A bill supported by the Homebuilders Association of Florida could provide relief to homeowners across Florida who have been affected by Chinese drywall over the past two years. It could also indemnify developers from some future legal action. The legislation passed the Insurance, Business and Financial Affairs Policy Committee in the House Thursday.
Rep. Debbie Mayfield, R-Vero Beach, is sponsoring HB 1133. It gives homeowners the option of entering into a written agreement with a contractor working on behalf of the developer who installed the drywall, to make repairs to a property. It also would allow a condominium association to enter into a written contract on behalf of unit owners and a condominium developer or licensed contractor to make needed repairs.
The bill does not provide developers with immunity from all drywall lawsuits. A property owner could still sue over a shoddy repair job, for instance.
The bill would make it possible for homeowners and developers to voluntarily work together to return families to their homes in the absence of federal remediation guidelines, which have been under development for months.
"Hundreds of homeowners throughout Florida have been forced from their homes due to the effects of Chinese drywall and the intent of the legislation is to get them back in their homes," Mayfield said. "Neither the state nor federal government has come up with a protocol on how to handle this situation, and we can't wait around any longer to remedy the situation."
"Builders throughout Florida are disgruntled at the lack of movement by the federal government," said Edie Ousley, a spokesperson for Florida builders.
Chinese drywall is wallboard that was manufactured in China and imported to the United States from 2001 to 2006, at the height of the building boom in Florida. It contains contaminants that are emitting gases, which give off a noxious odor and corrode copper and other metals. By some estimates, there are 3,700 homes affected nationwide, the majority of them in Florida.
The major objection to Rep. Mayfield's bill came Thursday from Matthew N. Posgay of the Jacksonville law firm of Coker, Schuickel, Sorenson and Posgay. Posgay, who represents trial attorneys, said, "This legislation does not guarantee that the work would be done satisfactorily to protect the homeowner or condominium owner."
David A. Hart, vice president of Legislative and Governmental Affairs for the Florida Home Builders Association, called the proposed legislation "a step in the right direction," saying, "It brings the home owners and builders together in a first step toward remedying the situation."
Reach John Hinds at www.JHinds1949@aol.com or by calling 850-727-0859
