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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
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Experience:  25 years of experience in general practice, real estate law and estate law.
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1. If BOD at its regular monthly Meeting adopts a Foreclosure

Resolved Question:

1. If BOD at its regular monthly Meeting adopts a Foreclosure Resolution against X propeerty and authorizes its attorney to pursue it, should that be afterwards acknowledged in any way in the Minutes of that Meeting?

2. Is every regular meeting also an executive meeting? If not, how should the two be distinquished?

Thank you.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 9 months ago.

Welcome and thank you for your question. I will be the professional that will be assisting you.

If BOD at its regular monthly Meeting adopts a Foreclosure Resolution against X propeerty and authorizes its attorney to pursue it, should that be afterwards acknowledged in any way in the Minutes of that Meeting?



There should always be minutes of the meetings for every meeting.

Regular meetings, special meetings and executive sessions are not the same and need to be noticed in advance and an agenda must be provided to establish what will occur at the meeting.


Is your board noticing the meetings and providing agendas?

Customer: replied 9 months ago.


There were minuts for this meeting, but the Forecloser Resolution was not mantioned.


 


The Agenda for this Meetiing did not mention Foreclosure matter either.

Expert:  Attyadvisor replied 9 months ago.

North Carolina Statutes allow the board to provide different designations for meetings. That being said, the Bylaws need to include the designations. The laws are not very strict and leave many factors in the hands of the board.

 

Both North Carolina General Statutes § 47F-3-118(a) and North Carolina General Statutes § 47C-3-118(a) require that minutes of the meeting be provided for all meetings.

 

The answer is yes they are required.

Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3373
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 9 months ago.


My question here was whether should everything approved or adopted at the meeting (resolution e.g.) be recorded in its minutes.

Expert:  Attyadvisor replied 9 months ago.

1. If BOD at its regular monthly Meeting adopts a Foreclosure Resolution against X propeerty and authorizes its attorney to pursue it, should that be afterwards acknowledged in any way in the Minutes of that Meeting? This must be maintained in the minutes. The resolution to foreclose must be noted in the minutes.




2. Is every regular meeting also an executive meeting? If not, how should the two be distinquished?
Regular meetings, special meetings and executive sessions are not the same and need to be noticed in advance and an agenda must be provided to establish what will occur at the meeting. If this was not on the agenda that is an issue for the association.

Expert:  Attyadvisor replied 9 months ago.
Thank you.

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