HOA LAWS AND REGULATIONS

Federal Laws: In addition to state law regulations, the federal government has laws that govern the operation and management of condominium and homeowners’ associations in the state of Missouri.
Missouri Human Rights Act (MHRA) - The Act prohibits housing discrimination because of race, color, religion, national origin, ancestry, sex, disability, or familial status. The Act applies the protections provided under the American with Disabilities Act (ADA) and Fair Housing Act (FHA) at the state level.
Victims of housing discrimination can file a complaint with the Missouri Commission on Human Rights or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.
HOA Debt Collection - Missouri does not regulate debt collection at the state level. However, debt collectors must comply with the federal Fair Debt Collection Practices Act (FDCPA). The Act prohibits debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt.
HOA fees are considered “debts” under the FDCPA, and homeowners are protected “consumers.” Victims can file a complaint against a debt collector who is violating the law with the Consumer Financial Protection Bureau. Victims also have the right to sue a debt collector in state or federal court within one year from the date of the violation, under the FDCPA.
Missouri Nonprofit Corporation Law, Mo. Rev. Stat. §§ 355.001 through 355.881. The statute governs non-profits with regard to corporate structure and procedure. If a homeowners’ association is a non-profit, as is the case with most Missouri associations, it will be governed by the Missouri Nonprofit Corporation Law.
For-profit associations are likewise governed by the Business Corporation Law. Missouri does not have a statutory framework for homeowners’ associations.
Missouri Condominium Property Act, Mo. Rev. Stat. §§ 448.005 through 448.210. The Act applies to condominiums created before September 28, 1983. Please read the Applicability section at 448.1-102.
Missouri Uniform Condominium Act, Mo. Rev. Stat. §§ 448.1-101 through 448.4-120. The Act applies to all condominiums created within this state after September 28, 1983, and in parts, to all condominiums created in this state before September 28, 1983; but only with respect to events and circumstances occurring after September 28, 1983, and do not invalidate existing provisions of the declaration, bylaws, or plats of those condominiums. Please read the Applicability section at 448.1-102.
Homeowners’ Association Law - Missouri does not have a specific statute governing homeowners’ associations. However, if an association is organized as a non-profit, as is the case with most Missouri associations, it will be governed by the Missouri Nonprofit Corporation Act, specifically with regard to corporate structure and procedure.
Importantly, homeowners’ associations are bound by its governing documents (Bylaws, Declaration, Articles of Incorporation). The association’s Bylaws generally dictate, among other things, the duties and responsibilities of its board, meetings, voting procedures, elections, and management of the association. The association’s Declaration will generally set property restrictions, obligations of the association and its members, and property rights. The Articles of Incorporation typically outline and define the association’s corporate status, powers, and limits.

SOLAR PANELS

Solar energy is a property right — eminent domain not permitted — easement requirements, Mo. Rev. Stat. § 442.012. The statute provides that solar energy is a property right that cannot be obtained by eminent domain. In addition, all solar easements obtained for the purpose of construction, reconstruction, remodeling or acquisition of a solar energy device are to be drafted in writing and must be subject to standard easement law and process.
Renewable Energy Standard, found in sections 393.1020 - 393.1030.
Electric Utility Renewable Energy Standard Requirements, 4 CSR 240-20.100(4) - This rule sets the definitions, structure, operation, and procedures relevant to compliance with the Renewable Energy Standard.
Recommended reading:
- Babb v. Mo. Pub. Serv. Comm’n, 414 S.W.3d 64, 70 (Mo. Ct. App. 2013)

GOVERNMENT AGENCIES

U.S. Department of Housing and Urban Development - (HUD) - The agency is responsible for enforcing the federal Fair Housing Act (FHA), which, as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability.
Recommended Reading:
United States Department of Justice Civil Rights Division - The agency enforces civil rights laws, including the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against disabled persons in employment, transportation, public accommodations, communications, and access to government programs and services.
- Frequently Asked Questions about Service Animals and the ADA - A guide on the ADA's service animal provisions.
- ADA Revised Requirements: Service Animals - This publication clarifies and refines issues and contains new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Consumer Financial Protection Bureau (CFPB) – The agency enforces federal consumer financial laws, including the FDCPA and The Servicemembers Civil Relief Act (SCRA).
Missouri Government Portal - Search for government information by topic and agency.
- Missouri Department of Labor & Industrial Relations
Missouri State Legislature - Search your state representative and the legislation (or "statutory law") database.
Missouri Attorney General - The attorney general’s office plays a vital role in protecting the state's citizens.
Missouri Department of Natural Resources - The division coordinates the state’s energy policy, houses energy-related programs, and works to support a strong, comprehensive, coordinated energy plan for Missouri.

HOA CONTACT INFORMATION AND DOCUMENTS

HOA Directory - Homeowners can enter the name of the community or subdivision to find the association’s contact information, mailing address, statutory agent, corporate status, annual report filing history, and other corporation documents, such as the association’s articles of incorporation.
HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

LEGAL RESOURCES

Missouri Judicial Branch - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.
The Missouri Bar - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
American Arbitration Association - The organization provides alternative dispute resolution (ADR) services.
Missouri Legal Services - The office provides free legal help to the low-income and disadvantaged in Missouri.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.

Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

Missouri HOA Laws and Information