Missouri's Condominium Property Act (Mo. Rev. Stat. §§ 448.1-101 through 448.4-120) is based on the Uniform Condominium Act. Planned community HOAs in Missouri rely on their CC&Rs and Missouri nonprofit corporation law. Missouri courts have a strong history of enforcing CC&R restrictive covenants, making proper documentation especially important for Missouri HOA boards.
Missouri Condominium Act: Core Provisions
The Act establishes requirements for the condominium declaration, plat, association governance, unit owner rights, and the right to collect and lien for unpaid assessments. Missouri condominiums have a statutory lien for unpaid assessments (§ 448.3-116) that has priority over all liens except first mortgages and tax liens.
Planned Community HOAs: Strong Court Enforcement
Missouri courts have been notably consistent in enforcing CC&R restrictive covenants. Courts apply the "four corners" rule — if the restriction is clearly stated in the recorded CC&Rs, it will be enforced. This means Missouri boards with well-drafted CC&Rs have strong enforcement authority, while those with vague or ambiguous restrictions face challenges.
Enforcement Procedures
Missouri does not set statutory fine procedures or caps for planned communities — those are entirely governed by the CC&Rs and rules. Best practice: written notice citing the specific CC&R provision, a reasonable cure period (14-30 days), opportunity for a hearing before the board, and a documented fine schedule. Courts scrutinize whether the association followed its own procedures.
Assessment Collection
For planned community HOAs, lien rights must come from the CC&Rs — Missouri does not grant automatic statutory lien rights to non-condo associations. Most Missouri planned community CC&Rs do include lien rights. Foreclosure of HOA liens in Missouri is judicial.
Disclaimer: Missouri law treats condominiums (§ 448.1-101) and planned communities (CC&R-based) differently. Consult a licensed Missouri attorney for legal advice specific to your association.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →