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It's pertaining to real estate law in Missouri. Missouri,

Customer Question
Hi, it's pertaining to...

Hi, it's pertaining to real estate law in Missouri.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Missouri

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 11 months ago.Category: Legal
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Answered in 5 minutes by:
9/19/2017
Lawyer: LegalKnowledge, Attorney replied 11 months ago
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 32,801
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LegalKnowledge, Attorney replied 11 months ago

Good afternoon. Can you please share with me what your question is?

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Customer reply replied 11 months ago
Is it legal and enforceable for an HOA in Missouri to require a security deposit from an owner who wishes to rent the condo? The logical case I make is that the HOA already has the right to fine me for damages to common areas by a tenant and that a security deposit is therefore redundant.
Lawyer: LegalKnowledge, Attorney replied 11 months ago

What do the rules/by-laws say about this?

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Customer reply replied 11 months ago
The by laws say it is required.
Lawyer: LegalKnowledge, Attorney replied 11 months ago

If the by-laws allow for it, they can ask for the deposit. I say this because the security deposit which you obtain from the tenant, goes to the actual unit which you own. However, if they were to damage something in the common area, the HOA may not want to have to go through the process of trying to impose and collect a fine from you and they rather impose a claim on money which they already have. A lot of the times, you have a landlord/owner who rents out the property and really is not as involved or on top of their tenant as they should be and it causes problems from the HOA. Now, what they charge for a deposit should be reasonable, based upon what common areas can be used by the tenant but if the rules allow it, they can ask for a security deposit to be paid, so the interest of the common areas are protected

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Customer reply replied 11 months ago
I was wondering if there is a specific law regarding this since the topic of security deposits is specific in Missouri. For example, a landlord is not allowed to charge more than two months rent for security deposit. However, If there's nothing specific, how is it enforceable?
Lawyer: LegalKnowledge, Attorney replied 11 months ago

It would be enforceable since the rule /require is set up by the HOA and when the unit owner purchased, agreed to this. HOA and Condo Associations can create their own by-laws, rules and regulations. When a party wants to buy and own within, they have to agree to them and if they refuse, the HOA can take action. In this case, if the tenant moved in and did not pay the deposit, they could try and come after you. However, if you have no concerns about your tenant, you could offer and see if you could put up the deposit and have the HOA return it to you, when they vacate. If you think a tenant may be scared off from renting by posting this, you could do it on their behalf.

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