In re Foreclosure of a Lien by Exec. Off. Park of Durham Ass'n against Rock

Summary

The Supreme Court held that a condominium created before the 1985 Condominium Act retains the power of sale for foreclosure of unpaid assessments occurring after October 1, 1986, because the statute’s plain language applies unless the declaration expressly provides the contrary, which it does not. Accordingly, the Court reversed the Court of Appeals and remanded for the lower court to consider the remaining default issue.