Cumberland Homes, Inc. v. Carolina Lakes Property Owners' Ass'n

BRYANT, Judge.

Carolina Lakes Property Owners’ Association, Inc. (defendant) appeals from a declaratory judgment dated 5 December 2001 construing a restrictive covenant in favor of Cumberland Homes, Inc. (plaintiff).

On 6 September 2001, plaintiff filed this action seeking a declaration that two house plans submitted to defendant’s architectural committee complied with a restrictive covenant governing section N of the Carolina Lakes residential subdivision. The undisputed evidence, presented at a 30 November 2001 hearing, shows that plaintiff, the owner of two lots in section N of the Carolina…