Tuesday, June 13, 2006

“What Do You Mean Standing To Mediate?”

Put differently, mediation is a challenge. [You knew that, right?!?] Having said that, the mediation challenge has a different meaning than the one you’re thinking about in the context of mobile homeowners’ disputes.

Initiation of mediation and initiation of litigation are both “challenges” under F.S. 723.037(1). In order for a mobile homeowner’s association to have standing to mediate and standing to sue [i.e. both are ‘challenges’], it must have the written agreement from a majority of affected homeowners according to Sun Valley Homeowners, Inc. v. American Land Lease, Inc., 927 So.2d 259 [Fla. 2nd DCA 2006] from the Second District Court of Appeal.

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