Kings Harbor Homeowners Ass'n, Inc. v. Goldman

TYSON, Judge.

*727 Defendants, Roy and Diana Goldman ("the Goldmans"), appeal from the trial court's denial of their motion for summary judgment and grant of the Kings Harbor Homeowners Association, Inc.'s ("the HOA") motion for summary judgment. We reverse and remand.

I. Background

Kings Harbor is a planned residential community located in Onslow County North Carolina, developed by Industrial Homes, Inc. ("the Developer"). Evidence tends to show the Developer intended to provide *728 access to Kings Creek as an amenity for the Kings Harbor lot owners. On 12 August 2005, the Developer recorded a map…