THE COVE AT ROCKY POINT HOMEOWNERS ASSOCIATION, INC. vs TAYLOR MORRISON OF FLORIDA, INC.

TM served as the declarant, developer, and licensed general contractor for the

construction of the Community.

The Association is responsible for the maintenance and repair of the common areas

of the Community, including, but not limited to, the roofs, exterior walls and doors, paint,

landscaping, windows, drainage systems, and irrigation systems.

The Association has the duty to maintain the Community and make all appropriate

expenditures, where possible, for the upkeep and management of the Community.

Upon information and belief, TM controlled the Association before the unit owners,

other than the developer, were able to elect a majority of the board members of the Association.

The causes of action alleged herein concern matters of common interest to the

Association’s members, including matters affecting the Townhomes.

Defendants undertook to develop and construct the Community for sale to, and use

of, the general public, including the Association, its members, and their predecessors in interest.

Defendants failed to reasonably and adequately design, develop, and/or construct

the Townhomes and commons areas in accordance with the Florida Building Code, manufacturers’

recommendations or instructions, permitted plans and specifications, and applicable industry

standards.

As a direct result of the Defendants’ failures, the Association and its members have

suffered and continue to suffer damages proximately caused by defects and deficiencies in the

construction of the Community. Such defects and deficiencies include, without limitation:

Causes of Action

FACTS COMMON TO ALL CLAIMS FOR RELIEF

COUNT 1 – NEGLIGENCE AND VICARIOUS LIABILITY (against TM) 69. The Association re-alleges paragraphs 1–68.

COUNT 2 – VIOLATION OF FLORIDA BUILDING CODE (against TM )

COUNT 3 - BREACH OF IMPLIED WARRANTIES (against TM) 88. The Association re-alleges paragraphs 1–68.

COUNT 4 – VIOLATION OF FLORIDA BUILDING CODE (against Joss)

COUNT 5 – NEGLIGENCE (against Joss)

COUNT 6 – VIOLATION OF FLORIDA BUILDING CODE (against Ripa)

COUNT 7 – NEGLIGENCE (against Ripa)

COUNT 8 – VIOLATION OF FLORIDA BUILDING CODE (against Manasota)

COUNT 9 – NEGLIGENCE (against Manasota)

COUNT 10 – VIOLATION OF FLORIDA BUILDING CODE (against Badger)

COUNT 11 – NEGLIGENCE (against Badger)

COUNT 12 – VIOLATION OF FLORIDA BUILDING CODE (against ETC)

COUNT 13 – NEGLIGENCE (against ETC)

COUNT 14 – VIOLATION OF FLORIDA BUILDING CODE (against Floyd)

COUNT 15 – NEGLIGENCE (against Floyd)

COUNT 16 – VIOLATION OF FLORIDA BUILDING CODE (against Burnstain)

COUNT 17 – NEGLIGENCE (against Burnstain)

COUNT 18 – VIOLATION OF FLORIDA BUILDING CODE (against AIC)

COUNT 19 – NEGLIGENCE (against AIC)

COUNT 20 – VIOLATION OF FLORIDA BUILDING CODE (against LMM)

COUNT 21 – NEGLIGENCE (against LMM)

COUNT 22 – VIOLATION OF FLORIDA BUILDING CODE (against FSP)

COUNT 23 – NEGLIGENCE (against FSP)

COUNT 24 – VIOLATION OF FLORIDA BUILDING CODE (against ITT)

COUNT 25 – NEGLIGENCE (against ITT)

COUNT 26 – VIOLATION OF FLORIDA BUILDING CODE (against ZAM)

COUNT 27 – NEGLIGENCE (against ZAM)

COUNT 28 – VIOLATION OF FLORIDA BUILDING CODE (against Hendrick)

COUNT 29 – NEGLIGENCE (against Hendrick)

COUNT 30 – VIOLATION OF FLORIDA BUILDING CODE (against KBI)

COUNT 31 – NEGLIGENCE (against KBI)

COUNT 32 – VIOLATION OF FLORIDA BUILDING CODE (against Coastal)

COUNT 33 – NEGLIGENCE (against Coastal)

COUNT 34 – VIOLATION OF FLORIDA BUILDING CODE (against Creel)

COUNT 35 – NEGLIGENCE (against Creel)

COUNT 36 – VIOLATION OF FLORIDA BUILDING CODE (against Largo)

COUNT 37 – NEGLIGENCE (against Largo)

COUNT 38 – VIOLATION OF FLORIDA BUILDING CODE (against HCC)

COUNT 39 – NEGLIGENCE (against HCC)

COUNT 40 – VIOLATION OF FLORIDA BUILDING CODE (against Weintraub)

COUNT 41 – PROFESSIONAL NEGLIGENCE (against Weintraub) 414. The Association re-alleges paragraphs 1– 68.

COUNT 42 – VIOLATION OF FLORIDA BUILDING CODE (against Vortex)

COUNT 43 – PROFESSIONAL NEGLIGENCE (against Vortex) 431. The Association re-alleges paragraphs 1– 68.