May 9, 2005
Association's Fees Void and Unenforceable
Surrey Condominium Association, Inc., Plaintiff-Appellant v. Imogene Webb, Individually and as Personal Representative of Delbert Webb, Deceased, Defendant-Respondent. [Missouri Circuit Court Southern Area Case Number: 25986]
Surrey Condominium Association, Inc. ("the Association") sued Imogene and Delbert Webb ("the Webbs") to recover unpaid maintenance fees for the years 2001 and 2002 in the amount of $9,700 and to enforce an assessment lien against their condominium.(FN1) Delbert was deceased when the Association’s petition was filed, so Imogene was substituted for Delbert in her capacity as the personal representative of Delbert’s estate. To simplify matters, we will refer to both parties-defendant as Imogene.
After a bench trial, the court decided the Association’s maintenance fees and the assessment lien were void and unenforceable. Judgment was entered in Imogene’s favor, and the lien was removed from her property. The Association has appealed. It argues the trial court’s ruling permits Imogene to avoid paying her fair share of common expenses. We disagree. The Association sued Imogene to recover unpaid maintenance expenses. Because the Declaration of Condominium ("Declaration") does not authorize the assessment of maintenance fees against a unit owner like Imogene, we affirm. Opinion
Posted by joewest at 10:15 AM