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MIDSOUTH GOLF v. FAIRFIELD HARBOURSIDE

No. COA07-64.

652 S.E.2d 378 (2007)

MIDSOUTH GOLF, LLC, Plaintiff-Appellant, v. FAIRFIELD HARBOURSIDE CONDOMINIUM ASSOCIATION, INC., Fairfield Harbourside II Condominium Association, Inc., The Fairways Condominium Property Owners Association, Inc., Sand Castle Cove Condominium Association, Inc., Sand Castle Village Condominium Association, Inc., Sand Castle Village II Condominium Association, Inc., Waterwood Townhouses Property Owners Association, Inc., Windjammer Villas Association, Inc., and Windjammer Villas II Condominium Property Owners Association, Inc., Defendants-Appellees.

Court of Appeals of North Carolina.

November 6, 2007.

Attorney(s) appearing for the Case

Ward and Smith, P.A., by Eric J. Remington, New Bern, for Plaintiff-Appellant.

Troutman Sanders LLP, by Gary S. Parsons, Gavin B. Parsons, and D. Martin Warf, Raleigh, for Defendants-Appellees Fairfield Harbourside Condominium Association, Inc.; The Fairways Condominium Association, Inc.; Sandcastle Village Condominium Association Inc.; Windjammer Villas Association, Inc.; and Windjammer Villas Association II Condominium Property Owners Association, Inc.

Van Winkle, Buck, Wall, Starnes and Davis, P.A., by Craig D. Justus, Asheville, for Defendants-Appellees Fairfield Harbourside II Condominium Association, Inc.; Sandcastle Cove Condominium Association, Inc.; Sandcastle Village II Condominium Association, Inc.; and Waterwood Townhouses Property Owners Association, Inc.

McGEE, Judge.

Fairfield Harbour, Inc. (FHI) recorded a set of restrictive covenants, entitled Master Declaration of Fairfield Harbour (the Master Declaration), in 1979. The Master Declaration governs the property development known as Fairfield Harbour, which is located in New Bern, North Carolina, and which was, in 1979, owned by FHI. The Master Declaration applies to all properties within Fairfield Harbour, including

each subdivided lot therein, each unit...

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