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BATTERY HOMEOWNERS ASSOC. v. LINCOLN FIN. RESOURCES, INC.

23701

309 S.C. 247 (1992)

422 S.E.2d 93

The BATTERY HOMEOWNERS ASSOCIATION, an Unincorporated Association of Owners at Phase I of The Battery, Karen Doyle, Owner of Unit # 1, Marion Dicks Coleman, Owner of Unit # 3, Kenneth E. McNutt, Owner of Unit # 4, Gerald F. Miller, Owner of Unit # 8, James F. Derrick, Owner of Unit # 9, Christopher C. Zito, Owner of Unit # 12, Jamie Ball & Ronald W. Howland, Jr., Owners of Unit # 13, Linda Beth Driftmier, Owner of Unit # 19, Virginia Saad, Owner of Unit # 20, Kathryn Jenness, Owner of Unit #21, Richard & Denise Davidson, Owners of Unit # 22, Dr. Dwen Murphy, Owner of Unit # 23, B. Alan Coxwell & Cynthia Joy Allison, Owners of Unit #24, Donnie B. Malphrus, Owner of Unit # 27, Walter Derrick, Owner of Unit # 28, Marion L. Boyd, Owner of Unit # 29, Walter Derrick, Owner of Unit # 30, Donnie B. Malphrus, Owner of Unit # 31, Luke N. & Hazel Brown, Owners of Unit # 32, James & Peggie Prince, Owners of Unit # 33, Marshall & Clara Hiddleson, Owners of Unit # 34, Patricia M. Basnett, Owner of Unit # 36, Respondents v. LINCOLN FINANCIAL RESOURCES, INC., and/or O. Lamar Allen and Units 2, 5, 6, 7, 10, 11, 14, 25, 26, and 35, of whom Lincoln Financial Resources, Inc., is the Appellant.

Supreme Court of South Carolina.

Decided August 31, 1992.

Attorney(s) appearing for the Case

Deborah R.J. Shupe, of Berry, Dunbar, Daniel, O'Connor & Jordan, Columbia, for appellants.

H. Fred Kuhn, Jr., of Moss & Kuhn, P.A., Beaufort, for respondents.

Heard June 2, 1992.

Decided Aug. 31, 1992.

MOORE, Justice:

This is an appeal from the master-in-equity's order holding that Respondent The Battery Homeowner's Association (Association) is a horizontal property regime and assessing $159,930 in regime fees and penalties against units owned by Appellant Lincoln Financial Resources, Inc. (Lincoln). We reverse in part and affirm in part.

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