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In my case with our HOA, I inspected the minute books and found that "Conditions precedent" to the HOA foreclosure may not have
Anonymous4 views4 answers
been fully complied with and adhered to.
The legal advisor was present at the meeting, and presented "some recommendations" all of which were not stated in the minutes, and to which the Board agreed for the legal advisor to proceed with.
The 45 day notice was subsequently mailed. Do the recommendations have to be specifically stated in the minute book, from a strictly legal point of view, and is the 45 day notice premature with this cloud over its operation, procedure and existence?
If so, can the minutes, that were 'approved as written' by the Board, be altered or is it required that another meeting has to be convened in order to rectify this serious issue?
If the HOA has an attorney, as indicated in your question, you should start by asking that person. You might be prepared to explain the underlying nature of your concern, too.
Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
You need a lawyer because you are at risk of losing your home. There are no laws specifying what the minutes must contain except for who is in attendance at meeting and how the directors voted. These discussions are subject to attorney-client privilege and not subject to disclosure.
Not everything goes into the minutes. If the Board met with a lawyer that may be protected under the attorney client privilege. You may be risking your home assuming that this a condition precedent to begin with, let alone applicable. See a lawyer ASAP.
Defenses against HOA Foreclosure are very few. One of the few defenses is that the HOA didn't comply with its bylaws prior to a foreclosure. However, I agreed with my colleagues that you must look for an attorney as soon as possible. I recommend an attorney that is an expert in fighting HOA foreclosures which are very different from mortgage foreclosures. Good Luck to you..
