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Filing #65938347 E-Filed 12/29/2017 02:55:14 PM
IN THE CIRCUIT COURT OF THE 16™ JUDICIAL CIRCUIT
IN AND FOR MONROE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
GALWAY BAY MOBILE HOMEOWNERS CASE NO.: 2017-CA-000166 MR
ASSOCIATION, INC.,
Plaintiff,
VS.
BIZA, CORP, d/b/a GALWAY BAY MOBILE
HOME PARK,
Defendant.
/
DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT
COMES NOW, Defendant, BIZA, CORP. d/b/a GALWAY BAY MOBILE HOME
PARK, (the “Defendant” ) by and through its undersigned attorneys, and moves this Court
to grant final summary judgment in its favor on all counts pursuant to Rule 1.510, Florida
Rules of Civil Procedure, because the Plaintiff, GALWAY BAY MOBILE HOMEOWNERS
ASSOCIATION, INC., (hereafter the “HOA”), is not a proper party authorized to bring this
action. This Motion is based upon the matters contained in the record of this case,
particularly the Complaint, the HOA’s responses to Requests for Production of Documents
and Admissions, and the applicable statutory and legal authority cited herein. There are
no genuine issues of material facts concerning the foregoing and Defendants are,
therefore, entitled to a summary judgment as a matter of law.
SUMMARY OF DISPUTED ISSUE
4 The only disputed issue addressed by this motion is whether GALWAY BAY
MOBILE HOMEOWNERS ASSOCIATION, INC. may continue to assert any claims in this
action because it lacked standing to act when it initiated this action and continues to lack
standing to act as the class representative of the individual mobile homeowners of Galway
Bay Mobile Home Park.
2 This is a question of law appropriate for determination by summary judgment.
3 The Defendant relies upon a number of documents produced by Plaintiff and
its response to a request for admissions to support this motion. When the determination
of an issue depends upon the legal effect of written instruments, the issue is one of law
and is determinable by summary judgment. Volusia County v. Aberdeen at Ormond Beach
L.P., 760 So. 2d 126, 131 (Fla. 2000); Angell v. Don Jones Ins. Agency, 620 So. 2d 1012,
1014 (Fla. 2d DCA 1993).
UNDISPUTED FACTS
4 The Defendant, BIZA Corp., is the corporate owner of Galway Bay Mobile
Home Park (the “Community”, which is a rental mobile home park containing 60 rental
mobile home sites located in the City of Marathon, Monroe County, Florida. The
Community is owned and operated by Defendant. Complaint 915.
5 Plaintiff, GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC.
asserts it is a voluntary mobile homeowners’ association organized under Chapter 723,
Florida Statutes, that brought this action pursuant to Florida Rule of Civil Procedure 1.222.
For purposes of this Motion, the Community does not contest those assertions. Complaint,
172, 3.
6 The mobile home park, the HOA, and the individual putative class members’
tenancies are governed by the “Florida Mobile Home Act,” Chapter 723, Florida Statutes.
All claims made in this litigation are based on statutory claims under that statute.
Complaint, [1.
7 The Community gave a 90-day notice of lot rental amount increase to be
effective on April 1, 2017, as required by section 723.037, Florida Statutes. There is an
alternative dispute resolution process in sections 723.037 - 723.0381, Florida Statutes, that
is required prior to a mobile homeowners’ association bringing this action. Both parties
participated in the process through mediation, as required by sections 723.033 and
723.037, Florida Statutes. Complaint, 910.
8 The HOA incorrectly asserts that there are just two requirements for a mobile
homeowners’ association to bring a class action representing the mobile home owners.
Complaint, 77.
9 A mobile homeowners’ association that is challenging a lot rental amount
increase, a reduction in services or facilities, or a change in the rules and regulations of the
mobile home park must obtain the written consent of the majority of affected mobile home
owners leasing lots in the mobile home park, as set out in section 723.037(1), Florida
Statutes:
The homeowners’ association shall have no standing to
challenge the increase in lot rental amount, reduction in
services or utilities, or change of rules and regulations unless
a majority of the affected homeowners agree, in writing, to
such representation.
10. The HOA served a three-count Complaint seeking a declaratory judgment as
the class representative for the mobile home owners renting in the Community, pursuant
to Rule 1.222, Florida Rules of Civil Procedure.
11. Count | seeks a declaratory judgment as to the enforceability of the 2017 lot
rent increase and relief of a refund of the lot rents and fees deemed unreasonable under
section 723.033, Florida Statutes.
12. Count Il alleges a reduction in services or facilities by the Defendant because
the Defendant has not maintained the buildings and improvements in the common areas
and seeks a declaration the lot rental amounts charged is unreasonable. The Plaintiff
requests relief of awarding a refund and/or reduction in future rent payments. This matter
falls squarely under the reduction in services or facilities described in the park prospectus,
pursuant to section 723.022, Florida Statutes.
13. Count Ill asserts a violation of the obligation of good faith under section
723.021. The issues in Count Ill involve the same standing problems as set forth in
Counts | and Il, and also include specific instances of conversations or other actions which
are not matters of common interest. The allegations are based upon instances of the “park
owner's behavior’ with individual home owners. Complaint, 47. The HOA asks this Court
to declare Defendant has violated the statute, and to enjoin “it” and its employees and
representatives from doing so in the future; by failing to give proper notice of a change in
the rules and regulations that restricted access to common areas and by causing a
reduction in services and facilities by failing to maintain the premises.
14. Count Ill fails for three reasons: (1) because the matters raised in
subparagraph 47.a. are not matters of common interest, certainly those involving individual
conversations and actions by the unidentified “park owner” who is a corporate person; and
(2) because the allegations in subparagraph 47.b. involve the failure to properly adopt rules
and regulations; and, (3) because the allegations in subparagraph 47.c. involve a reduction
in services or facilities.
15. The HOA does not assert a claim in the Complaint in any capacity other than
as a Rule 1.222 class representative. Complaint, 3.
4
16. Galway Bay and a statutory committee of five appointed home owner
representatives engaged in mediation on May 25, 2017, pursuant to section 723.038,
Florida Statutes, and the December 16, 2016 notice of the 2017 lot rental increase.
Complaint, 1123, 27-30.
17. On October 30, 2017, Galway Bay served Defendant’s Precertification
Request to Produce to Plaintiff, which included the following request:
41.1. All evidence in writing that the homeowners’ association has been
authorized by a majority of the affected home owners to bring this action
pursuant to Section 723.037(1), Florida Statutes, for each claim asserted.
18. The HOA responded to the request to produce documents with a detailed
table identifying the specific documents responsive to each corresponding request. This
response is attached as Exhibit “A” and incorporated herein. No documents were identified
or produced as responsive to the request made in {]1.1 quoted above.
19. On November 19, 2017, Galway Bay served its First Request for Admissions
and asked the HOA to admit or deny one statement:
Admit or deny that the documents produced by you in response to
Defendant’s Precertification Request to Produce to Plaintiff served on
October 30, 2017 are true and correct copies of all documents in your
possession responsive to requests 1, 2 and 3 respectively.
The HOA admitted this statement. Copies of Defendant’s First Request for Admissions
and Plaintiff's Response to Defendant's First Request for Admissions are attached as
Exhibits “B” and “C” respectfully and are incorporated herein.
20. The consents obtained from the individual home owners to engage in
mediation and produced as responsive to Request {]1.H are for a designated committee
to represent them at mediation under the auspices of the Division of Florida
Condominiums, Time Shares, and Mobile Homes. See Exhibit “D.”
21. The Association failed to obtain the written consent of the majority of affected
mobile home owners leasing lots in Galway Bay to represent all homeowners in an action
challenging the lot rental amount increase in 2017 as required by section 723.037(1),
Florida Statutes:
The homeowners’ association shall have no standing to challenge the
increase in lot rental amount, reduction in services or utilities, or change of
rules and regulations unless a majority of the affected homeowners agree,
in writing, to such representation.
THE LAW APPLIED TO THE FACTS
22. The landlord tenant relationship in a rental mobile home park is between the
owner of the land and the owner of the mobile home who have entered into a rental
agreement for the placement of the home on a leased lot. This relationship is governed
by Chapter 723, Florida Statutes, the Florida Mobile Home Act.
23. The Legislature has substantively limited the right to bring representative
claims under Chapter 723 to assure thata mobile homeowners’ association will adequately
represent the interests it asserts.
24. Only a Chapter 723 mobile homeowners’ association is authorized to pursue
a class action under Florida Rule of Civil Procedure 1.222.
25. A mobile homeowners’ association must qualify as the class representative
by establishing its standing, that the claims involve matters of common interest, and the
claims alleged can be brought as class action claims.
26. Standing must be established before the filing ofa lawsuit. The HOA cannot
acquire standing during the pendency of this lawsuit in order to cure its failure to satisfy the
standing requirements at the inception of the lawsuit.
27. Without standing, the Association cannot continue to pursue any claim.
28. Without a qualified Rule 1.222 class representative the claims fail.
WHEREFORE, because Plaintiff, GALWAY BAY MOBILE HOMEOWNERS
ASSOCIATION, INC., asserted claims that were not based upon matters of common
interest or lacked standing to pursue the claims in this action when it filed the Complaint
and the deficiency cannot subsequently be cured, and because the Association cannot
qualify as a Rule 1.222 class representative authorized to pursue the claims asserted,
Defendant BIZA, CORP, d/b/a GALWAY BAY MOBILE HOME PARK, is entitled to final
summary judgment as a matter of law, and respectfully requests this Court to:
1) grant its Motion for Final Summary Judgment;
2) declare Defendant the prevailing party;
3) reserve jurisdiction for determination of an award of costs, including attorney's
fees ,pursuant to section 723.068, Florida Statutes; and,
4) grant such other relief as this Court deems just and proper.
Respectfully submitted, this 29" day of December, 2017.
/s/ Carol S. Grondzik
CAROL S. GRONDZIK (FBN 0156833)
sgrondzik@floridahousinglaw.com
DAVID D. EASTMAN (FBN 454559)
astman@floridahousinglaw.com
gayledcason@floridahousinglaw.com
Lutz, Bobo & Telfair, P.A.
2155 Delta Blvd. Suite 210-B
Tallahassee, FL 32303
(850) 521-0890 telephone
(850) 521-0891 facsimile
Attorneys for Defendant
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished electronically via the Florida e-filing portal to Nejla Calvo, Esq., and Jeffrey M.
Hearne, Esq., Attorneys for Plaintiff, LEGAL SERVICES OF GREATER MIAMI, INC., 4343
West Flagler Street, Suite 100, Miami, FL 33137 (ncalvo@legalservicesmiami.org:
jhearne@legalservicesmiami.org: crodriguez@legalservicesmiami.org:
pleadings@legalservicesmiami.org, and Scott L. Baena, Esq., and Jennifer Junger,
Esq., Attorneys for Plaintiff, Bilzin Sumberg Baena Price & Axelrod, LLP, 1450 Brickell
Ave., Ste. 2300, Miami, FL 33131-3456 (sbaena@bilzin.com; jjunger@bilzin.com:
stapanes@bilzin.com: eservice@bilzin.com) this 29" day of day of December 2017.
/s/ Carol S. Grondzik
Attorney
DOCUMENTS IN RESPONSE TO “DEFENDANT'S PRECERTIFICATION REQUEST TO PRODUCE TO PLAINTIFF"
Paragraph. |Document Name Pages |Document Date |Subject Attorney Type
1A. Signatures re: HOA |64 1123/2017 Agreement to form Galway Copy
proper HOA Bay Mobile HOA
formation
1B. Certificate of 4/11/2017 Certificate of Incorporation & Copy
Incorporation Notice to park owner
1c. Articles of 4/7/2017 Articles of Incorporation See 1C. for Copy
Incorporation Electronic
Articles
1D. Bylaws of the HOA 12 3/9/2017 Bylaws of the HOA Copy
1E., 1G. Minutes of Meetings|5 3/9/2017, 4/17/17 HOA Budget, HOA meetings |Redacted Copy
since forming
1F. Minutes of Board of Privileged Log
Directors
THC). Petition to 6/1/2017 Homeowners’ petition for Copy
Represent & mediation and statement of
Mediate dispute
4H(2). Committee 1/1/2017 Homeowners’ appointment Copy
Designation by of committee
Homeowners
tJ. List of HOA 4 11/7/2017 List of HOA Members Copy
Members
‘Communications to N/A Comunications between N/A N/A
homeowners re: HOA and homeowners re:
litigation litigation
Documents Privileged Log
between HOA and
Attorney
EXHIBIT
A
IN THE CIRCUIT COURT IN AND FOR MONROE COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.: 2017-CA-000166 MR
GALWAY BAY MOBILE HOMEOWNERS
ASSOCIATION, INC.,
Plaintiff,
VS.
BIZA, CORP, d/b/a GALWAY BAY MOBILE
HOME PARK,
Defendant.
/
DEFENDANT’S FIRST REQUEST FOR ADMISSIONS
Defendant, BIZA, CORP. d/b/a GALWAY BAY MOBILE HOME PARK, requests the
PLAINTIFF, GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC., to admit or
deny the following, pursuant to Rule 1.370, Florida Rules of Civil Procedure. The Plaintiff's
response to the Request for Admissions, is due within 30 days after service of the request,
on or before December 9, 2017. At or before that time the Defendant asserts Plaintiff is
required to make the admissions requested, under oath, for the purpose of this action only.
Your responses to the following statements must specifically admit or deny the
matter or set forth in detail why you cannot truthfully admit or deny the matter. When good
faith requires that you qualify an answer, or deny only a part of the matter of which an
admission is requested, you are to specify so much of it as is true and qualify or deny the
remainder. You may not give lack of information or knowledge as a reason for failure to
admit or deny unless you state that you have made reasonable inquiry and that the
information known or readily obtainable by you is insufficient to enable you to admit or
deny.
EXHIBIT
B
1 Admit or deny that the documents produced by you in response to
Defendant's Precertification Request to Produce to Plaintiff served on October 30, 2017,
are true and correct copies of all documents in your possession responsive to requests 1,
2 and 3 respectively.
Respectfully submitted, this 9 day of November, 2017.
/s/ Carol S. Grondzik
CAROL S. GRONDZIK (FBN 0156833)
sgrondzik@floridahousinglaw.com
DAVID D. EASTMAN (FBN 454559)
astman@floridahousinglaw.com
gayledcason@floridahousinglaw.com
Lutz, Bobo & Telfair, P.A.
2155 Delta Blvd. Suite 210-B
Tallahassee, FL 32303
(850) 521-0890 telephone
(850) 521-0891 facsimile
Attorneys for Defendant
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished electronically via the Florida e-filing portal to Nejla Calvo, Esq., and Jeffrey M.
Hearn, Esq., Attorneys for Plaintiff, LEGAL SERVICES OF GREATER MIAMI, INC., 4343
West Flagler Street, Suite 100, Miami, FL 33137 (ncalvo@legalservicesmiami.org;
jhearne@legalservicesmiami.org; crodriguez@legalservicesmiami.org:
pleadings@legalservicesmiami.org, and Scott L. Baena, Esq., and Jennifer Junger,
Esq., Attorneys for Plaintiff, Bilzin Sumberg Baena Price & Axelrod, LLP, 1450 Brickell
Ave., Ste. 2300, Miami, FL 33131-3456 (sbaena@bilzin.com; jjunger@bilzin.com;
stapanes@bilzin.com; eservice@bilzin.com) this 9th day of day of November 2017.
/s/ Carol S. Grondzik
Attorney
Filing # 65196777 E-Filed 12/1 12” 7 09:38:51 AM
\
IN THE CIRCUIT COURT IN AND FOR MONROE COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 2017-CA-000166 MR
GALWAY BAY MOBILE HOMEOWNERS
ASSOCIATION, INC.,
Plaintiff,
vs.
BIZA CORP., d/b/a GALWAY BAY
MOBILE HOME PARK,
Defendant.
/
PLAINTIFF’S RESPONSE TO DEFENDANT’S
FIRST REQUEST FOR ADMISSIONS
GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC. (“Plaintiff”), by and
through its undersigned counsel, responds to Defendant’s First Request for Admissions and
states as follows:
1 Plaintiff admits paragraph # 1.
Respectfully submitted,
LEGAL SERVICES OF GREATER MIAMI, INC.
Attorneys for Plaintiff
By: 4s/ Nejla Calvo,
Nejla Calvo, Esq.
Florida Bar No.: 118118
Telephone/Facsimile: (305) 438-2407
4343 West Flagler Street, Suite 100
Miami, Florida 33137
Facsimile: (305) 438-2407
E-mail:ncalvo@legalservicesmiami.org
rodriguez@legalservicesmiami.org
pleadings@legalservicesmiami.org
EXHIBIT
G
BILZIN SUMBERG BAENA
PRICE & AXELROD LLP
Attomeys for Plaintiff
Scott L. Baena, Esq.
Florida Bar No. 186445
Email: sbaena@bilzin.com
Jennifer Junger, Esq.
Florida Bar No. 125853
Email: jjunger@bilzin.com
1450 Brickell Avenue, 23" Floor
Miami, Florida 33131
Telephone: (305) 374-7581
Fascimile: (305) 374-7593
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via Notice
of Electronic Filing on December 11, 2017 to:
Carol S. Grondzik, Esq.
David D. Eastman, Esq.
Lutz, Bobo, & Telfair, P.A.
Attorneys for Defendant
2155 Delta Boulevard, Suite 210-B
Tallahassee, Florida 32303
Telephone: (850) 521-0890
Facsimile: (850) 521-0891
Email: csgrondzik@floridahousinglaw.com
astman@floridahousinglaw.com
gayledcason@floridahousinglaw.com
By: /s/ Nejla Calvo
Nejla Calvo, Esq.
