My jurisdiction is: Florida Lake County.
AT our last BOD meeting we presented a letter from our attorney giving the HOA the option to go to Mediation and suing them for Civil Theft, as they won't return our Construction Deposit. They have 20 days to reply for the former and 30 days to return our deposit before we follow up with the latter.
(They say we have broken a rule which they have made up/misinterpreted a rule to try and justify their own ends). However we have been harrassed by the Secretary and two others for 4 years now and have even joined the board to try and bring some common sense and preserve the freedoms we still have left.
So this letter was presented to the BOD formally at a BOD meeting and in front of many witnesses.
Sadly someone close to our attorney died and he did not immediately mail the letter, 9 days later he did, certified and return receipt. The USPS tried to deliver the letter 11 days after the fact and it is now still sitting at the Post Office and the Secretary has not/will not go and get it. (She is trying to delay collecting it we believe to delay the start of the time frame. So we spoke to our attorney who considers the fact it was hand delivered in front of so many BOD and members they cannot deny receiving it, even if she has omitted it from the minutes, another BOD member has emailed the fact so it is on record.
We have heard that she has been told by the HOA attorney the clock starts ticking when she collects the letter! I don't want to keep phoning our attorney, it costs money to be told again that the clock starts ticking the day they got it, AGAIN. I would just like outside opinion on this as it all seems to be opinion and how well argued a case is. So when does the clock starts ticking and as there time is up in 4 days, surely a judge would see straight through their stalling?
AT our last BOD meeting we presented a letter from our attorney giving the HOA the option to go to Mediation and suing them for Civil Theft, as they won't return our Construction Deposit. They have 20 days to reply for the former and 30 days to return our deposit before we follow up with the latter.
(They say we have broken a rule which they have made up/misinterpreted a rule to try and justify their own ends). However we have been harrassed by the Secretary and two others for 4 years now and have even joined the board to try and bring some common sense and preserve the freedoms we still have left.
So this letter was presented to the BOD formally at a BOD meeting and in front of many witnesses.
Sadly someone close to our attorney died and he did not immediately mail the letter, 9 days later he did, certified and return receipt. The USPS tried to deliver the letter 11 days after the fact and it is now still sitting at the Post Office and the Secretary has not/will not go and get it. (She is trying to delay collecting it we believe to delay the start of the time frame. So we spoke to our attorney who considers the fact it was hand delivered in front of so many BOD and members they cannot deny receiving it, even if she has omitted it from the minutes, another BOD member has emailed the fact so it is on record.
We have heard that she has been told by the HOA attorney the clock starts ticking when she collects the letter! I don't want to keep phoning our attorney, it costs money to be told again that the clock starts ticking the day they got it, AGAIN. I would just like outside opinion on this as it all seems to be opinion and how well argued a case is. So when does the clock starts ticking and as there time is up in 4 days, surely a judge would see straight through their stalling?
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