Tag Archives: bar

TX: Appeals court affirms conviction of constable who destroyed HOA property

Jannereth, 71, was convicted in February 2010 after the Bar VK Air Ranch Estates homeowners association complained to the Denton County Sheriffs Office that he twice tore down a barricade it put up to keep unauthorized visitors from driving large vehicles onto the private lake area on the property.

Authors: Community Associations Network National

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MS: Bill eyed over subdivision gripes

News items of national interest regarding Condominium and Homeowner associations, compiled by the Community Associations Network

While more property owners come forward to protest what they consider unreasonable homeowners association dues, attorneys with the state Bar Association are proposing a bill to put before the Legislature next year to help homeowners
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Best bet is to use attorney for filings

Q. Is it possible for an HOA to file a foreclosure on a residence without an attorney?

As to whether a non-lawyer can file foreclosures, I checked with David Johnson, an attorney with the N.C. State Bar.According to Johnson, the N.C. Court of Appeals has held that corporations may not appear before the courts unless represented by counsel, except for cases in small claims court or to avoid the entry of a default in a higher court. Because a foreclosure proceeding requires the preparation and drafting of court pleadings and a court appearance, an incorporated HOA may not lawfully conduct its own foreclosure without an attorney.

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