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Real Property – Homeowners Association Assessments – Foreclosure (access required)

In re Foreclosure of Shaw Contrary to respondent’s argument, a homeowners’ association does not need an instrument with a power of sale in order to foreclose when a homeowner fails to pay assessments. The association can foreclose under G.S. § 47F-3-116(a) of the Planned Community Act, as petitioner did here.

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