In re Foreclosure of a Lien by Executive Office Park of Durham Ass'n against Rock
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The Supreme Court reversed the decision of the court of appeals vacating the trial court's order authorizing sale and remanded the case, holding that the condominium association Executive Office Park of Durham Association, Inc. (Executive Office) had the power of sale for foreclosure pursuant N.C. Gen. Stat. 47C-3-116 for nonpayment of an assessment that occurred after October 1, 1986.
The condominium in this case was formed prior to the enactment of the North Carolina Condominium Act in 1985. In 2018, Executive Office filed a claim of lien against three units owned by Martin Rock, alleging that assessments and other charges from 2018 had remained unpaid for more than thirty days. Thereafter, the substitute trustee sainitiated a power of sale foreclosure. The superior court entered an order authorizing sale. The court of appeals reversed, concluding that Executive Office lacked the power of sale for foreclosure. The Supreme Court reversed, holding (1) the court of appeals erred by failing to apply N.C. Gen. Stat. 47C-1-102(a) when addressing Rock's argument that Executive Office lacked the power of sale for foreclosure; and (2) because the condominium was created in North Carolina before October 1, 1986 and the assessments and non-payment occurred after that date, Executive Office possessed the power of sale permitted by section 47C-3-116(f).
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