Progress Point One-B Condominium Association, Inc. v. Progress Point One Property Owners Association, Inc. (Lawyers Weekly No. 15-15-0211, 16 pp.) (Gregory McGuire, J.) 2015 NCBC 20 Holding: Plaintiff’s conversion claim is based on money it voluntarily paid to defendant, but ...Read More »
Real Property — Subdivision Assessments – Sub-Developer – Contract – Parol Evidence Rule – Attorneys’ Fees & Expenses
Currituck Club Property Owners Association, Inc. v. Mancuso Development, Inc. (Lawyers Weekly No. 15-16-0061, 24 pp.) (Mark Davis, J.) Appealed from Currituck County Superior Court (Walter Godwin Jr. & Jerry Tillett, JJ.) N.C. App. Unpub. Holding: In a case brought ...
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In re Proposed Foreclosure of Claim of Lien against Johnson The petitioner-condominium association violated the uniformity requirements of the Unit Ownership Act and the condo development’s declaration when it made renovations and assessments for one building separately from the development’s other 32 buildings.Read More »
Fairfield Harbour Property Owners Association, Inc. v. Drez Even though a planned community’s covenant declarations give the plaintiff-homeowners’ association the authority to acquire and own recreational amenities, neither the declarations nor the Planned Community Act gives the association the authority to use annual assessments from homeowners to finance the purchase of recreational amenities.Read More »
Real Property – Assessments – Liquidated Debt – Partial Payment — ‘Full Payment’ on Memo Line – No Accord & Satisfaction
In re Foreclosure by Five Oaks Recreational Association, Inc. Respondent had not communicated with petitioner at all, much less disputed the amount he owed, before he dropped off a check for less than the full amount at petitioner’s lawyer’s office. Even though respondent purportedly wrote (illegibly) “full payment” on the memo line, petitioner’s cashing of the check did not constitute an accord and satisfaction.Read More »