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Old 11-09-2018, 05:39 PM
 
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In FL condo laws are very different from HOA laws. The link you posted is for condos. HOAs do not have a requirement to disclose BOD meeting minutes to anyone other than HOA members. They are not public documents.
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Old 11-09-2018, 07:14 PM
 
361 posts, read 259,053 times
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Quote:
Originally Posted by macrodome2 View Post
In FL condo laws are very different from HOA laws. The link you posted is for condos. HOAs do not have a requirement to disclose BOD meeting minutes to anyone other than HOA members. They are not public documents.
Let's try this again. I posted two links. The most relevant one:

https://www.jimersoncobb.com/blog/20...iting-minutes/

Here's the relevant text, I've bolded the HOA section for your convenience:

Quote:
The minutes of any meeting of the Board of Directors for a Condominium Association or a Homeowners’ Association are public records per Florida law
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Old 11-10-2018, 09:22 AM
 
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Of course the docs under Florida law are public
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Old 11-10-2018, 02:11 PM
 
2,407 posts, read 3,189,508 times
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An HOA is governed by FL Statues Chapter 720. Section 720.303(4) as you cited above describes the records to be kept and for how long. Section 720.303(5) addresses access.

INSPECTION AND COPYING OF RECORDS below is taken directly from the statues. I've been an HOA President for a number of years and I would not allow the office to give out meeting minutes to anyone who asked.

The governing documents however, are public records and filed with the county. They are on the county website and we put them on our public website for free. As to the link you provided, The sentence you highlighted was clumsily written and was referring to members of the association which are limited to property owners.

INSPECTION AND COPYING OF RECORDS.—The official records shall be maintained within the state for at least 7 years and shall be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request.

Last edited by macrodome2; 11-10-2018 at 02:21 PM.. Reason: Additional reference
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Old 11-10-2018, 02:27 PM
 
Location: Free State of Florida
25,736 posts, read 12,815,111 times
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I was the President of an HOA Board, and I made the minutes available only to our members. I sent our not-for-profit legal docs to lenders all the time. Those are public record and are on file at the state. I've had Realtors ask for minutes, and I declined and said they are for current HOA members only. I did this to protect the privacy rights of our members, no to try to hide anything bad about the HOA.

Many times the minutes had notations on particular violations involving a single member. For instance, let's say non-payment of HOA dues by a HOA member who is currently in financial distress due to loss of a spouse who paid the family's bills for 50+ years. I saw it as my job to keep that private. That is why I wouldn't release minutes. Sometimes they contained sensitive personal information.
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Old 11-10-2018, 03:55 PM
 
2,407 posts, read 3,189,508 times
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Quote:
Originally Posted by beach43ofus View Post
I was the President of an HOA Board, and I made the minutes available only to our members. I sent our not-for-profit legal docs to lenders all the time. Those are public record and are on file at the state. I've had Realtors ask for minutes, and I declined and said they are for current HOA members only. I did this to protect the privacy rights of our members, no to try to hide anything bad about the HOA.

Many times the minutes had notations on particular violations involving a single member. For instance, let's say non-payment of HOA dues by a HOA member who is currently in financial distress due to loss of a spouse who paid the family's bills for 50+ years. I saw it as my job to keep that private. That is why I wouldn't release minutes. Sometimes they contained sensitive personal information.
Thank you. Those are the reasons we would not hand them out to non members.
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Old 11-10-2018, 04:16 PM
 
Location: Free State of Florida
25,736 posts, read 12,815,111 times
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Quote:
Originally Posted by macrodome2 View Post
Thank you. Those are the reasons we would not hand them out to non members.
Thanks, but that is just the way I roll. Thank-you too for your HOA service.

While I was doing the business of the HOA in the best way I knew how, and for no compensation, another HOA member cursed me out because she had a leak in her condo unit ceiling just as she was listing it for sale. After the 5 minute long profanity-laced tongue thrashing she gave me, I calmly asked "are you ready now for me to help you find the problem, and solve it?"

