Arrowhead Lake Estates Homeowners Association, Inc. v. Ajay Aggarwal and Megha Garg

Summary

The Supreme Court of Missouri affirmed the denial of attorney’s fees to the homeowners association after it prevailed in an action requiring the homeowners to remove an unapproved structure. The court held that the governing declaration authorized, but did not require, an award of attorney’s fees and costs because the award was subject to what the circuit court deemed appropriate. It also held that a separate fee provision applied only when a lot owner brought suit and that the association had not argued below that it sued in that capacity.