[§667-104]  Prohibited conduct.  It shall be a prohibited practice for any association to engage in any of the following practices:

     (1)  Holding a public sale on a date, at a time, or at a place other than that described in the public notice of the public sale or a properly noticed postponement;

     (2)  Specifying a fictitious place in the public notice of the public sale;

     (3)  Conducting a postponed public sale on a date other than the date described in the new public notice of the public sale; or

     (4)  Completing or attempting to complete nonjudicial foreclosure proceedings against a unit owner in violation of section 667-92(c). [L 2012, c 182, pt of §3(2)]

Case Notes

  Section 667-102(b)(2) did not bar respondent's challenge to association of apartment owners' nonjudicial foreclosure proceedings because respondent's affidavit alleged that she was currently under a payment plan with the association of apartment owners as of the foreclosure date.  The respondent's claims therefore fell under the §667-102(b)(2) "otherwise provided by law" exception.  139 H. 278, 389 P.3d 115 (2016).