WRIGHT
v.
SUMMERFIELD AT MEADOW WOODS HOMEOWNERS
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Wright, a non-member husband of a homeowner, appealed dismissal of his summary claims action against a homeowners association for access to official records. The appellate court affirmed the dismissal on two independent grounds: Wright failed to serve a pre-suit mediation demand as required by statute, and he lacked legal standing because he was not a member of the association.
Wright lacked legal standing to bring the action because he is not a member of the association; membership is limited to record title owners of lots obligated to pay assessments. Additionally, Wright failed to comply with Florida Statute § 720.311(2)(a) by not serving a demand for pre-suit mediation before filing the statement of claim.
[1] A demand for pre-suit mediation must be served by an aggrieved party before filing a dispute in court concerning access to official records of the association.
[2] A non-owner spouse of a parcel owner in a homeowners association lacks legal standing to file and maintain an action against the association.
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Join FLexlaw to unlock all legal intelligence“Disputes between a parcel owner and an association regarding ... access to the official records of the association shall be the subject of a demand for pre-suit mediation served by an aggrieved party before the dispute is filed in court.”
Establishes the statutory requirement for pre-suit mediation demand that Wright violated
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Join FLexlaw to unlock all legal intelligenceMichael J. Wright, acting pro se, filed a summary claims action against Summerfield At Meadow Woods Homeowners Association. Wright is married to Maria…
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Before POWELL, J. KEST, and WALLIS, J.J.
PER CURIAM.
FINAL ORDER AFFIRMING TRIAL COURT
Wright appeals an order dismissing his summary claims action against Appellee Summerfield At Meadow Woods Homeowners Association. We have carefully read and considered the briefs, the filings in the record on appeal and the transcript of the motion hearing. We dispense with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. Although the trial judge did not set forth in her order any findings of fact or conclusions of law, the record establishes that Appellant did not timely serve a demand for pre-suit mediation before he filed the statement of claim in this action as required by statute. See § 720.311(2)(a), 2 of 3 Fla. Stat., (2010) (“Disputes between a parcel owner and an association regarding ... access to the official records of the association shall be the subject of a demand for pre-suit mediation served by an aggrieved party before the dispute is filed in court.”)
There is a second reason why the trial court’s dismissal order is correct. Appellant Wright, a non-lawyer, who has represented himself pro se below and in this appeal, did not have legal standing, i.e. legal authority1, to file and maintain this summary claims action because he made no showing in his papers or otherwise that he was a member2 of Appellee home owners association. Indeed, he says in his brief that “I, Michael J. Wright, am the husband and authorized representative of Maria Cristina Wright. Christina Wright is the parcel owner of 13419 Summerton Drive, located in the Summerfield at Meadow Woods Homeowners’ Association.” (Am. Initial Br. 3). The mere fact that he is the husband of the parcel owner member Wright does not give him standing.
Consequently, for the reasons set forth above, the order appealed from is AFFIRMED. DONE AND ORDERED at Orlando, Florida this _18th____ day of _November_, 2011.
__/S/____________________
ROM W. POWELL Senior Judge
/S/
_/S/______________________ JOHN MARSHALL KEST F. RAND WALLIS Circuit Judge Circuit Judge
I HEREBY CERTIFY that a copy of the foregoing order was furnished to Michael J. Wright, 13419 Summerton Drive, Orlando, Florida 32824; Robert Alden Swift, Esq. and Tara Tamoney, Esq., 1900 Summit Tower Blvd., Orlando, Florida 32810; and Honorable Antoinette Plogstedt, 425 N. Orange Avenue, Orlando, Florida 32801, this _21st day of _November_____, 2011.
_/S/_____________________________
Judicial Assistant