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TIMBERSTONE HOMEOWNER'S v. SUMMERLIN

No. S96A0059.

467 S.E.2d 330 (1996)

266 Ga. 322

TIMBERSTONE HOMEOWNER'S ASSOCIATION, INC. v. SUMMERLIN.

Supreme Court of Georgia.

March 4, 1996.

Attorney(s) appearing for the Case

Jeffery H. Schneider, Derek W. Johanson, George E. Nowack, Jr., Weissman, Nowack, Curry & Zaleon, P.C., Atlanta, for Timberstone Homeowner's Ass'n, Inc.

Candler Crim, Jr., Crim & Bassler, Atlanta, for J.E. Summerlin.

HUNSTEIN, Justice.

J.E. Summerlin purchased property in the Timberstone subdivision in 1976 and then conveyed his interest in the property to Evelyn Summerlin, his wife, who thereafter reconveyed the property to Summerlin in April 1987. Timberstone Homeowner's Association is a Georgia non-profit corporation, incorporated in 1975 for the purpose of maintaining the common areas in the Timberstone subdivision. In 1975, Timberstone's developer recorded a "Declaration...

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