Missouri HOA Laws: A Comprehensive Guide

If you are the board member, executive, or manager of a homeowners association (HOA) in Missouri, you need to have a good understanding of the applicable HOA laws and regulations. Because violations could result in penalties, it's important to ensure that your organization conforms to the applicable statutes.

However, with so much confusing legal jargon, understanding Missouri HOA laws can seem like a daunting task, which is why we have drawn up a simple guide to help you learn the basics.

Keep in mind that we cannot possibly mention all the applicable laws, so you will need to conduct your own research to find out more about any local, state, or federal legislation that might influence the way your HOA is run.

Understanding the Basics

Before we discuss state laws, let's first talk a little about what homeowners associations are. If you're new to the world of HOAs, understanding the primary function of such organizations is imperative.

Homeowners associations, commonly referred to as community or property owners associations, are non-government corporations that are formed to uphold certain aesthetic and functional qualities in a neighborhood.

The HOA is responsible for maintaining and repairing common elements in the neighborhood, such as swimming pools and parks, and also creates its own rules and regulations, which are detailed in its governing documents.

State Laws That Govern Missouri Homeowners Associations

Without further ado, here is an overview of the state statutes that often apply to homeowners associations in Missouri:

Missouri Nonprofit Corporation Law

In Missouri, there is no state law that governs homeowner's associations. HOAs are often incorporated as nonprofits and must adhere to the Missouri Nonprofit Corporation Law, which may be found in Title XXIII, Chapter 355 of the Missouri Revised Statutes.

This law applies to any company established for the express purpose of forming a homeowners and neighborhood enhancement association. It defines the association's corporate structure and provides guidelines for its internal processes.

Missouri Condominium Property and Missouri Uniform Condominium Act

Condominium associations are governed by the Missouri Condominium Property and Uniform Condominium Acts.

Any condominium association that was formed prior to the 28th of September 1983 will be regulated by the Missouri Condominium Property Act, while those formed after this date will be governed by the Missouri Uniform Condominium Act.

Keep in mind that certain clauses in the latter will apply to condominiums created after September 28, 1983.

Missouri Human Rights Act

This legislation is designed to protect homeowners and potential homeowners from housing discrimination based on the following: 

• Disability
• Religion
• Race
• National origin
• Familial status 
• Color
• Ancestry
• Sex

The Act implements at the state level the safeguards afforded by the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA).

It's important to remember that homeowners can approach the Missouri Commission on Human Rights or file private lawsuits against an HOA if they feel that their rights are being violated.

Therefore, you must ensure that you have a good understanding of the relevant legislature and know how to deal with complaints and disputes that may arise.

Fines for Violations and Late Payments

A homeowner in Missouri can be fined by an HOA for violating its rules or failing to pay their dues on time. However, there is no state regulation governing the type of fine or amount that may be charged. These procedures are outlined in the association's governing documents.

There are laws in place that prevent HOAs in Missouri from prohibiting the following:

• US national flag display, as long as it is done in accordance with federal law
• The installation of solar panels
• Satellite dish and antenna installations
• The putting up of political signs

An HOA's governing documents may incorporate reasonable restrictions and regulations regarding the placement, method, and presentation of any of the objects listed above.

Foreclosures for Non-payment

There is no clause in Missouri law that clarifies whether a homeowners association can foreclose on a member's home. The organization's governing documents will state if it is permitted to do so and what measures must be taken.

It's important to note that different rules apply for condominiums, so it's important to consult the relevant legislation for guidance on how to foreclose on a home when the owner has failed to make timely payments.

About DoorLoop's Homeowners Association Tools

Are you struggling to manage your HOA in Missouri? If that's the case, then you need to know that there's hope. We live in a digital age, and if you're not using HOA management software to enhance your productivity and ensure that your homeowners association is complying with the relevant laws and regulations, then you are missing out!

DoorLoop offers a plethora of powerful features designed to help you manage work orders, prepare and maintain financial records, communicate with members and vendors, and store important documents with ease. Our software isn't just feature-packed but also easy to use, so you can rest assured that tools can be found and used without any trouble.

Speaking of trouble, if you run into any issues, you can count on our world-class support. The best part is that you can try it out for free! Contact us today to learn more or to schedule your no-obligation, free demo.

Final Thoughts

The management of a homeowners association in Missouri starts with a good understanding of the applicable HOA rules and laws. Be sure to do your own research into other applicable legislation and ensure that your executive board understands the legal implications.

If you require assistance to ensure that your HOA meets these legal standards, try DoorLoop! Get in touch with us today to try our software out for free.

Frequently Asked Questions

1. What are governing documents?

An HOA's governing documents are a set of guidelines that regulate the organization. The Declaration of Covenants, Conditions, and Restrictions (CC&R), which establishes the fundamental norms for property usage and maintenance, is generally included in these documents.

In addition, the Bylaws, which outline the HOA's organizational structure and procedures for making decisions, are also included, as are the Articles of Incorporation, which establish the homeowners association as a legal body.

Everything from architectural guidelines to dues collection is governed by these documents, which provide uniformity and order within the community while safeguarding property values and homeowners' interests.

2. How does an incorporated common interest community benefit from an HOA?

HOAs in Missouri provide order, uniformity, and governance. They also help to maintain certain aesthetic standards and conduct regular maintenance and repairs on common areas so that individual homeowners don't have to. Overall, they are beneficial because they enhance property values by enforcing certain rules and regulations.

3. Can a Missouri HOA place a lien on a property for unpaid assessments?

Yes. HOAs can place a lien on a property for unpaid dues. Homeowners can also risk foreclosure if they fail to pay their real estate taxes or other governmental assessments. The details can be found in the association's governing documents.

4. Do HOAs need to provide written notice before entering a homeowner's property?

There are no laws that specify whether an HOA will need to make a written request when entering private property, but it is a good practice to ensure that property owners are given sufficient notice if there is planned maintenance that needs to be conducted and access to their premises is required.