Bellemeade Homeowners Association Missouri Cases

Bellemeade Homeowners Association sued Tyler and Shana Taylor for declaratory judgment and breach of contract after the Taylors erected a fence that Bellemeade deemed non-compliant with its Declaration of Trust and Restrictions. The trial court ruled in favor of the Taylors, finding the fencing restriction ambiguous and waived by Bellemeade's inconsistent enforcement. The appellate court reversed, holding that the Declaration unambiguously required fencing to start at the rear corners of the residence and that its anti-waiver provision preserved Bellemeade's right to enforce the restriction.