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Fascism.

That鈥檚 more of a personal opinion than a legal one, though it rings true with why Wolff and I were having the conversation.

He was responding to my Sunday column about the battle in Ballwin between Christe Mirikitani, who gives softball pitching lessons in the backyard of her childhood home, and the Country Creek Homeowners Association, which has been trying to put an end to the pitching lessons because of an indenture that limits the operation of a business in homes.

The column struck a nerve with a lot of folks. Wolff knows why.

鈥淚n the American system of government, homeowners鈥� associations 鈥� some of them, not all 鈥� are basically fascistic,鈥� Wolff says. 鈥淭hey want to control other people鈥檚 property and other people鈥檚 lives.鈥�

Most folks who have ever owned a home or condo have a story about their local HOA, from disputes over fences and roof shingles, to run-ins over lawn mowing and backyard sheds. In the past few years, the Missouri Legislature has stepped in to limit the power of HOA鈥檚 to, for instance, stop homeowners from installing solar panels.

David Hall sees the Ballwin situation as a dispute over rules. Hall is the president of the Country Creek HOA, and he is leading the charge to shut down Mirikitani鈥檚 pitching lessons. He didn鈥檛 respond when I first sought comment for my Sunday column. But after it was published, he sent me an emailed statement.

鈥淭he home that Christe Mirikitani uses to run her softball clinic at has caused dozens of homeowners to complain and request the Board of Trustees help resolve the matter,鈥� Hall wrote. 鈥淭he homeowners 鈥� are conducting this business in violation of the indenture document.鈥�

There is no dispute that Mirikitani is operating a business. Her pitching lessons aren鈥檛 free. Whether it鈥檚 in violation of the HOA rules, however, is a matter for the courts, if neighbors can鈥檛 work things out themselves. That鈥檚 what another indenture in the rules, in effect when Mirikitani鈥檚 parents bought the home, says.

鈥淓nforcement of any of these covenants shall be by proceedings of law,鈥� the HOA indentures say.

If this is a story about following the rules 鈥� as many responses to my column suggest it should be 鈥� then does that not apply to both sides of the dispute?

But the HOA hasn鈥檛 taken Mirikitani or her parents to court. Instead, it鈥檚 trying to change the rules. Hall and his fellow trustees are proposing broad new indentures that would allow the HOA to declare virtually anything the trustees don鈥檛 like a 鈥渘uisance鈥� and to enforce violations with fines and liens against the property. The proposal will go to a vote of the homeowners.

For much of Missouri鈥檚 history, such a change to HOA indentures, one that adds a new 鈥渂urden鈥� on homeowners, would have been virtually impossible without a unanimous vote of homeowners in the association. That鈥檚 because of a 1938 decision by the Missouri Supreme Court. In that case, a Clayton landowner successfully argued that an amendment to HOA indentures made after he purchased his property improperly restricted his rights to develop it.

But in 2019 鈥� more than year after I first wrote of Mirikitani鈥檚 dispute 鈥� the Missouri Supreme Court in another Clayton case. This time, the court opened the door for HOA鈥檚 to amend their indentures and impose new restrictions on homeowners, as long as the original indentures had language allowing changes.

Wolff expects the courts will generally frown on HOA attempts to take advantage of this new ruling if the action restricts homeowners鈥� property rights.

鈥淚f they get to re-define what the contract is after that contract has already been executed, that can be problematic,鈥� Wolff says. 鈥淚t seems to me the courts are going to become increasingly distrustful of these arbitrary sort of things.鈥�

What that means for Mirikitani remains to be seen. There are at least some homeowners in the neighborhood who believe she should stop offering lessons in her parents鈥� backyard and instead do so at her own home, a public park or a private indoor sports facility.

And there are others, including the parents of the girls she teaches, who believe those who want to shut down Mirikitani are overreacting to something that isn鈥檛 causing harm.

鈥淚鈥檓 not sure how (up to) two girls taking a lesson is more disruptive than kids playing backyard tag,鈥� Ashlie Ott, whose daughter is taught by Mirikitani, told me. 鈥淚 can鈥檛 believe that she and her parents have to put up with such nonsense.鈥�

Nonsense or nuisance?

That鈥檚 the question Country Creek homeowners will have to decide.