Missouri HOA laws

Missouri HOA and Condo Laws, in Plain English

Missouri has 2 statutes that govern community associations: Uniform Condominium Act and Condominium Property Act. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

Missouri

MO
Uniform Condominium Act Condominium Property Act
Resale documentResale Certificate
Fee capNo fixed dollar cap
Deadline10 days where the statute sets one
Buyer may cancel5 days after receiving it

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

Mo. Rev. Stat. 448.1-101 (Uniform Condominium Act)

Condominiums

The Uniform Condominium Act (sections 448.1-101 to 448.4-120) governs condominiums created in Missouri after September 28, 1983, covering their creation by declaration, the unit owners' association and its powers, assessments and liens, and the protection of purchasers, including the resale certificate a selling unit owner must furnish under 448.4-109. Section 448.1-102 extends only listed sections to condominiums created before that date, and the resale certificate section is not among them.

  • Mo. Rev. Stat. 448.4-109 (Resales of Units)

    This section of the Uniform Condominium Act requires a unit owner to give a purchaser a resale certificate, drawn from the declaration, bylaws, rules, and specified financial and legal information about the association, before the sale of a unit, and requires the association to furnish that certificate to the owner on request by a set deadline. It also limits a purchaser's exposure for unpaid assessments to the amount the certificate discloses.

    Official text
Read Mo. Rev. Stat. 448.1-101 on the state's site

Mo. Rev. Stat. 448.005 (Condominium Property Act)

Condominiums

The original Condominium Property Act (sections 448.005 to 448.210) continues to govern condominiums created in Missouri on or before September 28, 1983, covering the declaration and plats, the unit owners' proportionate shares of common expenses, the lien for unpaid common expenses (448.080), and the manager's records (448.200). It requires no resale certificate; a junior encumbrancer may request a written statement of unpaid common expenses, which the manager or board must furnish within 20 days or lose priority for the amounts then due.

Read Mo. Rev. Stat. 448.005 on the state's site

When a Home Sells in Missouri

Missouri law has the association furnish resale certificate to the buyer, under Mo. Rev. Stat. 448.4-109. The figures below come from the rules Havn applies to every order.

What Missouri calls the resale document
Resale Certificate
Fee cap
No fixed dollar cap
Delivery deadline
10 days where the statute sets one
Buyer's right to cancel
5 days after receiving it

On written request from a unit owner or any holder of a mortgage or deed of trust, the association must furnish a recordable statement setting forth the amount of unpaid assessments against the unit, within ten business days after receipt of the request; the statement is binding on the association, the executive board, and every unit owner unless the recipient knows it to be false (Mo. Rev. Stat. 448.3-116.8).

The full Missouri resale rules, who pays, and how to order are on the Missouri resale certificate page. Every state's cap and deadline sit side by side in the fee and deadline table.

Missouri HOA Law Questions

Which law governs condominiums in Missouri?

Mo. Rev. Stat. 448.1-101 (Uniform Condominium Act) and Mo. Rev. Stat. 448.005 (Condominium Property Act). The Uniform Condominium Act (sections 448.1-101 to 448.4-120) governs condominiums created in Missouri after September 28, 1983, covering their creation by declaration, the unit owners' association and its powers, assessments and liens, and the protection of purchasers, including the resale certificate a selling unit owner must furnish under 448.4-109.

Does Missouri cap the fee for a resale certificate?

No. Missouri sets no dollar cap on resale certificate, so the association or its management company sets the fee within the statute.

How long does a Missouri association have to deliver resale certificate?

10 days where the statute sets one, counted from the request.

Where can I read the Missouri statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Nearby States

Kansas HOA laws

Resale fee: no fixed dollar cap · 10 days

Illinois HOA laws

Resale fee: $375 · 10 business days

Arkansas HOA laws

Resale fee: no fixed dollar cap · no statutory deadline

Iowa HOA laws

Resale fee: no fixed dollar cap · 10 business days

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Missouri community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

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