Konert Farms Homeowners' Association Missouri Cases

Janet Behrick appealed the trial court's grant of summary judgment to Konert Farms Homeowners' Association (HOA) and denial of her own motion for summary judgment. Behrick claimed the HOA had a duty under the subdivision's Declaration to repair and maintain a limestone rock wall in her backyard. The appellate court affirmed, holding that the natural limestone formation was neither a "retaining wall" nor "installed" by the Declarant as required by the unambiguous terms of the Declaration. The court also clarified that extrinsic evidence is permissible to establish a breach of contract, even when the contract itself is unambiguous.