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SECOND REGULAR SESSION
HOUSE BILL NO. 2435
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MURPHY .
5938H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 442.404, RSMo, and to enact in lieu thereof one new section relating to
certain homeowners' association restrictions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 442.404, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 442.404, to read as follows:
442.404. 1. As used in this section, the following terms shall mean:
2 (1) "Homeowners' association", a nonprofit corporation or unincorporated association
3 of homeowners created under a declaration to own and operate portions of a planned
4 community or other residential subdivision that has the power under the declaration to assess
5 association members to pay the costs and expenses incurred in the performance of the
6 association's obligations under the declaration or tenants-in-common with respect to the
7 ownership of common ground or amenities of a planned community or other residential
8 subdivision. This term shall not include a condominium unit owners' association as defined
9 and provided for in subdivision (3) of section 448.1-103 or a residential cooperative;
10 (2) "Political signs", any fixed, ground-mounted display in support of or in opposition
11 to a person seeking elected of fice or a ballot measure excluding any materials that may be
12 attached;
13 (3) "Solar panel or solar collector", a device used to collect and convert solar ener gy
14 into electricity or thermal ener gy[ , ] including , but not limited to , photovoltaic cells or panels,
15 or solar thermal systems.
16 2. (1) No deed restrictions, covenants, or similar binding agreements running with
17 the land shall prohibit or have the ef fect of prohibiting the display of political signs.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (2) A homeowners' association has the authority to adopt reasonable rules, subject to
19 any applicable statutes or ordinances, regarding the time, size, place, number , and manner of
20 display of political signs.
21 (3) (a) A homeowners' association may remove a political sign without liability if
22 such sign :
23 a. Is placed within the common ground[ , ] ;
24 b. Threatens the public health or safety[ , ] ;
25 c. V iolates an applicable statute or ordinance[ , ] ;
26 d. Is accompanied by sound or music[ , ] ; or
27 e. If any other materials are attached to the political sign.
28 (b) Subject to [ the foregoing ] paragraph (a) of this subdivision , a homeowners'
29 association shall not remove a political sign from the property of a homeowner or impose any
30 fine or penalty upon the homeowner unless it has given such homeowner three days after
31 providing written notice to the homeowner , which notice shall specifically identify the rule
32 and the nature of the violation.
33 3. (1) No deed restrictions, covenants, or similar binding agreements running with
34 the land shall limit or prohibit, or have the ef fect of limiting or prohibiting, the installation of
35 solar panels or solar collectors on the rooftop of any property or structure.
36 (2) A homeowners' association may adopt reasonable rules, subject to any applicable
37 statutes or ordinances, regarding the placement of solar panels or solar collectors to the extent
38 that those rules do not :
39 (a) Prevent the installation of the device[ , ] ;
40 (b) Impair the functioning of the device[ , ] ;
41 (c) Restrict the use of the device[ , ] ; or
42 (d) Adversely af fect the cost or ef ficiency of the device.
43 (3) The provisions of this subsection shall apply only with regard to rooftops that are
44 owned, controlled, and maintained by the owner of the individual property or structure.
45 4. (1) No deed restrictions, covenants, or similar binding agreements running with
46 the land shall prohibit or have the ef fect of prohibiting the display of sale signs on the
47 property of a homeowner or property owner including, but not limited to, any yard on the
48 property , or nearby street corners.
49 (2) A homeowners' association has the authority to adopt reasonable rules, subject to
50 any applicable statutes or ordinances, regarding the time, size, place, number , and manner of
51 display of sale signs.
52 (3) (a) A homeowners' association may remove a sale sign without liability if such
53 sign :
54 a. Is placed within the common ground[ , ] ;
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55 b. Threatens the public health or safety[ , ] ;
56 c. V iolates an applicable statute or ordinance[ , ] ;
57 d. Is accompanied by sound or music[ , ] ; or
58 e. If any other materials are attached to the sale sign.
59 (b) Subject to [ the foregoing ] paragraph (a) of this subdivision , a homeowners'
60 association shall not remove a sale sign from the property of a homeowner or property owner
61 or impose any fine or penalty upon the homeowner or property owner unless it has given such
62 homeowner or property owner three business days after the homeowner or property owner
63 receives written notice from the homeowners' association, which notice shall specifically
64 identify the rule and the nature of the alleged violation.
65 5. (1) No deed restrictions, covenants, or similar binding agreements running with
66 the land shall prohibit or have the ef fect of prohibiting ownership or pasturing of up to six
67 chickens on a lot that is two-tenths of an acre or lar ger , including prohibitions against a single
68 chicken coop designed to accommodate up to six chickens.
69 (2) A homeowners' association may adopt reasonable rules, subject to applicable
70 statutes or ordinances, regarding ownership or pasturing of chickens, including a prohibition
71 or restriction on ownership or pasturing of roosters.
✔
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