About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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*
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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.

Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most