
2011 WL 841513 . . Pretka,
2011 WL 841513 at *5 (emphasis added) (rejecting defendant’s motion to dismiss and holding "[a] trier of fact may need to weigh each of [the §
718.505] factors separately or in relationship to each other in determining whether a developer substantially complied with section
718.202(3).”)....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11607
...statutory rescission theory. We find error and reverse. Initially, we determine that there were issues of fact as to the defendant’s good faith attempts to comply with the requirements of the statutes and his substantial compliance therewith. See Section 718.505, Florida Statutes (1981)....
