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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