Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Porter v. Beaverdam Run Condominium Association

Court of Appeals of North Carolina

May 1, 2018

ANN HARDY PORTER, TRUSTEE OF THE ANN HARDY PORTER LIVING TRUST, DATED MARCH 9, 2000; JANET S. WILKINS; MARY ANN CASE; VIRGINIA W. HAYES; SYBEL B. HOFFMAN; KATHLEEN HANDLEY, TRUSTEE OF THE HANDLEY LIVING TRUST; PHILLIPS CUTRIGHT AND KAREN CUTRIGHT; KARL LEBER AND HEIDI A. LEBER; PHYLLIS LANGTON, TRUSTEE OF THE DR. PHYLLIS A. LANGTON REVOCABLE TRUST, DATES MAY 1 2001; Plaintiffs,
v.
BEAVERDAM RUN CONDOMINIUM ASSOCIATION, Defendant.

          Heard in the Court of Appeals 25 January 2018.

          Appeal by Plaintiffs from order entered 31 March 2017 by Judge Alan Z. Thornburg in Buncombe County No. 15-CVS-04173 Superior Court.

          Adams Hendon Carson Crow & Saenger, P.A., by E. Thomison Holman, for the Plaintiffs.

          Cranfill Sumner & Hartzog LLP, by John W. Ong, for the Defendant.

          DILLON, Judge.

         Plaintiffs are owners of residential condominiums in Beaverdam Run (the "Community"), located in Buncombe County. Plaintiffs brought this action seeking a declaration that the Community's owners' association, Beaverdam Run Condominium Association (the "Association"), is required to maintain flood insurance for its buildings located in a flood zone. The trial court entered an order granting summary judgment in favor of the Association and denying Plaintiffs' request for declaratory judgment. For the following reasons, we reverse and remand for action consistent with this opinion.

         I. Background

         The Association has a board of directors elected by the owners of units in the Community and is governed by a declaration (the "Declaration"). The Community consists of sixty-six (66) buildings. Five of these buildings are located within a flood zone as designated by the Federal Emergency Management Agency ("FEMA"). Each Plaintiff owns a unit in one of these five buildings.[1]

         From approximately 2006-2012, the Association maintained flood insurance on each of the five buildings containing Plaintiffs' units. In 2012, the Association decided not to renew the flood insurance policy, citing concerns regarding cost and the allocation of the expense among the other members of the Association.[2] The Association notified all owners in the Community of its decision not to renew the flood insurance policy in a detailed letter, in accordance with the terms of the Declaration. The Association declined Plaintiffs' subsequent requests that the Association resume purchasing and maintaining flood insurance on the five buildings.

         In September 2015, Plaintiffs filed a complaint seeking a declaratory judgment from the trial court regarding the Association's obligation to maintain flood insurance. The Association filed an answer and a motion for summary judgment.

         In March 2017, the trial court entered an order granting the Association's motion for summary judgment and dismissing Plaintiffs' complaint with prejudice. Plaintiffs timely appealed.

         II. Standard of Review

         We review a trial court's grant of summary judgment de novo. Forbis v. Neal, 361 N.C. 519, 524, 649 S.E.2d 382, 385 (2007). Summary judgment is proper if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." N.C. R. Civ. P. 56.

         III. Analysis

         Plaintiffs' sole argument on appeal is that the trial court erred in granting the Association's motion for summary judgment, contending that the Association does, in fact, have a duty ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.