In re Foreclosure of Johnson

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Respondents in this case were owners of a condominium unit, and Petitioner was the administrator and manager of the condominium. At issue in this case was whether the trial court erred in granting a judgment and dismissal in favor of Respondents, pursuant to N.C. R. Civ. P. 42, reasoning that Petitioner's lien and foreclosure claim against Respondents' condominium unit was invalid because it was based upon an improperly administered assessment and not a valid debt. The court of appeals vacated and remanded the matter to the trial court, concluding that Petitioner's assessment against Respondents' unit was unlawful, in that it was not uniform and not levied on a pro rata basis, but concluded further that Petitioner did have the authority to make the assessment against Respondents. The Supreme Court (1) affirmed the decision of the court of appeals that Petitioner's assessment against Respondents' unit was unlawful because it was not applied uniformly nor calculated in accord with Respondents' percentage undivided interest in the common areas and facilities; and (2) held that the remaining issues addressed by the court of appeals were not properly before the Court. Remanded. View "In re Foreclosure of Johnson" on Justia Law