The Currituck Club POA v. Mancuso Development, Inc. (North Carolina)

The Currituck Club POA v. Mancuso Development, Inc. (North Carolina)

Currituck POA took action to claim approximately $122,000 in unpaid assessments owed by Mancuso Development, Inc. Mancuso Development argued that a previously entered agreement with the original owner/declarant excused any obligation it had to pay assessments.

The question raised in this case is whether an owner and member of an association may have their obligation to pay assessments waived by the declarant by contract with the declarant. The facts of the case present a Pandora’s Box of problems. Mancuso Development successfully argued against its obligation to pay assessments on Currituck POA’s property by virtue of arguments never before used in cases by builders attempting to avoid payment to an association. Mancuso argued that its third party relationship with the original declarant erased any claim held by the POA. However, a declarant cannot legally waive a builder’s obligation to pay assessments to an association.

This matter presents issues of importance to community association law in North Carolina and would have a substantive negative impact if affirmed by the North Carolina Court of Appeals. The amicus filing will address the principle that the previous ruling was based on a flawed concept; that side agreement would create uncertainty in community associations; the ruling would allow a developer to extinguish  an existing obligation via a bulk transfer; and the ruling demonstrates that the court of appeal is anti-community association.

Brief: CAI's Amicus Brief
Prior Ruling: Superior Court Ruling
Status: Pending
CAI Amicus Brief Author: Jordan Price Wall Gray Jones & Carlton 
CAI Amicus Brief Review Committee: David Ramsey, Esq; Stephen Marcus, Esq; Steve Weil, Esq; Mary Howell, Esq; Steven Sugarman, Esq.

Amicus Curiae Briefs

Amicus curiae briefs allow CAI to educate a court about important legal and policy issues in cases related directly to the community association industry. If your association, municipality or state is being faced with a poorly formulated legal opinion, please consider contacting CAI and submitting an application for an amicus brief. If you have any questions, contact CAI's Government and Public Affairs department at [email protected] 

  • Brief Request Submission Procedure

    Amicus curiae (friend of the court) briefs allow organizations with an expertise in a certain area of the law to educate a court about the legal issues in a particular case.

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  • Brief Request Review Procedure

    Amicus requests submitted to CAI shall be reviewed by an Amicus Curiae Advisory Committee (Amicus Committee). An Amicus Curiae Review Panel shall vote by e-mail or via conference call on the request.
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