Battery Homeowners Ass'n v. Lincoln Financial Resources, Inc.

Moore, Justice:

This is an appeal from the master-in-equity’s order holding that Respondent The Battery Homeowner’s Association (Association) is a horizontal property regime and assessing $159,930 in regime fees and penalties against units owned by Appellant Lincoln Financial Resources, Inc. (Lincoln). We reverse in part and affirm in part.

I. FACTS

In 1984, the Battery Creek Associates (Battery Creek) established a townhouse development, The Battery, in Beaufort. O. Lamar Allen (Allen) was one of the officers and shareholders of Battery Creek. Battery Creek filed a Declaration of Covenants,…