Epstein v. Villa Dorado Condominium Ass'n

371 S.W.3d 23, 2012 WL 1185679, 2012 Mo. App. LEXIS 481
CourtMissouri Court of Appeals
DecidedApril 10, 2012
DocketNos. ED 96777, ED 96778
StatusPublished
Cited by5 cases

This text of 371 S.W.3d 23 (Epstein v. Villa Dorado Condominium Ass'n) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Epstein v. Villa Dorado Condominium Ass'n, 371 S.W.3d 23, 2012 WL 1185679, 2012 Mo. App. LEXIS 481 (Mo. Ct. App. 2012).

Opinion

KATHIANNE KNAUP CRANE, Presiding Judge.

The eighty-three plaintiffs are condominium unit owners in buildings without elevators in the multibuilding Villa Dorado Condominium. In their third amended petition seeking relief against defendant, Villa Dorado Condominium Association, plaintiffs sought a judgment declaring as void the assessments against them for the cost of elevator repairs, ancillary and injunctive relief, and attorney’s fees. Defendant appeals from the entry of the judgment in plaintiffs’ favor. Plaintiffs also appeal, asserting that the trial court erred in denying their pretrial motions to certify classes of the remaining unit owners. We reverse the judgment in plaintiffs’ favor.

STIPULATED FACTS

The ease was submitted on the following stipulated facts:

1. Villa Dorado Condominium (“Condominium”) is a residential community located in St. Louis County. It consists of 264 total units in 45 separate buildings. Of these approximately 264 units approximately 72 are located within 9 buildings equipped with elevators. The remaining approximately 192 units are located in buildings which do not have elevators.
2. A key is required to use the elevators from the basement/parking area to the first floor. No key is required for use of the elevators between the first floor and upper floors. Keys are only issued to owners of units in buildings with elevators.
3. The Condominium was created under and is subject to the Missouri Condominium Property Act and certain applicable provisions of the Missouri Uniform Condominium Act.
4. The Amended and Restated Condominium Declaration For The Villa Do-rado Condominium Association, dated March 9, 1995, and recorded at Book 10475, Page 450 of the St. Louis County records, is attached hereto and incorporated by reference herein.
5. Plaintiffs are the owners of condominium units within Villa Dorado Condominiums.
6. Defendant Villa Dorado Condominium Association, Inc. is the unit owners association of the Condominium and is organized as a Missouri nonprofit corporation. It acts through its Board of Managers.
7. In April, 2008, the Board voted to undertake certain repairs to the elevators within the buildings described above. The repairs are a common expense. The estimated cost of these elevator repairs was $351,000.
8. In order to pay for these repairs, the Board voted to make a special assessment against all units within the Condominium including those within buildings not served by an elevator. This special assessment was made in April, 2008, in the following amounts:
G-2 2 Bedroom Units $1,145.00
G-3 3 Bedroom Units $1,395.00
G-3E 3 Bedroom (W/ elevator) Units $1,479.00
T-3 3 Bedroom Units $1,494.00
T-3R 3 Bedroom Units $1,589.00
T-3R4 3 Bedroom Units $1,653.00
T-4 3 Bedroom Units $1,770.00
9.These special assessments were made to Plaintiffs and their respective units.

PROCEDURAL BACKGROUND

This appeal is from a judgment entered after remand in Epstein v. Villa Dorado [26]*26Condominium Ass'n, 316 S.W.3d 457 (Mo. App.2010). This litigation started when two named plaintiffs, who filed individually and as representatives of a class of certain condominium owners, obtained a judgment in 2009 declaring that the assessments for elevator repair were illegal, invalid, and void “as to all owners in buildings without elevators.” Id. at 459. Defendant appealed from that judgment. We reversed, holding that all unit owners not served by elevators were indispensable parties and were required to have been joined as parties pursuant to section 527.110 RSMo (2000)1 and Rule 87.04. Id. at 461. We remanded for the trial court to allow the plaintiffs an opportunity to join parties or to comply with the requirements for class certification. Id. at 461-462.

After remand, the two original plaintiffs filed a motion to certify a class of all current or former owners of condominium units that were not located in a building served by an elevator, but who were assessed for the cost of elevator repairs. The motion alleged that joinder was impractical because the class consisted of at least 200 persons. The trial court denied the motion to certify a class because it was “not impractical” to join all parties.

On October 14, 2010, the current plaintiffs, consisting of eighty-three of the condominium unit owners in buildings without elevators, filed a third amended petition. Plaintiffs thereafter filed a second motion to- certify a class of all owners of units within the condominium on the ground that any judgment rendered in the action would affect the rights of the owners of the remaining units. Plaintiffs subsequently amended their motion and sought an order certifying two defendant classes consisting of the remaining owners of units in buildings without elevators and the owners of units in buildings serviced by elevators. The court denied the motion as amended.

The case was heard by the trial court on the parties’ amended stipulation of facts. The trial court found in plaintiffs’ favor and declared that the assessments for elevator repairs were illegal, invalid, and void. It added:

This judgment shall be limited to and binding on the parties named in this action only and shall not extend to other owners of units in Villa Dorado Condominiums not joined in this action. As to the named Plaintiffs, Defendant and its agents are hereby permanently enjoined from taking any further action to enforce said assessments, and are further ordered to refund any such assessments previously collected and to release any liens previously filed against any units owned by Plaintiffs.

The trial court also awarded plaintiffs $5,000 in statutory attorney’s fees.

On appeal, defendant contends that the trial court erred in (1) declaring the assessments for the cost of elevator repairs against units in buildings that do not have elevators to be void; (2) entering judgment in plaintiffs’ favor because all indispensable parties were not joined in this action; and (3) awarding attorney’s fees to plaintiffs. For their cross-appeal, plaintiffs assert that the trial court erred in denying plaintiffs’ motion to certify classes of the remaining unit owners because join-der of 300 individual unit owners was impracticable, and the proposed classes met all of the other requirements of Rule 52.08(a) and (b)(2).

DISCUSSION

Standard of Review

We will affirm the trial court’s judgment unless there is no substantial [27]*27evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976); Clampit v. Cambridge Phase II Corp., 884 S.W.2d 340, 345 (Mo.App.1994).

I.Allocation of Assessments for Cost of Elevator Repairs

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371 S.W.3d 23, 2012 WL 1185679, 2012 Mo. App. LEXIS 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/epstein-v-villa-dorado-condominium-assn-moctapp-2012.