BEACH POINT CONDOMINIUM ASSOCIATION, INC., Appellant, v. BEACH POINT CORPORATION, a Florida corporation, H.J. Ross Associates, Inc., etc., H.S. Hicks Construction Company of Palm Beach, etc., and the Lawrence Group Chartered Architects & Planners, Inc., etc., et al., Appellees, 480 So. 2d 239

PER CURIAM. We affirm the decision of the trial court holding that a condominium association was not a third party beneficiary on a payment and .performance bond secured by the general contractor in favor of the original owner-developer of the condominium. American Surety Company of New York v. Smith, 100 Fla. 1012, 130 So. 440 (1930). Although the association’s creation may have been foreseen, it appears that the association was not even in existence at the time the construction contract was executed and the bond secured.

Under these circumstances, and the unambiguous provisions of the bond, we fail to see any basis for a claim that it is manifest from the terms of the bond that the parties intended to benefit the association. ANSTEAD and DELL, JJ., concur. WALDEN, J., dissents with opinion.