Many planned communities are managed by a homeowners association (HOA) in Missouri. The laws governing HOAs in Missouri are established by various local and federal regulations, in addition to each individual HOA’s governing documents.
Who Regulates HOAs in Missouri?
There isnostate provision governing HOAs in Missouri. Usually, HOAs are organized as nonprofits and must follow theMissouri Nonprofit Corporation Lawfound in Title XXIII Chapter 355 of the Missouri Statutes. This statute governs any business for the purpose of homeowner and community improvement association.
Otherwise, governing documents regulate an HOA. Although every HOA is different, the governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules and regulations.
HOAs in Missouri may be subject to applicable federal laws such as:
HOA governing documents are not public records in Missouri. Only members or beneficiaries of the HOA can view bylaws, financial records, and other governing documents.
All documents required by the Missouri Secretary of State can be found by anyone online using theBusiness Searchoption. Filings can be downloaded and viewed free of charge.
HOA Powers in Missouri
In Missouri, HOAs have the power to:
Collect payments for common expenses
Collect charges to maintain and operate the common areas
Levy reasonable fines
Furthermore, HOA governing documents can grant additional powers such as restrictions on exterior paint colors, fencing, membership, and parking requirements
Can an HOA Impose Fines on a Homeowner in Missouri?
In Missouri, an HOAcanimpose fines on a homeowner. There is no state provision on the type of fine or amount. These processes can be found in the HOA’s governing documents.
An HOAcannotfine a homeowner for (or generally prohibit)anyof the following:
Displaying the American flag so long as it is consistent with federal law
Displaying political signs
Installing solar panels
Installing satellite dishes and antennas
The governing documents of an HOA may include reasonable rules and regulations about the placement, manner, and display of any of the items above.
Can an HOA Take a Homeowner’s House in Missouri?
In Missouri, there isnoprovision in the state statutes that conveys if an HOA can take a homeowner’s house. The governing documents will note if an HOA is allowed to take a homeowner’s house and steps for action.
However, Missouri has a statute that governs condos which may be regulated by HOAs. Condos can take a homeowner’s house in Missouri. This process would include an HOA levying a lien on the property for unpaid fines. The lien would then be foreclosed upon if it was not paid off in a certain amount of time after proper notice.
There isnostate provision regarding evicting homeowners or tenants. However, condos run by HOAs can evict tenants for unpaid assessments and fees by the homeowner.
Can an HOA Enter a Homeowner’s Property in Missouri?
There isnostate statute in Michigan that controls HOAs entering a homeowner’s property. Clauses of if, when, and how an HOA can enter a homeowner’s house will be listed in its governing documents.
Typically, an HOA may be able to enter a homeowner’s property in case of emergency, maintenance, or violation of any rules or regulations.
Except in the case of an emergency, reasonable notice should be provided to the homeowner before an HOA is to enter the homeowner’s property. A reasonable timeline can range depending on the reason for entry between three days and a couple of weeks.
Where Do Homeowners File Complaints Against Their HOA in Missouri?
Where to file a complaint against an HOA in Missouri depends on the type of complaint.
Alternatively, a homeowner with any other complaints can bring a claim instatecourt in the appropriate county.
Joining and Leaving an HOA in Missouri
In Missouri, there arenostate regulations on joining or leaving an HOA. These processes are determined by the HOA’s governing documents. Documents explaining the HOA and its membership rules should be presented at the closing for a new owner’s home purchase.
Generally, there are two types of HOAs that regulate joining and leaving clauses:
Mandatory HOAs.When a person buys a home, they automatically become a member required to abide by any HOA rules listed in the governing documents. This usually includes that a homeowner is not able to leave the HOA freely.
Voluntary HOAs.When a person buys a home, membership is a choice for each homeowner. If they choose to become a member, they may leave at any time by stopping their payments with the HOA.
To leave a mandatory HOA, a homeowner can sell their house or try to petition the court to have their home removed. However, there is no guarantee the petition will be granted.
How to Dissolve an HOA in Missouri
The process for dissolution of an HOA in Missouri may be outlined in the HOA’s governing documents. If it is not, members of the HOA must cast a vote of at least ⅔ in favor of dissolution.
If HOA members vote for dissolution, a plan for dissolution must be drafted to distribute assets and debts. After the plan for dissolution has been carried out by the HOA, an Articles of Dissolution must be filed with the Missouri Secretary of State. The HOA is considered dissolved upon filing.
