Earl v. CGR Dev. Corp.

*553TYSON, Judge.

*21CGR Development Corporation and Carefree Cove Community Association, Inc. (collectively, "Defendants") appeal from order denying their motion to dismiss and alternative motion to stay action pending arbitration and to compel arbitration. We reverse and remand.

I. Factual Background

Carefree Cove is a residential subdivision located within Ashe and Watauga Counties, North Carolina. All lots in Carefree Cove are subject to the Declaration of Covenants and Restrictions of Carefree Cove ("the Restrictive Covenants"). Defendant CGR Development Corporation is the Declarant that filed the…