Tag Archives: Homeowners’ Association

Real Property – Subdivision Roads — Maintenance Responsibility – Deed – Developer to HOA (access required)

Carolina Coast & Lakes, Inc. v. The Shores at Land’s End Homeowners’ Association, Inc. The provisions of the deed from the developer to the homeowners’ association could be read to transfer responsibility for upkeep of the subdivision’s roads to the HOA immediately or only when the roads were eligible for takeover by the N.C. Department of Transportation – which has yet to occur for some of the subdivision’s roads.

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Real Property – Foreclosure – Civil Practice – Void Judgment – Transfer Set Aside (access required)

In re Proposed Foreclosure against Zheng After the trial court determined that the respondents’ homeowners’ association failed to give respondents proper notice of the foreclosure on respondents’ property, the trial court could set aside the sale of respondents’ property to the appellant-purchaser according to the interpretation of G.S. § 1-108 set out in Town of Cary v. Stallings, 97 N.C. App. 484, 389 S.E.2d 143 (1990). We affirm the order of the trial court deeming the foreclosure deed void and setting it aside.

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Swain County HOA wins $2.4M verdict in defective roads dispute (access required)

A western North Carolina homeowners association has been awarded $2.4 million in compensatory damages in a dispute over defective roads - a verdict that may be the largest ever in Swain County, an attorney associated with the case said. Jurors returned the verdict on Feb. 17 after a two-week trial. The Alarka Creek Properties Homeowners Association sued Cane Creek Development Corporation of Bryson City and Charlotte-based W.K. Dickson & Co., alleging breach of express and implied warranties, breach of contract, negligence, fraud and unfair and deceptive trade practices.

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