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LAKE TISHOMINGO PROP. OWNERS ASS'N v. CRONIN

No. 65516.

679 S.W.2d 852 (1984)

LAKE TISHOMINGO PROPERTY OWNERS ASSOCIATION, Plaintiff-Respondent, v. Carla Helen CRONIN, et al., Defendants, John Johnson, Everett V. Johnson, Mary Frances Johnson, Albert George Beyer, Cecelia M. Beyer, Henry E. Klein, Edna Klein, Defendants-Appellants.

Supreme Court of Missouri, En Banc.

As Modified on Denial of Rehearing November 20, 1984.

Attorney(s) appearing for the Case

Albert George Beyer, St. Louis, for defendants-appellants.

Jack C. Stewart, Dennis H. Tesreau, Hillsboro, for plaintiff-respondent.

WELLIVER, Judge.

Lake Tishomingo Property Owners Association, respondent, brought this action seeking to enforce liens on real property owned by appellants resulting from their failure to pay a special assessment levied by respondent for the purpose of maintaining certain common property. It is undisputed that the special assessment was not authorized by the covenant restrictions contained in the original indenture and no provision in the original covenants permitted...

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