92 CVS 04 Appeal by defendant from order entered 22 April 1994 by Judge Herbert O. Phillips, III in Carteret County Superior Court. Heard in the Court of Appeals 10 May 1995. Lamar Jones, P.A., by Lamar Jones, for plaintiffs-appellees. This appeal concerns the validity of the dues and assessment provisions of restrictive covenants affecting subdivision lots owned by plaintiffs.
Defendant appeals the grant of partial summary judgment to plaintiffs.
It was executed, as required by the original Declaratory, by owners of more than two thirds of the lots. By this document, defendant sought to extend the original Declaratory past its expiration date and to amend many of its provisions. Plaintiffs filed a complaint for, inter alia , declaratory relief declaring that the dues and assessment provisions of the original Declaratory are void and unenforceable and that the covenants may not be extended past 1 January 1992. Defendant answered and asserted counterclaims for assessments allegedly owed by plaintiffs pursuant to the original Declaratory. Defendant obtained partial summary judgment as to some of the plaintiffs by orders filed 24 November 1994.