Arrowhead Lake Estates Homeowners Association, Inc. Missouri Cases

Arrowhead Lake Estates Homeowners Association appealed the circuit court's denial of attorney's fees in its successful action against a homeowner for violating subdivision covenants. The Association argued it was entitled to fees based on the Declaration's language. The Missouri Supreme Court affirmed, holding that the Declaration's provision, which stated the prevailing party "shall be entitled to receive an award of attorney's fees and court costs as deemed appropriate by a court of competent jurisdiction," granted the circuit court discretion to decide whether to award fees, not just the amount. The Court also found the Association could not claim fees under a provision limited to "lot owners" as it did not present itself as such at trial.

The Arrowhead Lake Estates Homeowners Association (HOA) sued Ajay Aggarwal and Megha Garg (Lot Owners) over the construction of an unapproved building, seeking injunctive relief and attorney's fees. The trial court ordered the building removed but denied the HOA's request for attorney's fees. The appellate court reversed and remanded, holding that the Declaration of Covenants, Easements and Restrictions mandated an award of attorney's fees to the prevailing party, though the amount remained discretionary for the trial court. The court also granted the HOA's motion for appellate attorney's fees, remanding for a determination of the appropriate amount.