I sent my guy right over and it turned out the leak was due to poor workmanship when she enclosed the deck hanging off the rear of her condo. When they installed the roof over the deck, they failed to install the flashing correctly to divert water away. Over time, wood rot set in and the water finally found its way into you unit's ceiling. I sent her the pics, and never did receive an apoplogy.

Serving on a HOA Board is no fun, but I served my time well. Never again. Been there, done that, & got NO T-shirt. Sold that property off 2 years ago, and gladly passed the baton to the VP...an ex-judge who did nothing to help with all the duties in my 2 years of service. I had to do my job and his. I asked/begged him to update the legal docs, and he never did. Well, I pray for the HOA members I left behind to that ex-government worker. I don't think they've had the required annual meeting since I left. The bookkeeper I hired to do the HOA books told me so. OMG! An ex-judge.

Sorry if I offended anyone w/ the ex-government worker stuff, but unless you are retired military or law enforcement, I'm going to have to get to know you to think otherwise.

Last edited by beach43ofus; 11-10-2018 at 04:24 PM..
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Old 11-11-2018, 01:55 AM
 
3,438 posts, read 4,454,403 times
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Quote:
Originally Posted by CuriousGirl2018 View Post
I fileg Chapter 7 & my case was dismissed in aug. My sent me a information about a case filed in Nov 2017 asking the court to retain the case bc the court sent notification to dismiss due to no activity.

I received an invoice from the hoa and paid it but the law firm said that was the wrong amount & I need to pay more legal fees. They went and filed a continuance after I sent the court info regarding the payment & invoice paid in full requesting dismissal.
I got a letter from the hoa saying that I was required to enter into a payment arragement after I told them I was not interest in the extra fees.They returned the payment as well

Then they file for continuance lying to the court stating that we were in the process of working out some deal that I knew nothing about.
how do I adress this I don't have money for an atty.aren't they in violation of Tex. Prop. Code §209.0063.
Of course the law firm wants more monies. It's HOA-land!
Your post is a bit confusing as to what case you are talking about.

One case is federal (BK) and it appears it has been dismissed. The other is a state case but it is not clear who filed it or what the subject matter is or who sent the info about that case to you. Have you actually been served?

Did the HOA file a Rule 736 suit (see the citation on the front of the lawsuit you were served with or the name of the suit)? If not then did the HOA file suit seeking judicial foreclosure?

Sounds like the HOA filed suit but never served it and the court sent a notice of intent to dismiss without prejudice. They then filed a motion to retain to keep it on the docket.

Assuming this is a Texas HOA and not a condo, they do not have the discretion to reject payments. They must accept them and apply them as provided by statute.
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Old 11-11-2018, 07:00 AM
 
Location: Free State of Florida
25,736 posts, read 12,815,111 times
Reputation: 19298
I'm terrified anytime a few people get to tell a lot of people what to do.
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Old 11-11-2018, 07:26 AM
 
2,407 posts, read 3,189,508 times
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Quote:
Originally Posted by beach43ofus View Post
I'm terrified anytime a few people get to tell a lot of people what to do.
Actually, that's why I ended up where I am. The prior President was a nightmare- wanted to run everything, so there was a recall petition. He resigned along with 2 of the other board members. The community was able to reconstruct the board and we have a great board now with people who work together. We worked as a team and cleaned up all the messes that were left behind and we're in a great position now. That's the only reason I stay on the board.

As to the resident that cursed you out, I don't think I would have been as patient as you. My response is to walk away or put the phone down until they calm down and can talk civily. We do remind the residents often that this is a volunteer position. Since I've been on the board, we have only gotten one more person that there are openings to run and even have an election. Prior to that we had open seats and people were just walking on because no one would run- in a community of almost 900 homes, you can't get 7 people to run for office
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