Riverpointe Homeowners Association v. Mallory

ELMORE, Judge.

RiverPointe Homeowners Association, Inc. (petitioner), appeals an order preventing it from foreclosing its claim of lien on Tanya Mallory (respondent). For the reasons stated below, we reverse the order of the superior court.

Respondent purchased a home in the RiverPointe residential community in Charlotte. RiverPointe homeowners are subject to certain restrictive covenants in an “Amended and Restated Declaration of Covenants, Conditions and Restrictions for RiverPointe” (the Declaration), including “[k]eeping land, including any lawns and shrub beds, well maintained and free of…