By law, notice requirements related to a foreclosure action must be strictly complied with. Even the failure to properly record collection actions (lien and foreclosure authorizations) in the minutes could be a basis for reversing a foreclosure sale. (Diamond v. Superior Ct.)
A. DECISION TO RECORD A LIEN FOR DELINQUENT ASSESSMENTS
- Majority vote of the board required.
- Vote to take place in an open meeting.
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Record the vote in the minutes of that meeting and refer to the matter by Assessor's Parcel Number (APN) (Civ. Code § 5673.)
B. DECISION TO INITIATE FORECLOSURE OF A LIEN
- Majority vote of the board required.
- Vote to take place in executive session.
- Record the vote in the "Executive Session Summary" of the minutes of the next following open meeting.
- Refer to the matter in the minutes by APN, not owner's name. (Civ. Code Section 5705(c).)
C. CORRECTING PRIOR MINUTES
- Corrections to the minutes should be made in open session.
- Place "Correction of Minutes of the Meeting of (date)" on the agenda.
- Board member makes motion to correct minutes as needed.
- Majority vote of board required.Record statement in minutes that prior meeting's minutes (state date) were corrected.
- Remove the incorrect language from the minutes being corrected and insert the corrected language.
- Discard incorrect minutes and replace with corrected minute.
- Place corrected minutes in the association's corporate records.
See Foreclosure Decision and Sample Minutes.
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