Real Property : Community Dock – Homeowners’ Association – Control

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Where property owners who bought lots, a causeway and a park on an island subdivision became involved in a dispute with other residents over the location of the community dock and control of the homeowners’ association, the judgment against the property owners is affirmed because the existing homeowners’ association was the only currently existing corporation, and the trial court properly found that it had the authority to maintain subdivision facilities, and the court also properly found that assessments were valid and that the property owners were only entitled to two votes, and the trial court did note err in refusing to enforce an alleged agreement to move the community dock since the parties to the agreement had mutually rescinded before the property owners had received their assignment of rights.

Judgment is affirmed.

Hellmann v. Sparks (MLW No. 67456/Case No. SD32740 – 34 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.) Appealed from circuit court, Camden County, Colyer, J. (Randy John Reichard, Springfield, for appellant) (W. Gary Drover, Camdenton, and Richard Leo Rollings Jr., Camdenton, Anthony Joseph Soukenik, St. Louis, Aaron David French, St. Louis, Casey Granklin Wong, St. Louis, Michael L. McDorman, Lake Ozark, John E. Curran, Osage Beach, Lewis Z. Bridges, Osage Beach, Mark B. Leadlove, St. Louis, and Christopher Matthew Blaesing, St. Louis, for respondents).

Read the full text of this opinion. (PDF)