Florida Bar No.: 118118
1H (1) - Petition for Mediation
7 pages
EXHIBIT
D
8/94
BPR 34-001
LATION
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU
MOBILE HOMES
DIVISION OF PLORIDA.LAND SALES, CONDOMINIUMS AND
x0) 260] BLAIR STONE ROAD
on TALLAHASSEE, FLGRIDA 32399-1032
me
ai
PETITION FOR MEDIATION BY HOMEOWNERS
at ion Florida Land Sales,
We, the undersigned, hi ceby request he Div
a qualjfied mediator to mediate the
Condominiums and Mobi Homes “appoi nt,
disputes set forth in this petition!
the parties shall be responsible fox paying the
undsxystand and agree that
We was
mediator fee as reg red by Ba tion 123.038(4), Florida Statutes, which
aprad, 8, 1982, the
amended during the 1992 legislati Session, fective
appointed by’ ‘the,
4
ar © ies shall gech pay a $250 Ani gq fee fo th tae:
vision or selected ‘by the pat Les, within, 30 days. 4 the Bivision noti ies
the parties of the appointment a the, madi: ator.
the easel nableress of a) increase dn the idt mental
This is a dispute ¢oncerriing
er utilities, or ange: in the vrhles and
amount; ‘reduction in services
regulations &t:
Galwows Aigols Wome Bock
‘WaMn OF MOBILE HOME PARK OR SUBDIVISION
\Bboi Overseas VWro\wwoar-
“ADDRESS OF MOBILE HOMB PAR? OR SUBDSU! ‘SEON
Maxaktnon. S&L ZPLEO SIP
CITY STATE
z
wie. “indi ca te ‘the type of park {chécl ony oxe):
Mobile Home Park [] wopite Rois subdivision
BR meeting was held on ‘ 3/3 ford yu rq {v7 between she
developer to discuss
wl? sf committee and ‘the park owrer/supdivision
the reasonableness of tie
proposed chante, but no agreamdnt was reached as to
proposed change. ‘
ctad by the proposed change is fh *
The number of mobile home lots a
-
Wires Has a majoraty of ‘the affected homeowners designated in writing
is upreasonable?
(J ¥e that. the change
the joint owners shail be counted
(I = mobile home is owned jointly,
ONLY ONE VOTE PER MOBILE HOME
ms ome for determining the majority.
LOT SHBLL i COUNTED.)
Page a or 2
a = =r
[De
reali
BER 34-001 Rev.8/94
Page 2 of 2
HOMEOWNERS’ COMMITEE
NAME Danid puddkall
ADDRESS i SIGNATURE
PHONE: 73%) Sl - 1952S
TAME Sronn Hageman Fraaaw the genane’
ADDRESS Btol_Cverstas SIGNATURE
Lak 1B, Macedon 1S
‘HONE, 252.) 945 ~ SH
NAME Solin. Broan
ADDRESS SIGNATURE,
Leb BS Macodnen FL 58080
PHONE (BS2) 203 - 7084,
“RAMEE Bas to,
ADDRESS to} “GREBAS SIGNATURE
Lok Be, RL 33050
PHONE S34 ) S18 “FTO
TAME Groce Prvanncn
ADDRESS SIGNATURE
Lok 85, Nosetition
(PL, 3308s
PHONE (340) 274 . 1232.
The meme, address, and phone number of exch member of the homeowners’
committees must be listed above, and the petition must_be signe by one
or more of the committee members of the homeowners’ ‘comm
iza_{oco. dele. Galua, Bary AAP
ADDRESS a£Q
SEED
PHONE OS
) 7! = Gabe
The name, address and phone number of the park owner, or subdivision
developer, must be listed above
aa
%
re o
STATEMENT OF DISPUTE
iS the undersigned, in accordance with the Florida Statutes, Section
723.037(8}, dispute the change noticed by the park owner in that:
Choose one ox all of the following
Depending on the nature of the change.
a) The xyerital increase is unreasonable,
b} The rental increase has made the lot rertel amount unreasonable,
in services or utilities is not accompanied by a
c) The decrease
corresponding decrease in rent is otherwise unréasonable,
or
a) The change in the rules and regulations ynreasorable.
i
We de. gnate the committes prev: chosen to meet the park ~
owner on this change t6 represent us in this dispute ioré the
Division of Florida Condominiums, Timeshares , and Mobile Homes. We
bereby authorize the committee to mediate this dispute.
The number of mobile home lots affected by the proposed change is
ob
i = NAMES ‘Lot NO. Aroxerogs DATE
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STATEMENT OF DISPUTE
in accordance with the Plorida Statutes, Section
We the undersigned,
723.037(5), dispute the change noticed by the park owner in that:
Choose one or 212 of the following
Depending on the riature of the change.
a) The rental increase is unreasonable,
able,
b) The rental increase has made the lot rental amount unreason
or utiliti es is not accompa nied by a
ce) The decrease in services
nable,
corresponding decrease in rertt oz is pthexwise unreaso
The change in the roles and regulations is unreasonable.
a)
We designate the committee previcusiy chosen to meet with the. park
tq xepresent is in this dispute before the
owner on this change
Hares, and Mobile Homes. We
Divisio cf Florida Condominiums,
hereby authorize the committee to mediate this dispute.
~~ number of mobile home Jots affected vy the proposed change is
LOT NO. SIGNAFURE DATE
PRINT NAMES
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STATEMENT OF DISPUTE
We the undersigned, in accordance with the Florida Statutes, Saction
723.037 (5), dispute the change noticed by the park owner in that:
Choose one or all of the following
Depending on the nature of the change
ay the rental increase is unreasonable,
b) The rental increase has made the lot rental amount unreasonable,
2} The decrease in services or utilities is not accompanied by a
corresponding decrease in rent or is otherwise unreasonable,
a} fhe change in the fules and regulations is unreascnable.
We designate the committee previously chosen co meei with the
owner on this change to represent us in this dispute befare the
Division of Florida Gendominiums, Timeshares, and Mobile Homes. we
hereby authorize the committee to madiate this dispute.
