Until such time as turnover of control of the HOA has occurred and the developer has
conveyed to the HOA such land and improvements for which the HOA shall have the responsibility
for maintaining and repairing, including the community subdivision infrastructure,
the developer shall remain jointly and severally liable, to the city, along with the
HOA, for the maintenance and repair of the community subdivision infrastructure, for
the adequate funding of the HOA accounts required by section 110-157 and for otherwise ensuring compliance with the provisions of this division. If turnover
occurs and the obligations of the developer under this division have not been met,
the rights of the city, HOA, any of the HOA's members, and any and all owners of land
within the subdivision to enforce the requirements of this division against the developer
shall survive the turnover, with the prevailing party to be entitled to attorneys'
fees and costs against the non-prevailing party. Venue for any such enforcement action
shall be in the Ninth Judicial Circuit of Florida, in Orange County, Florida.