Nonprofit corporations may be organized under this chapter for any one or more of the following or similar purposes… homeowner and community improvement association… No group, association or organization created for or engaged in business or activity for profit, or on the cooperative plan, provision for the incorporation of which is made by any of the incorporation laws of this state, shall be organized or operate as a corporation under this chapter.
Should I file my corporation’s bylaws, minutes and/or stock certificates with the Secretary of State?
No, the articles of incorporation are the only creation document filed with the Secretary of State. Bylaws, copies of minutes of any meetings, stock certificates, shareholders’ agreements, and other internal corporate documents are not filed with, and will not be accepted by, the Secretary of State.
…a member, or resident of a class of residents who have paid into the corporation for services… at a reasonable time and location specified by the corporation, any of the records of the corporation required by this act* if the member or resident gives the corporation written notice or a written demand at least five business days before the date on which the member or resident wishes to inspect and copy…. When a corporation has no members and makes provision for a self-perpetuating board of directors, any recipient or beneficiary of the services or activities of such corporation may inspect and copy the books and records of such corporation…
(14) To impose dues, assessments, admission and transfer fees upon its members; (15) To establish conditions for admission of members, admit members and issue memberships; (16) To carry on a business or businesses, either directly or through one or more for-profit or nonprofit subsidiary corporations; and (17) To do all things necessary or convenient, not inconsistent with law, to further the activities and affairs of the corporation.
A condominium association, cooperative association, or residential real estate management association may not adopt or enforce any policy, or enter into any agreement, that would restrict or prevent a member of the association from displaying the flag of the United States on residential property within the association with respect to which such member has a separate ownership interest or a right to exclusive possession or use.
2. (1) No deed restrictions, covenants, or similar binding agreements running with the land shall prohibit or have the effect of prohibiting the display of political signs… 3. (1) No deed restrictions, covenants, or similar binding agreements running with the land shall limit or prohibit, or have the effect of limiting or prohibiting, the installation of solar panels or solar collectors on the rooftop of any property or structure.
Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
1. The association has a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due. The association’s lien may be foreclosed in like manner as a mortgage on real estate or a power of sale… 4. Recording of the declaration constitutes record notice and perfection of the lien… 8. The association shall furnish to a unit owner or any holder of a mortgage or deed of trust, upon written request… The statement shall be furnished within ten business days after receipt of the request and is binding on the association, the executive board, and every unit owner unless it is known by the recipient to be false… If the tenant fails to make payment to the association, the association may issue notice and evict…
…an HOA representative can enter an owner’s unit in emergency situations, or for health and safety reasons… Many HOAs also have the right to enter an owner’s unit to maintain common elements… An HOA might also have the right to enter an owner’s unit to inspect for a violation of the development’s rules or regulations. Normally this is allowed only if the HOA has good reason to believe a violation is occurring… State statutes commonly require that HOAs provide an owner with “reasonable” notice. What’s considered “reasonable” depends on the situation. For example, prior notice of between three days and a week might be reasonable for an HOA wishing to enter an owner’s unit to perform periodic common area maintenance… if immediate entrance is necessary for health or safety reasons (such as if there is a fire in the unit), minimal or no notice is probably acceptable.
… membership in voluntary HOAs is optional… If you enter into a voluntary HOA, you can leave whenever you want by stopping your payments, although you’ll stop receiving the benefits of the HOA… When you buy a house in a community governed by a mandatory HOA, you automatically become a dues-owing HOA member. When you become a member, you stay a member for as long as you own the property or until the HOA is dissolved (which is very rare). At your home’s closing, you will have to sign documents agreeing to abide by the HOAs rules and pay any assessments, fees, or fines associated with the HOA or incurred by violating HOA rules…. Unless you can gain enough support in your community to let you leave the HOA voluntarily, you will have to hire an attorney to try to convince a judge that you should be allowed to leave.
1. Unless this chapter, the articles, bylaws, or the board of directors or members acting pursuant to subsection 3 of this section, require a greater vote or voting by class, dissolution is authorized if it is approved… (2) By the members, if any, by two-thirds of the votes cast or a majority of the voting power, whichever is less… 5. If the board seeks to have dissolution approved by the members by written consent or written ballot, the material soliciting the approval shall contain or be accompanied by a copy or summary of the plan of dissolution. 6. The plan of dissolution shall indicate to whom the assets owned or held by the corporation will be distributed after all creditors have been paid.
1. At any time after dissolution is authorized, the corporation may dissolve by delivering to the secretary of state articles of dissolution… 2. A corporation is dissolved upon the effective date of its articles of dissolution.