Managing safety in a homeowner association is a thankless job. If you do it well, few residents even notice. If you make a mistake, you could be vilified and even sued for endangering others. Here are six dos and don’ts that will help you ensure the safety of your residents and keep yourself off their security radar screen.
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.