Category Archives: Community Association

This a relatively unique set of facts, but one that is occurring more often over the last several years.  The property owner and chapter 7 debtor was the record owner of the lot encumbered by a judgment lien transferred from … Continue reading

Posted in Bankruptcy-Creditor's Rights, Community Association, Real Property, Special Assets Collection |

The legislature recently cleaned up a longstanding issue in the North Carolina Planned Community Act when it passed HB 330 (text).  This act, which is awaiting the Governor’s signature, clarifies issues involving successor declarants. . When the Legislature enacted the … Continue reading

Posted in Collections / Special Assets, Community Association, New Laws |

The Supreme Court of North Carolina’s opinion in Dallaire v. Bank of America, released last week, affirms that Chapter 7 bankruptcy proceedings will not discharge liens on property. This is of particular interest to associations. The court suggests that while … Continue reading

Posted in Appeal, Collections / Special Assets, Community Association |

According to survey results released last week from the Community Associations Institute, Americans who live in areas subject to homeowners associations are “overwhelmingly satisfied” with their communities.  Over 65 million Americans live with homeowners associations; two-thirds of those surveyed rated … Continue reading

Posted in Community Association, Our Firm |

How does the recent CTS decision affect your association? Similar to a statute of limitation, a statute of repose prescribes a time limit during which a suit must be filed or all right to recovery are lost. However, a statute … Continue reading

Posted in Appeal, Community Association, New Laws, Toxic Spills |