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McGINNIS POINT OWNERS ASS'N v. JOYNER

No. COA98-1486.

522 S.E.2d 317 (1999)

McGINNIS POINT OWNERS ASSOCIATION, INC., and the Board of Directors of McGinnis Point Owners Association, Inc., Plaintiffs, v. Barney G. JOYNER, and wife Phyllis M. Joyner, Defendants.

Court of Appeals of North Carolina.

December 7, 1999.

Attorney(s) appearing for the Case

Kirkman, Whitford & Brady, P.A., by Carolyn B. Brady, Morehead, for plaintiff-appellees.

Temple & Petersen, by G. Henry Temple, Jr., Raleigh, for defendant-appellants.

LEWIS, Judge.

Plaintiffs, McGinnis Point Owners Association, Inc. ("Owners' Association") and its Board of Directors, are charged with maintaining and administering the real properties of McGinnis Point, administering and enforcing applicable covenants and restrictions, and collecting and disbursing all relevant assessments. Two tracts of land approximately one mile apart comprise McGinnis Point. The first tract ("McGinnis Point Subdivision") is a ten-acre, ninety...

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