Green v. Lake Montowese Ass'n

Jefferson County · MO · Missouri Court of Appeals, Eastern District

MIXED · other

What happened

Lake Montowese's water system became unreliable over decades. The association pursued a new system and levied a $2,000 special assessment after a majority ballot, intending to transfer the system to Jefferson County. Homeowners (Greens and Beckers) who had been barred from connecting as a condition of purchasing sued. The trial court declared the special assessment inequitable and void as applied to them and awarded them attorney fees. The Eastern District affirmed the assessment judgment but reversed the fee award for lack of an American-Rule exception (Dec. 18, 2012).

What the court (or agency) held

The court of appeals affirmed declaratory judgment that a $2,000 special assessment for a new subdivision water system was inequitable and null and void as applied to homeowners who had been denied access to the old system as a purchase condition. The attorney-fee award to those homeowners was reversed for insufficient evidence of an exception to the American Rule—mixed result.

Why this matters for members

This result is MIXED — a partial win, not a clean sweep on every claim. Special assessments that charge owners who were excluded from the benefit (here, water-system access) can be struck as inequitable even if a majority approved the project. Fee awards still need a recognized exception to the American Rule with record support.

What the member did

Documented denial of the amenity being funded and well costs; sought as-applied equitable declaratory relief rather than only a global "no power to assess" claim.

What did not work

Attorney-fee award under special-circumstances exception—reversed on appeal absent evidence of spiteful or intentionally wrongful association motive.

Questions for the board

Questions for a lawyer

Citation

Green v. Lake Montowese Ass'n, 387 S.W.3d 413 (Mo. Ct. App. 2012); No. ED 98091 (2012-12-18). Missouri Court of Appeals, Eastern District. Outcome chip: MIXED. Flags: MIXED. Source: https://hallapproved.com/mo/cases/appeals/2012/5283912/

_General information, not legal advice. Outcomes turn on facts and current law._

Source opinion

General information, not legal advice. Outcomes turn on facts and current law.

Not a law firm. Not legal advice. Confirm this against your documents and your state’s law.