Casey & Devoti Clients Successful in Appeal

The Missouri Court of Appeals recently ruled in favor of Casey & Devoti clients in a St. Charles County real estate dispute. The firm represented a couple sued by a homeowners association (HOA) attempting to prevent them from renting their home.  The couple own a home in the Golf Club of Wentzville and have rented the home as a single-family residence since 2010.

The HOA sued the couple, claiming that the rental violated a restrictive covenant.  The trial court agreed with the HOA, holding that the covenant prevented the couple from renting their home.  The appeal followed.

The Court of Appeals reversed the trial court’s judgment.  The Court of Appeals held that the trial court erred in the way in which the court interpreted the covenant.  The Court found that nothing in the subdivision’s governing document prohibited the couple from renting their home as a single-family residence.  The appellate court remanded the case to the trial court, directing the lower court to enter judgment denying the HOA’s request and acknowledging the couple’s ability to rent their home.

Partner Matthew Devoti handled both the trial and the appeal.  The matter was an unusual one for Matt, who represented the couple because the case involved the HOA’s attempt to push around individuals without justification.  The case fell directly in Matt’s wheelhouse – helping people injured because of another’s actions.

The case is: The Golf Club of Wentzville Community Homeowners Ass’n v. Jumps, Case No. ED108554.