HARBORVIEW HOMEOWNERS ASSOCIATION INC v. SAKAGUCHI (2022)

Missouri Court of Appeals, Western District.

HARBORVIEW HOMEOWNERS ASSOCIATION INC., Respondent, v. Angelika SAKAGUCHI, Appellant.

WD 84323

Decided: February 15, 2022

Before Division Three: Anthony Rex Gabbert, P.J., Lisa White Hardwick, and Thomas N. Chapman, JJ.

Steven Wolcott, Liberty, MO, Counsel for Appellant. Todd Billy, Clayton, MO, Counsel for Respondent. Timothy Sansone, St. Louis, MO, Co-Counsel for Respondent. Benjamin Fletcher, St. Louis, MO, Co-Counsel for Respondent. Mengmeng Luo, St. Louis, MO, Co-Counsel for Respondent.

ORDER

Angelika Sakaguchi appeals the Clay County Circuit Court's summary judgment entered in favor of Harborview Homeowners Association, Inc. (“HOA”), requiring her to remove solar panels from her home. In her sole point on appeal, she contends that the trial court erred in granting the HOA's motion for summary judgment because she presented evidence of controverted facts on the lack of legal authority of the HOA Board of Trustees to enforce covenants based on its failure to hold elections for several years. Because a published opinion would have no precedential value, a memorandum explaining the decision is provided to the parties. The judgment is affirmed. Rule 84.16(b). In addition, the HOA's motion for attorney's fees on appeal is granted. The case is remanded to the trial court to determine the HOA's reasonable attorney's fees for this appeal.

Per Curiam:

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