In Smith v. First Savings, 575 So. 2d 1033 (Ala. 1991), the Alabama Supreme Court determined that a developer who no longer had any proprietary or pecuniary interest in the subdivision could be removed from its ACC even though he had been appointed pursuant to the covenants as the sole member of the ACC. However, the Smith decision was largely premised upon the court's determination that the covenant was personal in nature rather than one running with the land.