DeBaliviere Place Ass'n v. Veal
2011 Mo. LEXIS 118
Mo.2011Background
- In 1992 the secretary of state dissolved the DeBaliviere Place Association for failure to file registrations.
- A new DeBaliviere Place Association was formed in 2003, using the same name.
- In June 2006 the former association assigned its rights and duties under the declaration to the new association.
- Veal owned Delmar Boulevard properties subject to covenants, including assessment obligations, and never paid assessments to the former association.
- The new association filed liens and foreclosed on them; the circuit court granted summary judgment enforcing the liens.
- This Court reversed part of the judgment and remanded; the case centers on the former association’s wind-up authority and the new association’s enforcement rights.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority of the former association to assign | Veal | Veal | Former association had wind-up authority to assign rights |
| New association as enforcee before assignment | Veal | Veal | Pre-assignment, new association lacked enforceable rights |
| Effect and timing of the 2007 liens | Veal | Veal | Premature filing did not bar later enforcement after assignment |
| Quantum meruit claim viability | Veal | Veal | Genuine issue of material fact precluded summary judgment on quantum meruit |
Key Cases Cited
- Smith v. Taylor-Morley, Inc., 929 S.W.2d 918 (Mo.App.1996) (assignment of rights within winding-up context)
- ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371 (Mo. banc 1993) (summary judgment standard; factual record review)
- Pioneer Point Homeowners Ass'n, Inc. v. Booth, 179 S.W.3d 397 (Mo.App.2005) (wind-up authority disabled if rights not yet assigned)
- Prange v. Prange, 755 S.W.2d 581 (Mo.App. E.D.1987) (no fixed winding-up period; no time limit on wind-up)
- State Auto. and Cas. Underwriters v. Johnson, 766 S.W.2d 113 (Mo.App. S.D.1989) (wind-up period considerations)