Requires homeowners' associations to dissolve every ten years after establishment unless the association receives a majority vote for renewal

SECOND REGULAR SESSION
HOUSE BILL NO. 2840
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE WEST .
5975H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 442, RSMo, by adding thereto one new section relating to homeowners'
associations.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 442, RSMo, is amended by adding thereto one new section, to be
2 known as section 442.405, to read as follows:
442.405. 1. As used in this section, "homeowners' association" or "association"
2 shall mean a nonprof it corporation or unincorporated association of homeowners
3 cr eated under a declaration to own and operate portions of a planned community or
4 other res idential subdivision that has the power under the declaration to assess
5 association members to pay the costs and expenses incurr ed in the performance of the
6 association's obligations under the declaration or tenants-in-common with res pect to the
7 ownership of common gro und or amenities of a planned community or other res idential
8 subdivision. This term shall not include a condominium unit owners' association as
9 defined and pr ovided for in subdivision (3) of section 448.1-103 or a re sidential
10 cooperative.
11 2. (1) Notwithstanding any pr ovision of law to the contrary , a homeowners'
12 association shall dissolve ten years following the date of establishment unless such
13 association is ren ewed by a majority vote of eighty-five per cent of all members of the
14 association at an election held within ninety days of the date of dissolution. Any
15 association failing to recei ve a majority vote of eighty-five percen t for r enewal shall be
16 immediately dissolved, and the member homeowners shall not be subject to any other
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.
17 association for a period of ten years unless appr oved by eighty-five per cent of such
18 homeowners.
19 (2) Any association r enewed pursuant to subdivision (1) of this subsection shall
20 be subject to re newal every ten years.
21 (3) Any association in existence for a period of at least ten years as of August 28,
22 2026, shall hold an election pursuant to subdivision (1) of this subsection no later than
23 December 31, 2026, and every ten years ther eafter .
✔
HB 2840 2