In addition, any sums that had already accrued against those lots at the original discounted rate became immediately due and payable under the new amendment. In November 2011, the Association approved and recorded an amendment to the assessment provisions which erased the benefits previously enjoyed by builders and subjected all builder-owned lots to the full rate of assessment after the date of the amendment. The original assessment provisions in the recorded Declaration provided that “the builder of the initial improvements on a Lot” would be liable for 25% of assessments levied against each of the builder’s lots and that payment of the discounted amount would be deferred until each lot was ultimately sold to a homebuyer. The Wallachs and another plaintiff were builders who together owned three of the forty-four lots in the Linville community. Linville Owners Association, Inc., the Wallachs sued the Linville Owners Association arguing that an amendment to the assessment provisions in the community’s recorded Declaration was unreasonable and unenforceable because it was inconsistent with the “original intent of the Declaration.” The NC Court of Appeals has confirmed that satisfying all of the procedural steps necessary to pass an amendment isn’t always enough to make it enforceable in court. Insurance, Condemnation & Real Estate Issues.Judicial & Administrative Enforcement Actions.Collections, Liens, Foreclosures & Bankruptcies. Document Drafting, Interpretation & Modification.Alienation of Affections & Criminal Conversation.
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