Most community associations already know the Planned Community Act allows them to place a lien on a delinquent homeowner's property and foreclose on that interest.
Most community associations already know the Planned Community Act allows them to place a lien on a delinquent homeowner's property and foreclose on that interest. But to do so,.
Home Owners Associations must comply with the statute governing the Planned Community Act. In a case highlighting the perils of noncompliance, North Carolina Court of Appeals awarded a homeowner damages and attorneys' fees because the HOA failed to conduct a proper foreclosure.
The North Carolina Court of Appeals recently published an opinion in Bryan v. Kittinger that has the potential to impact how community associations, such as HOAs, can amend restrictive.