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 statutory power of sale for foreclosure of unpaid assessments occurring after October 1, 1986, because the statute’s plain language applies and the declaration does not expressly prohibit such foreclosures, and it reversed and remanded the Court of Appeals decision.