Timberstone Homeowner's Ass'n v. Summerlin

Hunstein, Justice.

J. E. Summerlin purchased property in the Timberstone subdivision in 1976 and then conveyed his interest in the property to Evelyn Summerlin, his wife, who thereafter reconveyed the property to Summerlin in April 1987. Timberstone Homeowner’s Association is a Georgia non-profit corporation, incorporated in 1975 for the purpose of maintaining the common areas in the Timberstone subdivision. In 1975, Timberstone’s developer recorded a “Declaration of Covenants, Conditions, Restrictions and Easements for Timberstone” in the land records of the Fulton County Clerk’s office. The…