Court of Civil Appeals of Alabama June 17, 2011, 2090754 (Elliott Builders v. Timbercreek Property, 2090754 (ala.civ.app. 6-17-2011))

PITTMAN, Judge.

This appeal, transferred to this court pursuant to Ala.Code 1975, § 12-2-7(6), seeks review of an order of the Baldwin Circuit Court granting a motion for a summary judgment filed by the Timbercreek Property Owners Association (“TPOA”), the board of directors of TPOA, and the Timbercreek Architectural Review Board (“TARB”) in one of two consolidated cases in the Baldwin Circuit