I recently inherited a plot of land that is part of a home owners association (HOA). The properties in the HOA are bisected by a highway. On one side of the highway is a road maintained by the HOA, the other side is undeveloped, no houses, no roads, etc. The road maintained by the HOA does not cross the highway except in plan view. The HOA recently made a special assessment for the road that benefits only those homeowners on that side of the development. Could NC General Statute 47F-3-115(c)(2) be invoked to argue that I and other homeowners of the undeveloped lots were improperly assessed the special assessment?