McVicker v. Bogue Sound Yacht Club, Inc.

*138 TYSON, Judge.

*70 Joseph and Susan McVicker ("Plaintiffs") appeal from the trial court's order granting summary judgment to the Bogue Sound Yacht Club, Inc. ("Defendant" or "the Association"). We reverse the trial court's order and remand to the trial court for entry of summary judgment in favor of Plaintiffs.

I. Background

Defendant is a non-profit corporation, which operates the homeowners' association for the Bogue Sound Yacht Club subdivision located in Carteret County. Plaintiffs are lot owners within the subdivision. The subdivision is subject to the Amendment of Declaration of Covenants,…