Ryan v. Baptiste, 38667
| Decision Date | 18 April 1978 |
| Docket Number | No. 38667,38667 |
| Citation | 565 S.W.2d 196 |
| Parties | Lorene RYAN, Plaintiff-Respondent, v. Pierre J. BAPTISTE et al., Defendants-Appellants. . Louis District,Division Two |
| Court | Missouri Court of Appeals |
Stephen C. Murphy, Cook & Murphy, Clayton, for defendants-appellants.
Lorene Ryan, pro se.
Defendants, Members of the Board of Managers of the Burtonwood Manor Condominium, have appealed from a judgment of the Circuit Court granting a mandatory injunction against them and denying their counterclaim for damages. The defendants were ordered to remove locks from the doors of the exterior entrance-ways of the building in which plaintiff's condominium unit was located. Following several occurrences of vandalism and theft, defendants installed locks on the entrance-ways. Keys were provided to unit owners. Plaintiff objects to installation of the locks arguing that the presence of the locks infringed on the easement rights granted in the condominium By-Laws. In addition to granting injunctive relief to plaintiff, the court ruled against defendants on their counterclaim for damages to the locks and doors allegedly caused by plaintiff.
Burtonwood Manor Condominium was created by filing a "Declaration of Condominium By-Laws and Indenture" with the Office of the Recorder of Deeds of St. Louis County, pursuant to § 448.010, RSMo.1969. Plaintiff is one of the original purchasers and owned one of eight units in building 29 of the Burtonwood complex. The By-Laws provide for administration of the condominium by a nine-member Board of Managers. Article 7.1(n) states that among the powers and duties of the Board of Managers are "Promulgation of administrative rules and regulations and such reasonable rules and regulations as it may deem advisable for the use, operation, maintenance, conservation and beautification of the 'Common Elements' and for the health, comfort, safety, and general welfare of the unit owners and occupants of said property".
Easements in and to all common elements are granted to unit owners in § 4.2 of the By-Laws. Maintenance and repair of the common elements is a duty reserved to the Board of Managers in § 7.1(e) of the By-Laws. Any structural alterations deemed "necessary or proper for the maintenance and operation of the property" may be undertaken by the Board "for the benefit of all unit owners" under § 7.1(f) of the By-Laws.
Plaintiff has since sold her condominium unit and no longer lives in Burtonwood. However, live issues remain. Defendants posted a bond pending this appeal, and plaintiff might assert a claim against defendants for damages incurred during the pendency of the appeal and prior to the sale of her unit if the appeal is dismissed for mootness. See Morrison v. Hess, 231 S.W. 997 (Mo. banc 1921). There also remains the matter of defendants' counterclaim against plaintiff. The case is not moot and we will decide it on the merits. Adamick v. Ferguson-Florissant School District, 483 S.W.2d 629 (Mo.App.1972).
This case requires a consideration and balancing of rights of the individual unit owner and of the entire residential community. Members of the Board of Managers are elected by the condominium owners to oversee and protect the rights and interests of the community at large. Accordingly, the Board is vested with considerable discretion with which to execute its managerial and administrative responsibilities. The individual unit owner, though extended certain rights and...
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Thanasoulis v. Winston Tower 200 Ass'n, Inc.
...rule was formulated in Hidden Harbour Estates, Inc. v. Norman, 309 So.2d 180, 182 (Fla.Dist.Ct.App.1975), and Ryan v. Baptiste, 565 S.W.2d 196 (Mo.Ct.App.1978). See also Johnson v. Hobson, 505 A.2d 1313 Other courts, including one in New Jersey, have looked to the corporation board of direc......
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