Jamestowne Homeowners Ass'n Trustees v. Jackson

417 S.W.3d 348, 2013 WL 6818203, 2013 Mo. App. LEXIS 1510
CourtMissouri Court of Appeals
DecidedDecember 24, 2013
DocketNo. ED 99277
StatusPublished
Cited by12 cases

This text of 417 S.W.3d 348 (Jamestowne Homeowners Ass'n Trustees v. Jackson) 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
Jamestowne Homeowners Ass'n Trustees v. Jackson, 417 S.W.3d 348, 2013 WL 6818203, 2013 Mo. App. LEXIS 1510 (Mo. Ct. App. 2013).

Opinion

Introduction

PATRICIA L. COHEN, Judge.

Shannon E. Jackson (“Homeowner”) appeals the Circuit Court of St. Louis County’s judgment following a bench trial in favor of Jamestowne Homeowners Association Trustees (“Association”) and against Homeowner for delinquent assessments, interest, collection costs, and attorneys’ fees. Homeowner argues that the trial court erred in: (1) entering judgment in favor of Association because Association failed to prove it complied with the Trust Agreement and Indenture of Restrictions of Jamestowne Subdivision (“Indenture”); (2) admitting evidence over Homeowner’s objections; (3) awarding attorneys’ fees; (4) awarding collection costs; (5) denying Homeowner leave to file her answer and affirmative defenses; and (6) entering judgment without addressing Homeowner’s requested findings of fact and conclusions of law. We affirm in part, reverse in part and remand.

Factual and Procedural Background

Homeowner owns a home in James-towne Subdivision that is subject to the Indenture. Section 3.14 of the Indenture empowers Association to collect money from the owners of the subdivision lots for general maintenance purposes. Section 3.17 of the Indenture provides: “A written or printed notice signed by the trustees or a majority of them, or having names writ[352]*352ten or printed thereon with their authority, stating the amount of money required for general purposes ... shall be served at least thirty (30) days before any payment under said notice shall be required to be made, upon each of said owners.... ” Section 3.17 further provides that when Association institutes legal proceedings against an owner to collect unpaid assessments, Association may “compel [unpaid assessments] with interest, costs of suit and attorney’s fees attending the recovery of payment in default.”

On February 1, 2012, Association filed a petition under Chapter 517,1 seeking to recover from Homeowner payment of $1,450.00 in unpaid assessments for the years 2003 through 2012; $626.45 in interest; $501.50 in collection costs; and $850.72 in attorneys’ fees. In its petition, Association alleged that: Homeowner “was subject to the Indenture”; “the Indenture provides that all lot owners must pay their proportionate share of common assessments”; “[d]espite [Association’s] demand for payment ..., [Homeowner] has failed to pay annual assessments”; and “pursuant to the Indenture, [Association is] entitled to recover the cost of collection” and reasonable attorneys’ fees.2 The trial court entered a default judgment against Homeowner, which it later set aside. In its order setting aside the default judgment, the trial court granted Homeowner an additional thirty days to file an answer and affirmative defense.

Homeowner filed a motion to dismiss for failure to state a cause of action, which the trial court denied. Subsequently, Homeowner filed a motion for leave to file her answer and affirmative defenses out of time. The trial court denied the motion. Prior to trial, Homeowner filed a request for findings of fact and conclusions of law. The trial court conducted a bench trial on August 6, 2012.

At trial, Association called Karen Kelly, the office manager for City and Village Tax Office, LLC (“City and Village, LLC”). Ms. Kelly testified that pursuant to a contract with Association, City and Village, LLC collected association fees from the owners of the Jamestowne subdivision lots (“owners”). Ms. Kelly further stated that City and Village, LLC mailed owners the assessment notices for Association. The notices informed owners that City and Village, LLC were sent on behalf of Association. Counsel for Association presented and Ms. Kelly identified Exhibit 3 as “a copy of the actual invoice that we would mail to the property owners reflecting the amount of the assessment and the due date for said assessments.”

Association’s counsel moved to admit Exhibit 3, and Homeowner’s counsel objected on the grounds of lack of foundation. When the court asked Association’s counsel for her response, she assured the court that she could establish the relationship between Association and City and Village, LLC. .To that end, Association [353]*353asked Ms. Kelly to explain the relationship between the two entities, and Ms. Kelly testified that Association hired City and Village, LLC to collect Association’s assessments, maintain the collected funds, and pay the invoices submitted by owners.

Ms. Kelly testified that Homeowner was delinquent in her assessments. When Association’s counsel asked Ms. Kelly to identify the years Homeowner was delinquent, Homeowner’s counsel objected on the grounds of “lack of foundation that [Ms. Kelly was] qualified to speak to any of the assessments” because Association failed to show a relationship between City and Village, LLC and Association. The court sustained Homeowner’s objection.

Association next asked Ms. Kelly to identify Exhibit 4. Ms. Kelly described Exhibit 4 as “a report generated from our computer system reflecting the unpaid assessments that we maintain the records for [Association].” Ms. Kelly stated that Homeowner owed Association assessments for the billing periods from 2003 through 2012, as well as expenses incurred for the collection of her unpaid assessments. Ms. Kelly concluded that Homeowner owed Association $1,650.00 in unpaid assessments and $644.84 in interest.

Association’s counsel moved to admit Exhibit 4. Homeowner’s counsel objected on the ground that “there’s been no linkage” between City and Village, LLC and Association. The court asked Association to clarify “whose records ... we’re talking about.” In response, Association asked Ms. Kelly what entity “keeps [Association’s] records.” Ms. Kelly testified that City and Village, LLC maintained the records for Association and Exhibit 4 was a printout of one such record. Ms. Kelly stated that she had personal knowledge of and daily involvement in City and Village, LLC’s recordkeeping for Association. Association’s counsel again moved for the admission of Exhibit 4, and the court admitted it.

Association also examined Ms. Kelly about the attorneys’ fees Association had allegedly incurred in its efforts to recover the unpaid assessments from Homeowner. To establish the amount of attorneys’ fees, Association’s counsel requested permission to show Ms. Kelly Exhibit 5, an affidavit of attorneys’ fees created by Association’s counsel that provided the amount in legal fees spent to collect the unpaid assessments through the date of trial. Homeowner’s counsel objected stating that he had not seen the document and the affidavit was hearsay. The trial court responded that Homeowner could cross-examine Association’s counsel at the end of trial. Counsel for Association announced she had no further questions for Ms. Kelly.

During Homeowner’s cross-examination of Ms. Kelly, Ms. Kelly conceded that Exhibit 3, the 2012 assessment invoice, only established that Association provided notice for 2012. Ms. Kelly also acknowledged that neither the names nor signatures of the trustees appeared on the 2012 assessment invoice.

After the trial court excused Ms. Kelly, counsel for Association announced she had no more witnesses and stated, “I’d like to make sure that the exhibits all got entered. Were they all five of them?” The court responded, “The only one I show that has not been offered is No.

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417 S.W.3d 348, 2013 WL 6818203, 2013 Mo. App. LEXIS 1510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamestowne-homeowners-assn-trustees-v-jackson-moctapp-2013.