Legal Opinion

Schler v. Coves North Homes Ass'n

Missouri Court of Appeals

Decided April 8, 2014No. WD 75983PublishedCited by 6 opinions

1Opinion of the Court

VICTOR C. HOWARD, Judge.

Coves North Homes Association, Inc. (Association) appeals the trial court’s judgment in favor of Mindy and Cindy Schler after a trial de novo on the Schlers’ claim against the Association for breach of covenant. The judgment is reversed.

Background

The Coves North Subdivision in Platte County consists of single-family residences, patio homes, and townhouses. The Appellant Association is the homes association for the subdivision and is charged with operating under and enforcing the terms and conditions of the recorded Declaration of Covenants, Rights and Restrictions of…

2Cases cited8 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Chochorowski v. Home Depot U.S.A.Supreme Court of Missouri · 2013
  3. Jackson County v. McClain Enterprises, Inc.Missouri Court of Appeals · 2006
  4. Bailey v. Federated Mutual Insurance Co.Missouri Court of Appeals · 2004
  5. Hills v. Greenfield Village Homes Ass'nMissouri Court of Appeals · 1997

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3Cited by6 opinions

  1. Hellmann v. SparksMissouri Court of Appeals · 2015
  2. Kevin Rowan v. Coves North Homes AssociationMissouri Court of Appeals · 2014
  3. FIRST NATIONAL BANK OF DIETERICH, f/k/a FIRST STATE BANK OF RED BUD, Plaintiff-Respondent v. POINTE ROYALE PROPERTY OWNERS' ASSOCIATION, INC., and POINTE ROYALE CONDOMINIUM PROPERTY OWNERS' ASSOCIATION, INC.Missouri Court of Appeals · 2016
  4. Leus v. C.R. Bard, Inc.District Court, W.D. Missouri · 2021
  5. ROBERT J. HELLMANN, and DEBRA S. HELLMANN, Petitioner-Appellants/Respondents v. RANDY SPARKS, EXECUTIVE VACATION GET-A-WAYS, LLC, JAMES C. RESTELLI, KAREN A. RESTELLI, MITCH'S GREENTHUMB LANDSCAPING CORP., JEFFREY M. LOWE, KATHLEEN E. LOWE, JAMES RESTELLI, JEFFREY M. LOWE, and ROGER L. FULTON, AS PUTATIVE DIRECTORS OF THE GRAND POINT ISLAND HOMEOWNES ASSOCIATION, INC., UNKNOWN PERSONS OR ENTITIES THAT CLAIM AN INTEREST IN THE BOAT DOCK KNOWN AS THE "COMMUNITY DOCK" ATTACHED TO THE LOT KNOWN AS THE "PARK" IN GRAND POINTE ISLAND SUBDIVISION, A SUBDIVISION IN CAMDEN COUNTY, MISSOURI, GRAND POINT ISLAND HOMEOWNERS ASSOCIATION, INC., EXCLUSIVE LAKE PROPERTIES, LLC, BAYBERRY DEVELOPMENT CO. II, INC., ROGER L. FULTON, DEBRA A. FULTON, JEFFREY A. HOWELL, KIM M. HOWELL, Respondents-Respondents, HEALTH CARE RESOURCE, LLC, Respondent-Respondent/Cross-Appellant, and ROBERT A. BULL AND DEBRA BULL, Respondents-Respondents/Cross-Appellants.Missouri Court of Appeals · 2015

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