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  5. 879 S.E.2d 169 (2022)
 

MATTER OF EXEC. OFFICE PARK OF DURHAM

No. 240PA21.

879 S.E.2d 169 (2022)

2022-NCSC-106

In the MATTER OF the Foreclosure of a Lien By EXECUTIVE OFFICE PARK OF DURHAM ASSOCIATION, INC. Against Martin E. Rock a/k/a Martin A. Rock.

Supreme Court of North Carolina.

Filed November 4, 2022.

Attorney(s) appearing for the Case

Jordan Price Wall Gray Jones & Carlton, PLLC, Raleigh, by J. Matthew Waters and Hope Derby Carmichael , for petitioner-appellant.

Mark Hayes , Greensboro, for respondent-appellee.

Sellers, Ayers, Dortch & Lyons, PA, by Cynthia A. Jones , Charlotte, for Community Associations Institute, amicus curiae.

¶ 1 In this matter, we address whether a condominium formed prior to the enactment of the North Carolina Condominium Act in 1985 has the power of sale for foreclosure pursuant to section 3-116 of that Act for nonpayment of an assessment that occurred after 1 October 1986. For the reasons addressed herein, given the plain...

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