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

Summary

The court held that the North Carolina Condominium Act's power-of-sale foreclosure provision applies to condominiums created before 1 October 1986 when the relevant assessment and default occurred afterward, unless the condominium declaration expressly provides otherwise. Because the declaration neither excluded power-of-sale foreclosure nor limited foreclosure to judicial proceedings, the association possessed that authority. The court reversed the Court of Appeals and remanded for consideration of the respondent's separate argument that he was not in default.