Miles v. Carolina Forest Ass'n

McCullough, judge.

This case arose out of a dispute between a subdivision association, Carolina Forest Association (“CFA”), and owners of undeveloped property in the subdivision (“plaintiffs”). CFA, by way of counterclaim, sought payments of certain fees and assessments they contended were agreed to by plaintiffs, and which were to be used for improvements to common areas and roads in the subdivision. Plaintiffs objected to paying such fees and assessments, believing themselves neither bound to do so under the law or in equity. The parties waived trial by jury.

The underlying facts are these:…