Missouri HOA Laws, Rules, Resources & Information — Homeowners Protection Bureau, LLC (2024)

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 circ*mstances 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 energy is a property right — eminent domain not permitted — easem*nt 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 easem*nts 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 easem*nt 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)

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:

• Joint Statement of HUD and Dept. of Justice Reasonable Accommodations under the Fair Housing Act (2004).

• Joint Statement of HUD and Dept. of Justice Reasonable Modifications under the Fair Housing Act (2008).

• Assessing a Person’s Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (2020).

• Discrimination Against Persons with Disabilities: Testing Guidance for Practitioners (2005).

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 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.

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.