Mallard Pointe Lot Owners Association, Inc. Missouri Cases

Thomas Flynn and Wilma Hart-Flynn appealed the trial court's grant of summary judgment to Mallard Pointe Lot Owners Association, Inc., which had sought injunctive relief and damages for breach of a subdivision restrictive covenant. The Association alleged the Flynns violated the covenant by failing to submit a builder's checklist and construction deposit before building a fence. The appellate court reversed the summary judgment, holding that the Association failed to provide the required 20 days' advance written notice for a hearing to impose a fine, as stipulated in the restrictive covenant.