Chandelle Property Owners Association v. James Douglas Armstrong

Syllabus

This case stems from several disputes within the Chandelle Subdivision (Chandelle), a residential aviation community in Spartanburg County. Appellants contend the circuit court erred in granting Respondent Chandelle Property Owners Association's (the POA) motion for partial summary judgment they assert association bylaws prohibited the POA from incurring debt in excess of $50,000 without a vote of the association and argue the declaration of covenants, conditions, and restrictions (the Restrictive Covenants) allow annual assessments only for maintenance. Appellants challenge the circuit court's award of the back assessments claimed in the POA's debt collection action award of \equitable relief\ before a jury could hear their compulsory legal counterclaims and failure to require the POA to exhaust other legal remedies. They further argue the circuit court erred in awarding the back assessments before discovery was complete and failed to recognize the claimed assessments are \ostensibly attorney's fees\ in disguise. We affirm the circuit court's order granting partial summary judgment.