Summary judgment on behalf of a Homeowner’s Association

KATIE WEAVER HARTZOG (Raleigh) obtained summary judgment on behalf of a Homeowner’s Association in a case in which a member of the Association sought to dissolve the Association and a declaratory judgment that the Association did not have the right to maintain a gate at the entrance to the Association.  The Association filed a counterclaim seeking a declaratory judgment that the restrictive covenants governing the Association were broad enough to allow the Association to install and maintain a gate at the entrance to the community.  After considering the arguments of counsel and the evidence, the judge ruled in favor of the Association as to all claims, including its counterclaim, and entered costs against Plaintiff.