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Tag Archives: Assessments

Tort/Negligence — Conversion — Property Owners’ Association – Assessments – Breach of Fiduciary Duty– Unjust Enrichment (access required)

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 ...

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Real Property – Condominium Development – Assessments – Uniformity Requirement – Foreclosure (access required)

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.

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Real Property – Homeowners’ Association – Covenant Declaration – Amenities – Assessments (access required)

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.

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Real Property – Assessments – Liquidated Debt – Partial Payment — ‘Full Payment’ on Memo Line – No Accord & Satisfaction (access required)

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.

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