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Real Property: Homeowners’ Association-Trash Enclosure-Assessments

Where subdivision trustees challenged a judgment in favor of a homeowner on their petition for permanent injunction, declaratory relief, damages and legal expenses in a dispute over the homeowner’s trash enclosure, the trial court did not err in entering judgment for the homeowner on the first three counts because the trash enclosure was not specifically prohibited by the declarations, but the homeowner violated the declarations by failing to pay assessments for three years as required, so the judgment is affirmed in part and reversed and remanded in part.

Judgment is affirmed in part; reversed in part.

Dash v. Taylor (MLW No. 79870/Case No. ED110838 – 10 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Appealed from circuit court, St. Louis County, Walsh III, J. (Timothy J. Phillips for appellant) (Jay L. Kanzler Jr. for respondent).


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