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HAMPTON RIDGE HOMEOWNERS v. MARETT PROP., LTD.

No. S95A0658.

460 S.E.2d 790 (1995)

265 Ga. 655

HAMPTON RIDGE HOMEOWNERS ASSOCIATION, INC. v. MARETT PROPERTIES, LTD.

Supreme Court of Georgia.

September 11, 1995.

Attorney(s) appearing for the Case

Harvey D. Harkness, Lisa G. Gunn, Awtrey & Parker, P.C., Marietta, for Hampton Ridge Homeowners Ass'n, Inc.

Mark A. Johnson, Dupree, Johnson & Poole, Marietta, for Marett Properties, Ltd.

BENHAM, Chief Justice.

This case concerns the recreational facilities in Hampton Ridge subdivision. On the plat recorded at the time of subdivision, one tract was designated as "recreational area." A swim and tennis facility was constructed there by the developer. Subsequent to the filing of the plat, a Declaration of Covenants and Restrictions ("the Declaration") was filed, followed by a document entitled "Consent to be Bound." ("Consent") in which the owners of...

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