The pntmber of wébile home lots affécted by the proposed change is
6
PRINT NAMES LOT NO. szexthrony Af) ___DATE
@ AS Trop. DY Bt. L9- fT
8 Sain ro She BG 2]
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STATEMENT OF DISPUTE,
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Filing #65938347 E-Filed 12/29/2017 02:55:14 PM IN THE CIRCUIT COURT OF THE 16™ JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION GALWAY BAY MOBILE HOMEOWNERS CASE NO.: 2017-CA-000166 MR ASSOCIATION, INC., Plaintiff, VS. BIZA, CORP, d/b/a GALWAY BAY MOBILE HOME PARK, Defendant. / DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT COMES NOW, Defendant, BIZA, CORP. d/b/a GALWAY BAY MOBILE HOME PARK, (the “Defendant” ) by and through its undersigned attorneys, and moves this Court to grant final summary judgment in its favor on all counts pursuant to Rule 1.510, Florida Rules of Civil Procedure, because the Plaintiff, GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC., (hereafter the “HOA”), is not a proper party authorized to bring this action. This Motion is based upon the matters contained in the record of this case, particularly the Complaint, the HOA’s responses to Requests for Production of Documents and Admissions, and the applicable statutory and legal authority cited herein. There are no genuine issues of material facts concerning the foregoing and Defendants are, therefore, entitled to a summary judgment as a matter of law. SUMMARY OF DISPUTED ISSUE 4 The only disputed issue addressed by this motion is whether GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC. may continue to assert any claims in this action because it lacked standing to act when it initiated this action and continues to lack standing to act as the class representative of the individual mobile homeowners of Galway Bay Mobile Home Park. 2 This is a question of law appropriate for determination by summary judgment. 3 The Defendant relies upon a number of documents produced by Plaintiff and its response to a request for admissions to support this motion. When the determination of an issue depends upon the legal effect of written instruments, the issue is one of law and is determinable by summary judgment. Volusia County v. Aberdeen at Ormond Beach L.P., 760 So. 2d 126, 131 (Fla. 2000); Angell v. Don Jones Ins. Agency, 620 So. 2d 1012, 1014 (Fla. 2d DCA 1993). UNDISPUTED FACTS 4 The Defendant, BIZA Corp., is the corporate owner of Galway Bay Mobile Home Park (the “Community”, which is a rental mobile home park containing 60 rental mobile home sites located in the City of Marathon, Monroe County, Florida. The Community is owned and operated by Defendant. Complaint 915. 5 Plaintiff, GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC. asserts it is a voluntary mobile homeowners’ association organized under Chapter 723, Florida Statutes, that brought this action pursuant to Florida Rule of Civil Procedure 1.222. For purposes of this Motion, the Community does not contest those assertions. Complaint, 172, 3. 6 The mobile home park, the HOA, and the individual putative class members’ tenancies are governed by the “Florida Mobile Home Act,” Chapter 723, Florida Statutes. All claims made in this litigation are based on statutory claims under that statute. Complaint, [1. 7 The Community gave a 90-day notice of lot rental amount increase to be effective on April 1, 2017, as required by section 723.037, Florida Statutes. There is an alternative dispute resolution process in sections 723.037 - 723.0381, Florida Statutes, that is required prior to a mobile homeowners’ association bringing this action. Both parties participated in the process through mediation, as required by sections 723.033 and 723.037, Florida Statutes. Complaint, 910. 8 The HOA incorrectly asserts that there are just two requirements for a mobile homeowners’ association to bring a class action representing the mobile home owners. Complaint, 77. 9 A mobile homeowners’ association that is challenging a lot rental amount increase, a reduction in services or facilities, or a change in the rules and regulations of the mobile home park must obtain the written consent of the majority of affected mobile home owners leasing lots in the mobile home park, as set out in section 723.037(1), Florida Statutes: The homeowners’ association shall have no standing to challenge the increase in lot rental amount, reduction in services or utilities, or change of rules and regulations unless a majority of the affected homeowners agree, in writing, to such representation. 10. The HOA served a three-count Complaint seeking a declaratory judgment as the class representative for the mobile home owners renting in the Community, pursuant to Rule 1.222, Florida Rules of Civil Procedure. 11. Count | seeks a declaratory judgment as to the enforceability of the 2017 lot rent increase and relief of a refund of the lot rents and fees deemed unreasonable under section 723.033, Florida Statutes. 12. Count Il alleges a reduction in services or facilities by the Defendant because the Defendant has not maintained the buildings and improvements in the common areas and seeks a declaration the lot rental amounts charged is unreasonable. The Plaintiff requests relief of awarding a refund and/or reduction in future rent payments. This matter falls squarely under the reduction in services or facilities described in the park prospectus, pursuant to section 723.022, Florida Statutes. 13. Count Ill asserts a violation of the obligation of good faith under section 723.021. The issues in Count Ill involve the same standing problems as set forth in Counts | and Il, and also include specific instances of conversations or other actions which are not matters of common interest. The allegations are based upon instances of the “park owner's behavior’ with individual home owners. Complaint, 47. The HOA asks this Court to declare Defendant has violated the statute, and to enjoin “it” and its employees and representatives from doing so in the future; by failing to give proper notice of a change in the rules and regulations that restricted access to common areas and by causing a reduction in services and facilities by failing to maintain the premises. 