Makar v. Mimosa Bay Homeowners Ass'n, Inc.

DAVIS, Judge.

Richard Makar and his wife Teresa Makar appeal from a 4 December 2017 order entered by the trial court denying their motion for summary judgment and granting the cross-motion for summary judgment of defendant Mimosa Bay Homeowners Association, Inc. (the "HOA"). After a thorough review of the record and applicable law, we reverse the trial court's grant of summary judgment to the HOA and remand for entry of summary judgment in favor of the Makars.

Factual and Procedural Background

Mimosa Bay is a residential subdivision located in Sneads Ferry, North Carolina that consists of a…