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DUNES SOUTH HOMEOWNERS ASS'N, INC. v. FIRST FLIGHT BUILDERS, INC.

No. 3A95.

459 S.E.2d 477 (1995)

341 N.C. 125

DUNES SOUTH HOMEOWNERS ASSOCIATION, INC. v. FIRST FLIGHT BUILDERS, INC.

Supreme Court of North Carolina.

July 28, 1995.

Attorney(s) appearing for the Case

Aycock, Spence & Butler by Charlie Aycock and Betsy Butler, Nags Head, for plaintiff-appellant.

Defendant-appellee did not file a brief.

Michael F. Easley, Atty. Gen. by Thomas R. Miller, Sp. Deputy Atty. Gen., and Blackwell M. Brogden, Jr., Chief Deputy Legal Counsel, on behalf of N.C. Real Estate Com'n, Raleigh, amicus curiae.

FRYE, Justice.

Plaintiff presents two issues on this appeal: (1) whether defendant, the developer of a condominium project subject to the provisions of Chapter 47A of the North Carolina General Statutes as it existed in 1980,1 may exempt itself from the payment of its pro rata share of maintenance assessments for units it owns; and (2) whether all or a portion of plaintiff's claim for assessments...

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