14. Count Ill fails for three reasons: (1) because the matters raised in subparagraph 47.a. are not matters of common interest, certainly those involving individual conversations and actions by the unidentified “park owner” who is a corporate person; and (2) because the allegations in subparagraph 47.b. involve the failure to properly adopt rules and regulations; and, (3) because the allegations in subparagraph 47.c. involve a reduction in services or facilities. 15. The HOA does not assert a claim in the Complaint in any capacity other than as a Rule 1.222 class representative. Complaint, 3. 4 16. Galway Bay and a statutory committee of five appointed home owner representatives engaged in mediation on May 25, 2017, pursuant to section 723.038, Florida Statutes, and the December 16, 2016 notice of the 2017 lot rental increase. Complaint, 1123, 27-30. 17. On October 30, 2017, Galway Bay served Defendant’s Precertification Request to Produce to Plaintiff, which included the following request: 41.1. All evidence in writing that the homeowners’ association has been authorized by a majority of the affected home owners to bring this action pursuant to Section 723.037(1), Florida Statutes, for each claim asserted. 18. The HOA responded to the request to produce documents with a detailed table identifying the specific documents responsive to each corresponding request. This response is attached as Exhibit “A” and incorporated herein. No documents were identified or produced as responsive to the request made in {]1.1 quoted above. 19. On November 19, 2017, Galway Bay served its First Request for Admissions and asked the HOA to admit or deny one statement: Admit or deny that the documents produced by you in response to Defendant’s Precertification Request to Produce to Plaintiff served on October 30, 2017 are true and correct copies of all documents in your possession responsive to requests 1, 2 and 3 respectively. The HOA admitted this statement. Copies of Defendant’s First Request for Admissions and Plaintiff's Response to Defendant's First Request for Admissions are attached as Exhibits “B” and “C” respectfully and are incorporated herein. 20. The consents obtained from the individual home owners to engage in mediation and produced as responsive to Request {]1.H are for a designated committee to represent them at mediation under the auspices of the Division of Florida Condominiums, Time Shares, and Mobile Homes. See Exhibit “D.” 21. The Association failed to obtain the written consent of the majority of affected mobile home owners leasing lots in Galway Bay to represent all homeowners in an action challenging the lot rental amount increase in 2017 as required by section 723.037(1), Florida Statutes: The homeowners’ association shall have no standing to challenge the increase in lot rental amount, reduction in services or utilities, or change of rules and regulations unless a majority of the affected homeowners agree, in writing, to such representation. THE LAW APPLIED TO THE FACTS 22. The landlord tenant relationship in a rental mobile home park is between the owner of the land and the owner of the mobile home who have entered into a rental agreement for the placement of the home on a leased lot. This relationship is governed by Chapter 723, Florida Statutes, the Florida Mobile Home Act. 23. The Legislature has substantively limited the right to bring representative claims under Chapter 723 to assure thata mobile homeowners’ association will adequately represent the interests it asserts. 24. Only a Chapter 723 mobile homeowners’ association is authorized to pursue a class action under Florida Rule of Civil Procedure 1.222. 25. A mobile homeowners’ association must qualify as the class representative by establishing its standing, that the claims involve matters of common interest, and the claims alleged can be brought as class action claims. 26. Standing must be established before the filing ofa lawsuit. The HOA cannot acquire standing during the pendency of this lawsuit in order to cure its failure to satisfy the standing requirements at the inception of the lawsuit. 27. Without standing, the Association cannot continue to pursue any claim. 28. Without a qualified Rule 1.222 class representative the claims fail. WHEREFORE, because Plaintiff, GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC., asserted claims that were not based upon matters of common interest or lacked standing to pursue the claims in this action when it filed the Complaint and the deficiency cannot subsequently be cured, and because the Association cannot qualify as a Rule 1.222 class representative authorized to pursue the claims asserted, Defendant BIZA, CORP, d/b/a GALWAY BAY MOBILE HOME PARK, is entitled to final summary judgment as a matter of law, and respectfully requests this Court to: 1) grant its Motion for Final Summary Judgment; 2) declare Defendant the prevailing party; 3) reserve jurisdiction for determination of an award of costs, including attorney's fees ,pursuant to section 723.068, Florida Statutes; and, 4) grant such other relief as this Court deems just and proper. Respectfully submitted, this 29" day of December, 2017. /s/ Carol S. Grondzik CAROL S. GRONDZIK (FBN 0156833) sgrondzik@floridahousinglaw.com DAVID D. EASTMAN (FBN 454559) astman@floridahousinglaw.com gayledcason@floridahousinglaw.com Lutz, Bobo & Telfair, P.A. 2155 Delta Blvd. Suite 210-B Tallahassee, FL 32303 (850) 521-0890 telephone (850) 521-0891 facsimile Attorneys for Defendant CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished electronically via the Florida e-filing portal to Nejla Calvo, Esq., and Jeffrey M. Hearne, Esq., Attorneys for Plaintiff, LEGAL SERVICES OF GREATER MIAMI, INC., 4343 West Flagler Street, Suite 100, Miami, FL 33137 (ncalvo@legalservicesmiami.org: jhearne@legalservicesmiami.org: crodriguez@legalservicesmiami.org: pleadings@legalservicesmiami.org, and Scott L. Baena, Esq., and Jennifer Junger, Esq., Attorneys for Plaintiff, Bilzin Sumberg Baena Price & Axelrod, LLP, 1450 Brickell Ave., Ste. 2300, Miami, FL 33131-3456 (sbaena@bilzin.com; jjunger@bilzin.com: stapanes@bilzin.com: eservice@bilzin.com) this 29" day of day of December 2017. /s/ Carol S. Grondzik Attorney DOCUMENTS IN RESPONSE TO “DEFENDANT'S PRECERTIFICATION REQUEST TO PRODUCE TO PLAINTIFF" Paragraph. |Document Name Pages |Document Date |Subject Attorney Type 1A. Signatures re: HOA |64 1123/2017 Agreement to form Galway Copy proper HOA Bay Mobile HOA formation 1B. Certificate of 4/11/2017 Certificate of Incorporation & Copy Incorporation Notice to park owner 1c. Articles of 4/7/2017 Articles of Incorporation See 1C. for Copy Incorporation Electronic Articles 1D. Bylaws of the HOA 12 3/9/2017 Bylaws of the HOA Copy 1E., 1G. Minutes of Meetings|5 3/9/2017, 4/17/17 HOA Budget, HOA meetings |Redacted Copy since forming 1F. Minutes of Board of Privileged Log Directors THC). Petition to 6/1/2017 Homeowners’ petition for Copy Represent & mediation and statement of Mediate dispute 4H(2). Committee 1/1/2017 Homeowners’ appointment Copy Designation by of committee Homeowners tJ. List of HOA 4 11/7/2017 List of HOA Members Copy Members ‘Communications to N/A Comunications between N/A N/A homeowners re: HOA and homeowners re: litigation litigation Documents Privileged Log between HOA and Attorney EXHIBIT A IN THE CIRCUIT COURT IN AND FOR MONROE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: 2017-CA-000166 MR GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC., Plaintiff, VS. BIZA, CORP, d/b/a GALWAY BAY MOBILE HOME PARK, Defendant. / DEFENDANT’S FIRST REQUEST FOR ADMISSIONS Defendant, BIZA, CORP. d/b/a GALWAY BAY MOBILE HOME PARK, requests the PLAINTIFF, GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC., to admit or deny the following, pursuant to Rule 1.370, Florida Rules of Civil Procedure. The Plaintiff's response to the Request for Admissions, is due within 30 days after service of the request, on or before December 9, 2017. At or before that time the Defendant asserts Plaintiff is required to make the admissions requested, under oath, for the purpose of this action only. Your responses to the following statements must specifically admit or deny the matter or set forth in detail why you cannot truthfully admit or deny the matter. When good faith requires that you qualify an answer, or deny only a part of the matter of which an admission is requested, you are to specify so much of it as is true and qualify or deny the remainder. You may not give lack of information or knowledge as a reason for failure to admit or deny unless you state that you have made reasonable inquiry and that the information known or readily obtainable by you is insufficient to enable you to admit or deny. EXHIBIT B 1 Admit or deny that the documents produced by you in response to Defendant's Precertification Request to Produce to Plaintiff served on October 30, 2017, are true and correct copies of all documents in your possession responsive to requests 1, 2 and 3 respectively. Respectfully submitted, this 9 day of November, 2017. /s/ Carol S. Grondzik CAROL S. GRONDZIK (FBN 0156833) sgrondzik@floridahousinglaw.com DAVID D. EASTMAN (FBN 454559) astman@floridahousinglaw.com gayledcason@floridahousinglaw.com Lutz, Bobo & Telfair, P.A. 2155 Delta Blvd. Suite 210-B Tallahassee, FL 32303 (850) 521-0890 telephone (850) 521-0891 facsimile Attorneys for Defendant CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished electronically via the Florida e-filing portal to Nejla Calvo, Esq., and Jeffrey M. Hearn, Esq., Attorneys for Plaintiff, LEGAL SERVICES OF GREATER MIAMI, INC., 4343 West Flagler Street, Suite 100, Miami, FL 33137 (ncalvo@legalservicesmiami.org; jhearne@legalservicesmiami.org; crodriguez@legalservicesmiami.org: pleadings@legalservicesmiami.org, and Scott L. Baena, Esq., and Jennifer Junger, Esq., Attorneys for Plaintiff, Bilzin Sumberg Baena Price & Axelrod, LLP, 1450 Brickell Ave., Ste. 2300, Miami, FL 33131-3456 (sbaena@bilzin.com; jjunger@bilzin.com; stapanes@bilzin.com; eservice@bilzin.com) this 9th day of day of November 2017. /s/ Carol S. Grondzik Attorney Filing # 65196777 E-Filed 12/1 12” 7 09:38:51 AM \ IN THE CIRCUIT COURT IN AND FOR MONROE COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 2017-CA-000166 MR GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC., Plaintiff, vs. BIZA CORP., d/b/a GALWAY BAY MOBILE HOME PARK, Defendant. / PLAINTIFF’S RESPONSE TO DEFENDANT’S FIRST REQUEST FOR ADMISSIONS GALWAY BAY MOBILE HOMEOWNERS ASSOCIATION, INC. (“Plaintiff”), by and through its undersigned counsel, responds to Defendant’s First Request for Admissions and states as follows: 1 Plaintiff admits paragraph # 1. Respectfully submitted, LEGAL SERVICES OF GREATER MIAMI, INC. Attorneys for Plaintiff By: 4s/ Nejla Calvo, Nejla Calvo, Esq. Florida Bar No.: 118118 Telephone/Facsimile: (305) 438-2407 4343 West Flagler Street, Suite 100 Miami, Florida 33137 Facsimile: (305) 438-2407 E-mail:ncalvo@legalservicesmiami.org rodriguez@legalservicesmiami.org pleadings@legalservicesmiami.org EXHIBIT G BILZIN SUMBERG BAENA PRICE & AXELROD LLP Attomeys for Plaintiff Scott L. Baena, Esq. Florida Bar No. 186445 Email: sbaena@bilzin.com Jennifer Junger, Esq. Florida Bar No. 125853 Email: jjunger@bilzin.com 1450 Brickell Avenue, 23" Floor Miami, Florida 33131 Telephone: (305) 374-7581 Fascimile: (305) 374-7593 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served via Notice of Electronic Filing on December 11, 2017 to: Carol S. Grondzik, Esq. David D. Eastman, Esq. Lutz, Bobo, & Telfair, P.A. Attorneys for Defendant 2155 Delta Boulevard, Suite 210-B Tallahassee, Florida 32303 Telephone: (850) 521-0890 Facsimile: (850) 521-0891 Email: csgrondzik@floridahousinglaw.com astman@floridahousinglaw.com gayledcason@floridahousinglaw.com By: /s/ Nejla Calvo Nejla Calvo, Esq. Florida Bar No.: 118118 1H (1) - Petition for Mediation 7 pages EXHIBIT D 8/94 BPR 34-001 LATION DEPARTMENT OF BUSINESS AND PROFESSIONAL REGU MOBILE HOMES DIVISION OF PLORIDA.LAND SALES, CONDOMINIUMS AND x0) 260] BLAIR STONE ROAD on TALLAHASSEE, FLGRIDA 32399-1032 me ai PETITION FOR MEDIATION BY HOMEOWNERS at ion Florida Land Sales, We, the undersigned, hi ceby request he Div a qualjfied mediator to mediate the Condominiums and Mobi Homes “appoi nt, disputes set forth in this petition! the parties shall be responsible fox paying the undsxystand and agree that We was mediator fee as reg red by Ba tion 123.038(4), Florida