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Tag Archives: file

FL: Money File-Surviving the Condo Crisis

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

Condominiums are a popular lifestyle choice for many baby boomers, especially those who don`t enjoy time-consuming chores like landscaping. But condo life isn`t always easy. Owners could face unexpected financial pitfalls. In tonight`s “Money File,” Benno Schmidt has the story of an embattled condo owner, on a mission to save her community and her investment.
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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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