River Oaks Homes Ass'n v. Lounce, 356 S.W.3d 855

Lounce purchased Fallkirk townhouse in 1993, subject to covenants; later transferred to a revocable trust with Lounce as trustee; Lounce continued paying assessments post-transfer until 2004; the Association shut off water for nonpayment; the Association sued Lounce individually and later added the trust; trial court awarded $17,397.62 against both Lounce and the trust; on appeal, issues concern individual liability, trust liability, and compliance with assessment procedures.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Liability of Lounce individually for post-transfer assessments	Lounce was not owner of record when due; personal obligation attaches to owner of record.	Trust owned the property; individual is not liable once transferred.	Lounce individually not liable; liability lies with the trust.
Liability of the Lounce Trust for assessments	Trust is owner of record and thus liable for post-transfer assessments.	Assessments must be in the name of trust to bind it; not waived.	Trust liable for assessments.
Whether Association properly set and billed assessments under required procedures	Association followed its budgeting and equal charging methods; CPA audits not required by waiver.	Procedural defects render assessments invalid; no proper notice/quorum/audit.	Procedural defects waived; assessments upheld against the trust; reversed as to Lounce personally.

Hale & Hale, Ltd. v. Arnold and Jeanie Pettit Declaration of Trust, 298 S.W.3d 104 (Mo.App. W.D.2009) (trustee personal liability when fiduciary signs personally without disclosure is possible)
Brentmoor Place Residents Ass'n v. Warren, 816 S.W.2d 7 (Mo.App. E.D.1991) (affirmative defenses; timing of raising defenses)
Murphy v. Carron, 536 S.W.2d 30 (Mo. banc 1976) (standard of review for trial court judgments)
Young v. Pitts, 335 S.W.3d 47 (Mo.App. W.D.2011) (evidence review in Missouri Court of Appeals (note context))