McElveen-Hunter v. Fountain Manor Ass'n

PHILLIPS, Judge.

This appeal concerns the enforceability of a condominium declaration amendment which restricts the leasing of units in the Greensboro residential condominium complex known as Fountain Manor. The pertinent facts follow: Plaintiff owns four units in that complex. Defendant, a non-profit corporation, operates and manages the complex, which was established under Chapter 47A of the North Carolina General Statutes, the “Unit Ownership Act.” When plaintiff’s units were acquired — the first in 1978, the last in April, 1985 — the condominium declaration did not restrict the leasing of…