Tag Archives: johnson

Sizing up Safety

Despite entrance gates, security patrols and neighborhood watch groups, community associations are not immune to crime. As the slow economy leads to layoffs and tightened personal budgets, desperate people may break the law.  Perhaps now may be the best time for an association to review its safety and the steps it can take to help prevent crime. 

“I think we’ll see an increase in crime with the number of homes that are vacant due to foreclosure,” says Melinda Johnson, CMCA a senior property manager. ” With banks posting notices of ownership…, criminals may begin to look for the right opportunity.” 

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CA: Newport Coast Squatters Featured in OC Weekly Get Arrested

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

The Duncans, who took over the Newport Coast property in mid-September and refused to leave, had used Kelly Scott Johnson, a Newport Beach lawyer, to threaten a lawsuit against homeowners’-association officials because they declined to grant the couple gate entrance and exit privileges.
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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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