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Ryan v. Baptiste

565 S.W.2d 196 (1978)

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Ryan v. Baptiste

Missouri Court of Appeals
565 S.W.2d 196 (1978)

MP

Facts

Lorene Ryan (plaintiff) was an original purchaser and owner of one of eight condominium units in building 29 in the Burtonwood Manor Condominium complex in St. Louis County, Missouri. Ryan sued the condominium’s board of managers (the board) (defendants) for an injunction to order the board to remove locks from the doors to the exterior entranceways of the building where Ryan’s unit was located. The board counterclaimed for damage to the locks and doors that was allegedly caused by Ryan. The board installed locks on the entranceways and gave keys to unit owners after several reports of vandalism and theft. Ryan alleged that the locks infringed on his easement rights to all common areas that were granted in the condominium’s bylaws. The bylaws also authorized the board to adopt rules and regulations it deemed advisable “for the health, comfort, safety, and general welfare of the unit owners and occupants” of the complex. Maintenance and repair for all common areas was also a duty reserved in the bylaws for the board. The trial court granted Ryan’s injunction and denied the board’s counterclaim. The board appealed.

Rule of Law

Issue

Holding and Reasoning (Reinhard, J.)

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