Party Statement: Galway Bay Mobile Homeowners Association, Inc. vs BIZA Corp. d/b/a Galway Bay Mobile Home Park

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                                Filing # 66611437 E-Filed 01/16/2018 06:47:05 PM


                              IN THE CIRCUIT COURT IN AND FOR MONROE COUNTY, FLORIDA

                                                                              CIVIL DIVISION
                                                                              CASE NO.: CAM 17 166

                  GALWAY BAY HOMEOWNERS
                  ASSOCIATION, INC.,

                                    Plaintiff,
                  vs.

                  BIZA CORP., d/b/a Galway Bay Mobile
                  Home Park

                                    Defendant.
                  ________________________________________/
                                  AFFIDAVIT OF FRANCES M. HAGEMANN, SECRETARY OF
                                GALWAY BAY MOBILE HOMEOWNERS’ ASSOCIATION, INC.

                  STATE OF FLORIDA                    )

                  COUNTY OF MONROE                    )

                           BEFORE ME, the undersigned authority, personally appeared Frances M. Hagemann,

                  who being first duly sworn deposes and says as follows:

                           1.       My name is Frances M. Hagemann.

                           2.       I am over the age of eighteen.

                           3.       This Affidavit is based on matters personal to me.

                           4.       I am   the   homeowner      of  the  mobile    home    located   at Lot   No.   D-8   in  Galway

                  Mobile Home Park (the "Park") and I have been a resident of the Park since 2015.

                           5.       I am the elected Secretary of the Galway Bay Mobile Homeowners Association,

                  Inc. (“the HOA”).

                           6.       As Secretary of the HOA, I maintain records of the regularly conducted business

                  activities of the organization such as notices of meetings, meeting agendas, and meeting minutes.
                           7.       On December 16, 2016, the Park owner provided the homeowners with a 90-day

                  notice, which proposed an increase in monthly lot rent to become effective on April 1, 2017 (the

                  "Rent Increase"). The rent would increase by a range of $172-$195 per month, by $172 for dry

                  lots (from $956     to  $1,128),   $176   for corner   lots (from $977     to $1,153),   and   $195   for lots  with

                  water access and adjoining docks (from $1,086 to $1,281).

                           8.       In  response   to  the  notice  of  Rent   Increase,   the mobile    homeowners      at  the  Park

                  organized the HOA for the purpose of representing all homeowners in a lawsuit challenging the

                  Rent Increase as unreasonable.

                           9.       In January 2017, a majority of affected homeowners agreed, in writing, to dispute

                  the Rent Increase. See Exhibit “A” - Statement of Dispute.

                           10.      From January 2017 to March 2017, a majority of affected homeowners agreed, in

                  writing, for the formation of the HOA and for the HOA to represent all homeowners concerning

                  matters    of  common      interest,  including    challenging     the  Rent    Increase.   See   Exhibit    “B”    -

                  Agreements to Form Galway Bay HOA.

                           11.      On   March    9, 2017,   the homeowners       held  elections  for  the  Board   of Directors    of

                  the  HOA    and   unanimously     approved    the  HOA     Bylaws    and  HOA     Articles  of  Incorporation.    At

                  the meeting, the homeowners discussed having the HOA to file a lawsuit to challenge the Rent

                  Increase. See Exhibit “C” - HOA Meeting Minutes dated March 9, 2017.

                           12.      A majority of homeowners agreed, in writing, to be bound by the HOA Bylaws.

                  The HOA Bylaws explicitly state that the HOA has the power to sue with respect to the exercise

                  of its powers. See Exhibit “D” – HOA Bylaws.

                           13.      A majority of homeowners agreed, in writing, to be bound by the HOA Articles of

                  Incorporation. The HOA Articles of Incorporation explicitly state that the Association is formed