Legal Question in Real Estate Law in Florida
recorded documents
we have forms from memberes of our HOA and they have authorized the board to accept certain things from a developer..if we record the authorizing forms... can the members that signed them change their minds after recording or does recording the document make it irrevocable
2 Answers from Attorneys
Re: recorded documents
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Without knowing more about the "forms" you are describing it is impossible to voice any opinion on your question. Was there a formal board action? Did they have a required quorom when a vote was taken? Was there the majority requirement met? Did the board have the authority to take whatever action you are suggesting was taken?
All of these questions and more would have to be reviewed by a qualified attorney after reading your declaration and bylaws in order to give a legal opinion. If the issue(s) is/are important enough, you should consult an attorney to do so.
Scott R. Jay, Esq.
Scott R. Jay, Esq.
Re: recorded documents
All this should be controlled by your rules, etc. Members can change their minds but you will need them to be bound by their original vote/decision.