Legal Opinion · Dissent

In re the Proposed Foreclosure of Claim of Lien

Supreme Court of North Carolina

Decided October 5, 2012No. 268A11Published

1DissentJustice Martin

The majority decision relieves respondents of the statutory duty to contribute pro rata toward the expenses for renovating their condominium common areas. This decision contravenes the legislative purpose behind the enactment of N.C.G.S. § 47A-12, which requires all unit owners to pay their pro rata share of common expenses. This outcome-determinative provision states succinctly: “[U]nit owners are bound to contribute pro rata____No unit owner may exempt himself from contributing toward such expense . . . .” N.C.G.S. § 47A-12 (2011). In reversing an assessment imposed to recoup expenses for…

2Cases cited2 opinions

  1. Dunes South Homeowners Ass'n, Inc. v. First Flight Builders, Inc.Supreme Court of North Carolina · 1995
  2. Oronoque Shores Condominium Ass'n No. 1, Inc. v. SmulleyConnecticut Appellate Court · 2009

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