Statutes, which aprad, 8, 1982, the amended during the 1992 legislati Session, fective appointed by’ ‘the, 4 ar © ies shall gech pay a $250 Ani gq fee fo th tae: vision or selected ‘by the pat Les, within, 30 days. 4 the Bivision noti ies the parties of the appointment a the, madi: ator. the easel nableress of a) increase dn the idt mental This is a dispute ¢oncerriing er utilities, or ange: in the vrhles and amount; ‘reduction in services regulations &t: Galwows Aigols Wome Bock ‘WaMn OF MOBILE HOME PARK OR SUBDIVISION \Bboi Overseas VWro\wwoar- “ADDRESS OF MOBILE HOMB PAR? OR SUBDSU! ‘SEON Maxaktnon. S&L ZPLEO SIP CITY STATE z wie. “indi ca te ‘the type of park {chécl ony oxe): Mobile Home Park [] wopite Rois subdivision BR meeting was held on ‘ 3/3 ford yu rq {v7 between she developer to discuss wl? sf committee and ‘the park owrer/supdivision the reasonableness of tie proposed chante, but no agreamdnt was reached as to proposed change. ‘ ctad by the proposed change is fh * The number of mobile home lots a - Wires Has a majoraty of ‘the affected homeowners designated in writing is upreasonable? (J ¥e that. the change the joint owners shail be counted (I = mobile home is owned jointly, ONLY ONE VOTE PER MOBILE HOME ms ome for determining the majority. LOT SHBLL i COUNTED.) Page a or 2 a = =r [De reali BER 34-001 Rev.8/94 Page 2 of 2 HOMEOWNERS’ COMMITEE NAME Danid puddkall ADDRESS i SIGNATURE PHONE: 73%) Sl - 1952S TAME Sronn Hageman Fraaaw the genane’ ADDRESS Btol_Cverstas SIGNATURE Lak 1B, Macedon 1S ‘HONE, 252.) 945 ~ SH NAME Solin. Broan ADDRESS SIGNATURE, Leb BS Macodnen FL 58080 PHONE (BS2) 203 - 7084, “RAMEE Bas to, ADDRESS to} “GREBAS SIGNATURE Lok Be, RL 33050 PHONE S34 ) S18 “FTO TAME Groce Prvanncn ADDRESS SIGNATURE Lok 85, Nosetition (PL, 3308s PHONE (340) 274 . 1232. The meme, address, and phone number of exch member of the homeowners’ committees must be listed above, and the petition must_be signe by one or more of the committee members of the homeowners’ ‘comm iza_{oco. dele. Galua, Bary AAP ADDRESS a£Q SEED PHONE OS ) 7! = Gabe The name, address and phone number of the park owner, or subdivision developer, must be listed above aa % re o STATEMENT OF DISPUTE iS the undersigned, in accordance with the Florida Statutes, Section 723.037(8}, dispute the change noticed by the park owner in that: Choose one ox all of the following Depending on the nature of the change. a) The xyerital increase is unreasonable, b} The rental increase has made the lot rertel amount unreasonable, in services or utilities is not accompanied by a c) The decrease corresponding decrease in rent is otherwise unréasonable, or a) The change in the rules and regulations ynreasorable. i We de. gnate the committes prev: chosen to meet the park ~ owner on this change t6 represent us in this dispute ioré the Division of Florida Condominiums, Timeshares , and Mobile Homes. We bereby authorize the committee to mediate this dispute. The number of mobile home lots affected by the proposed change is ob i = NAMES ‘Lot NO. Aroxerogs DATE ‘ape D bacssaratl A Ef hencchhiage “, WOE 8 2 OB Koei EO ey if f7 @ see Ser 15 Bie @ Aetiue bouts Lg thus Load Wf] @ Carl Repfera 6-5 Fart Roclform. ifafsir @. erty Srefrene 4 Lome fait 2 6 Leth leosd Keiarete De=1 gtthoon> rebum fo tL 7 @ STeve Of ce Brio ty CF, “SAP? ® Rever Nese CS Cg Be, 1-717 @ Lexceen Cnmeen and t (oudet Gil {-Fi7 ® Higy Feoena Gia Hasse 4-2 SR @ fichtle Jstopd: h-/ BE. Lo Pe @ DAatd mipegae AA 2 Py Fl? @ SBR Aeddiyje. AE ARO — f£O-TF a STATEMENT OF DISPUTE in accordance with the Plorida Statutes, Section We the undersigned, 723.037(5), dispute the change noticed by the park owner in that: Choose one or 212 of the following Depending on the riature of the change. a) The rental increase is unreasonable, able, b) The rental increase has made the lot rental amount unreason or utiliti es is not accompa nied by a ce) The decrease in services nable, corresponding decrease in rertt oz is pthexwise unreaso The change in the roles and regulations is unreasonable. a) We designate the committee previcusiy chosen to meet with the. park tq xepresent is in this dispute before the owner on this change Hares, and Mobile Homes. We Divisio cf Florida Condominiums, hereby authorize the committee to mediate this dispute. ~~ number of mobile home Jots affected vy the proposed change is LOT NO. SIGNAFURE DATE PRINT NAMES ® Frances Hagemann Dé © Baw bela Fd. iDbao 0 oe ao YL E722. EhIT ® del pes 2h ® Ai Ltd 4 Bega a LD ie Lada 4-8 b tf 28 S017 @ Famde Socks: dG A) Madué Cherie 8 6 LAL tf af? Q rucaan fETEsS ~aA tL4htF @ Biclre vhs ha Lalani Ox F ke Kich t gnabedtite WEL @. XbinD. Stephany & “Dewidre foecudsoil DS DG fae = Hs) iy 7 WB 77 Ughge @ Dames Ente &T const @ Lyle ek. ~eea -3 pp gh Sx. Ce, Be _S @ See Sense. -, @® evar ke Koo lew ne we, 17 e , STATEMENT OF DISPUTE We the undersigned, in accordance with the Florida Statutes, Saction 723.037 (5), dispute the change noticed by the park owner in that: Choose one or all of the following Depending on the nature of the change ay the rental increase is unreasonable, b) The rental increase has made the lot rental amount unreasonable, 2} The decrease in services or utilities is not accompanied by a corresponding decrease in rent or is otherwise unreasonable, a} fhe change in the fules and regulations is unreascnable. We designate the committee previously chosen co meei with the owner on this change to represent us in this dispute befare the Division of Florida Gendominiums, Timeshares, and Mobile Homes. we hereby authorize the committee to madiate this dispute. The pntmber of wébile home lots affécted by the proposed change is 6 PRINT NAMES LOT NO. szexthrony Af) ___DATE @ AS Trop. DY Bt. L9- fT 8 Sain ro She BG 2] biter Fh wud wiilecD , Wee i} sae jx27 8 siyues ClaAuier Ae Aion Cou) Stese Ari eRMAYB— S fee my ey @ Shee Geers. CBE MELA ye G1? @) Z ade Leided deg Leib fix (-4-17 hh om STATEMENT OF DISPUTE, ” gf the os sani Fe whe fran Mi Hagemanry Totes fl, iv 7 I oy Pee tt D op fe ‘2 SEM ct sefe oe widtl df ep As SER€, “i din Pe? Le Cuneta, TOR raises ge J Bs SRA ins 1 OB UDP Zi. wh TihLEftS 4; REL IE as Baxi, pha eige’ i2 oy fo Bend ee ad ni taba ay.recSs fe oI Rr a oesz aw Soh nD eet AAFe re Pa ace 2