Hellmann v. Grand Point Island Homeowners Association (Missouri)
The Hellmanns and HCR contest the legitimacy of the Association and the authority of the Directors to govern the subdivision under the Declaration on a variety of ever-evolving legal theories. Their significant contentions generally challenging the Association and Directors include: there is no valid or legitimate homeowners association because the original Association was administratively dissolved in 2006; the Declarant Bayberry "voluntarily relinquished" is right to appoint individuals as directors; and the Directors had no authority to reinstate Association. Consequently, the Appellants contest any and every action taken by the Association or its Directors.
The Hellmanns’ attacks are motivated because the Association opposed the Hellmanns’ unilateral attempts to relocate the Community Dock, which the other owners want to remain attached to the common Park parcel. HCR, who has been in alliance with the Hellmanns, contests the authority of the Association and Directors based primarily on the belief that a subdivision of 13 lots does not need a homeowners association, regardless of the what the recorded covenants provide, and HCR does not want to pay the assessments that all of the other owners, except for the Hellmanns, have already paid.
As in the May 7, 2013 Amended Judgment, the Court found the Association was properly reinstated, is currently in good standing, and Restelli, Lowe, and Fulton are the proper Directors of the Association with authority to govern the subdivision pursuant to the Declaration.
Brief: CAI's Amicus Brief
Prior Ruling: Trial Court's Amended Judgment
Status: Pending
CAI Amicus Brief Author: The Law Office of Marvin J. Nodiff
CAI Amicus Brief Review Committee: Ro