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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5767
Experience:  20 years professional experience
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Is there a Missouri law regarding a HOA billing an owner of

Customer Question

Is there a Missouri law regarding a HOA billing an owner of unimproved property within the Homeowners Association.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
Unlike many other states [and as you may have discovered] Missouri does not have specific statutes that govern HOA or property owner associations; except for condominiums. The following laws govern HOAs in Missouri which also govern non-profits generally:
Chapter 23 - Subchapter 355 Non-profit corporation law
Chapter 28 - Contracts and contractual Relations
Chapter 29 - Subchapter 442 Titles and conveyance of real estate
Chapter 213 - Human Rights
Thus to find out about the policies regarding the operation of the HOA, including those regarding assessments, one must look to the association’s governing documents, such as the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and its bylaws. It appears that you have already done that and found that the assessments are not limited to improved lots.
If there is an ambiguity in this area as to how to interpret the CC&Rs, then only a court can resolve that ambiguity by looking at the four corners of the documents or by employing terms that are similar to those that are standard in the industry. This is done by either the member or the HOA filing a declaratory judgment action. Please see link below:
http://www.courts.mo.gov/page.jsp?id=1001
http://www.courts.mo.gov/file.jsp?id=52473
Also, at the link above is a Missouri case that tends to confirm that HOA assessments on unimproved lots are permissible.
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