Condo & HOA Law

Board is being sued. They said we cannot attend the mediation. Is this true?

Q: Our Board is attending a presuit mediation with a homeowner that is threatening to sue the Association. We have asked if as Owners we can attend the mediation. The Board said we cannot attend the mediation. Is this true?

S.R., Port St. Lucie


A. Yes. The only people legally allowed to attend a formal pre-suit mediation are the parties of the mediation. In this case that would be the Board of Directors on behalf of the Association and the homeowners bringing the action. Legal counsel for both parties and the Association manager would also be allowed to attend but other non-party homeowners would not be allowed to attend. However, if case is settled the written settlement agreement would be an official record of the Association and all owners would be allowed to obtain a copy of it.

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Richard D. DeBoest, II, Esq. is co-founder and shareholder of the Law firm Goede, Adamczyk, DeBoest & Cross, PLLC.  T o ask questions about your issues for future columns, send your inquiry to:  The information provided herein is for informational purposes only and should not be construed as legal advice.  The publication of this article does not create an attorney-client relationship between the reader and Goede, Adamczyk, DeBoest & Cross, PLLC or any of our attorneys.  Readers should not act or refrain from acting based upon the information contained in this article without first contacting an attorney, if you have questions about any of the issues raised herein.  The hiring of an attorney is a decision that should not be based solely on advertisements or this column.

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