403 S.W.3d 590
Mo.2013Background
- Parkway Towers is a Kansas City, Missouri condominium with 144 individually owned units and common elements.
- Trish Carcopa and Nicole Carcopa owned a Parkway Towers unit; a 2006 refinance created Appellant’s deed of trust securing the loan.
- Parkway Towers levied a $2.7 million assessment for major repairs, allocating each owner’s share; the assessment lien was recorded.
- Parkway Towers foreclosed its lien for delinquent assessments; the trial court found Parkway Towers’ lien superior to Appellant’s deed of trust.
- Appellant challenged the trial court’s interpretation of section 448.3-116, RSMo 2000, and argued the statute is vague and unconstitutional.
- The trial court entered judgment for Parkway Towers; Appellant appealed, challenging the priority provisions of section 448.3-116.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is section 448.3-116 unconstitutionally vague? | Draper argues 448.3-116 is vague and ambiguous. | Parkway Towers asserts the statute clearly delineates priority rules. | No, statute not clearly and undoubtedly vague. |
| Does 448.3-116.2(4) govern priority between refinancing liens and delinquent assessments? | Appellant claims ambiguity in prioritizing refinancing deeds over delinquent assessments. | Parkway Towers contends exceptions apply only when they control priority, which they did not here. | Appellant does not fall within exceptions; lien lacks priority. |
Key Cases Cited
- Ocello v. Koster, 354 S.W.3d 187 (Mo. banc 2011) (vagueness doctrine and presumptions in constitutional challenges)
- In re Brasch, 332 S.W.3d 119 (Mo. banc 2011) (burden on challengers to prove unconstitutionality)
- Gurley v. Missouri Bd. of Private Investigator Examiners, 361 S.W.3d 406 (Mo. banc 2012) (statutory validity reviewed de novo)
- Dunhill Condo. Ass’n, Inc. v. Gregory, 492 S.E.2d 242 (Ga. App. 1997) (policy favoring association enforcement of assessments)
- Carroll v. Oak Hall Assocs., L.P., 898 S.W.2d 603 (Mo. App. W.D.1995) (subordination of condo association’s lien; strict construction of exceptions)