ST. PETERS, Mo. – Former Bellemeade Homeowners Association board member Sophia Sullivan-Eufinger stepped down when she noticed the HOA paying thousands in legal fees over a couple of fences. 

“We’re going to see about recalling the board and then we’re also going to step back and we’re going to look at what do we want to do long-term as a community,” Sullivan-Eufinger said. 

FOX 2 has reviewed financial documents for the past five years provided by Sullivan-Eufinger. They show that legal expenses went from $485 dollars in 2020 up to more than $31,000 in 2023.

Sullivan-Eufinger notes the rise coincides with two lawsuits filed in 2022. 

The HOA is suing two homeowners for going against an HOA rule that allows residents to only fence in their back yards. The defendants in the case also have their yard on the side of their house fenced in.

In one of the lawsuits, a judge wrote that the HOA cited legal expenses at more than $20,000 and the case is still ongoing. 

The HOA president did not respond to our interview request but wrote a letter to the community to address concerns circulating on social media that reads, in part:

“It is unfortunate that very few homeowners don’t respect the restrictions that we have all agreed to. It is our duty to enforce the Declaration…We unfortunately have pending enforcement actions which are in litigation. While enforcement is always the very last option, it is expensive and according to the enforcement section in our declaration is recoverable.” 

But in at least one case, a judge disagrees.

In a ruling in one of the lawsuits, a judge sided with the homeowners due to a lack of enforcement in other cases. In one cited example, the defendant lives right across the street from another property with a fenced-in side yard. The owner of that property has not been sued. 

The judge also said the HOA can only recover legal fees if it is the “prevailing party.” The case is still ongoing because the HOA is now appealing that ruling. 

The attorney representing the homeowner in the case added, “The homeowners association in this case has spent tens of thousands of dollars litigating a matter that could have been easily resolved by granting a minor variance from the restrictions—especially considering that numerous other properties in the subdivision already have fences that are out of compliance.” 

As the legal fees pile up, Sullivan-Eufinger noticed the HOA does not have an umbrella insurance policy as required by the declaration of trust. 

“You’ve already spent the money. There’s another one going to court in may for the same reason. You’ve already lost. At some point you’ve got to stop the bleeding for this community,” she said. 

The HOA addressed this in its letter also, stating, “We do and have always had insurance on the property covering all common ground and physical property with $2M general liability. We have submitted an application to raise the limits of the policy to include an umbrella of $5M, which is in underwriting.”

There are other questionable actions as well, Sullivan-Eufinger noted.

“We have so many issues within this community, that that’s what we’re paying our reserves for and paying our fees. It’s just, to me, mind-boggling,” she said. 

There is currently a petition circulating around the community. If 20% of homeowners sign it, it will force the Bellemeade HOA to hold a public meeting to address their questions and concerns.

Bellemade Attorney Todd Billy shared a statement with FOX 2.

“Despite the Association’s best efforts to avoid litigation with multiple attempts to reach an amicable resolution, the Association has two pending lawsuits against owners that are violating the covenants that they agreed upon when they purchased their home. As those lawsuits are pending, the board is not going to provide further comment.

Billy further stated that homeowners and the public are welcomed to review the case online.

“It is surprising and unfortunate that several owners now want the Board to ignore the covenants while alleging that the Board is violating the covenants and threatening lawsuits,” Billy said. “The board, as it always has been, is committed to serving the community as a whole and will continue to do so.”