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87 Mo. L. Rev. 615 (2022)
Pool Houses and Public Policy: The Uncollectability of Contractual Attorney Fees in Missouri

handle is hein.journals/molr87 and id is 622 raw text is: NOTE Pool Houses and Public Policy: The Uncollectability of Contractual Attorney Fees in Missouri Arrowhead Lake Ests. Homeowners Ass'n, Inc. v. Aggarwal, 624 S.W.3d 165 (Mo. 2021) (en banc) Evan Miller* I. INTRODUCTION Homeowners associations (HOAs) are a foundational piece of life in the United States for people of all socioeconomic backgrounds.' These planned communities provide stable living arrangements that many homeowners desire,2 and protect buyers' expectations of a neighborhood's character.3 Despite the ostensibly beneficial goals of HOAs, they have generated substantial controversy.4 Columbia, Missouri, was the backdrop *B.A., Southern Utah University, 2019; J.D. Candidate, University of Missouri School of Law, 2023. Associate Member, Missouri Law Review, 2021-2022. Professor Wilson Freyermuth provided valuable insight into the development of this note's form and substance. I appreciate his willingness to mentor and guide me. I am grateful to the staff of the Missouri Law Review who helped me publish this note. Finally, I am grateful to my wife, Jessica, and my son, Jansen, who supported me and sacrificed time with me so I could write this note. See generally Rachel Furman, Collecting Unpaid Assessments: The Homeowner Association's Dilemma When Foreclosure Is No Longer A Viable Option, 19 J.L. & POL'Y 751, 752 (2011). 2 Paula A. Franzese, Common Interest Communities: Standards of Review and Review of Standards, 3 WASH. U. J.L. & POL'Y 663, 671 (2000). s Michael C. Pollack, Judicial Deference and Institutional Character: Homeowners Associations and the Puzzle of Private Governance, 81 U. CIN. L. REV. 839, 847 (2013). 4 See generally Janet M. Bollinger, Homeowners' Associations and the Use of Property Planning Tools: When Does the Right to Exclude Go Too Far?, 81 TEMP. L. REV. 269, 270-71 (2008) (describing the constitutional controversies of Ave Marie, a

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