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Missouri Condo & HOA Articles Archive

/ Owner - July 1, 2012
  • Who Are the “Beneficial Owners” of a Missouri Homeowners Association or Condominium Association?
    As we discussed last week, most Missouri HOAs and COAs are organized as nonprofit corporations that have not applied for, and may not be eligible for, tax-exempt status under Internal Revenue Code Section 501(a). As such, they may be considered “reporting companies” as defined in the Corporate Transparency Act (the “CTA”). That means they would be required to report their “beneficial owners” through the Beneficial Ownership Secure System (“BOSS”)   Read the article…………………………….
  • Are Missouri Homeowners Associations and Condominium Associations Required to Comply with the Corporate Transparency Act?
    On December 11, 2020, Congress passed the Corporate Transparency Act (“CTA”) as part of the National Defense Authorization Act for 2021. After years of rule-making, the CTA finally went into effect on January 1, 2024. The CTA, and the associated regulations, require companies formed or operating in the United States to file a beneficial ownership report with the Financial Crimes Enforcement Network (“FinCEN”) of the U.S. Treasury Department through the Beneficial Ownership Secure System, aptly referred to as “BOSS”. For general information on the CTA, please see our previous postings on the topic at this link.     Read the article…………………………….
  • Contractual Considerations for Short-Term Rentals
    Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future litigation. A well-written Lease can serve to facilitate friendly, productive, and profitable landlord/tenant relationships.   Read the article………………………..
  • How To Handle Neighbor Disputes In A Fair Manner
    Disputes are an inevitable part of living in communities. When people live near each other, they are bound to disagree occasionally. As an association board member knows, disagreements between residents and the board happen often. However, disputes between neighbors are even more common.   Read the article………………………..
  • How to Keep Owners Engaged in the HOA
    Owners make up the heart of any HOA. They elect the board of directors. Their HOA fees fund community projects. They provide a volunteer workforce for the community.  The owners in your HOA are extremely important. The following are some tips to keep them engaged and active in the community.     Read the article………………………..
  • How to Get Your Residents to Take Pride in Their Community (MO)
    As communities get larger and residents become more isolated from one another, fostering community pride can be a challenge. Even small communities struggle to get residents to take pride in their community. This, of course, does not mean that residents dislike where they live. But, they may not feel as invested in the community as you would like.   Read the article………………………..
  • New Missouri Law Affects Municipal Control over Home Occupations
    Unlike municipalities, HOA’s are not prevented by the new law from restricting work from home in their respective subdivisions so long as their governing documents provide for such restrictions.   Read the article………………………..
  • Association Not Liable for Injuries from Accident on Owner’s Lot (MO)
    Michael Reddick filed a wrongful death lawsuit against his parents (the owners of the property where he lived) and the neighbor in 2017. Reddick alleged that his wife fell off an unguarded three-foot high retaining wall on the night of December 30, 2016, while walking her dog, causing her death.  Read the article………………………..
  • Missouri Legislature Addresses Solar Panels: Changes Coming for Homeowner Associations
    The right to use solar energy has long been considered a property right in Missouri. See Section 442.012 RSMo. Even though the right to use solar energy is a property right, it may be subject to restrictive covenants, just like any other property right.  On Wednesday, June 29, 2022, Missouri Governor Parsons signed legislation which will change how homeowners associations may regulate the installation and use of solar energy within their communities, effective as of January 1, 2023.   Read the article…………………………….
  • How stay-at-home orders affect your homeowner and condominium association clients (MO)
    On March 21, St. Louis County and St. Louis City issued stay-at-home orders in response to the global COVID-19 health crisis. The COVID-19 pandemic has challenged — and will continue to challenge — the usual functioning of communities, such as conducting annual and board meetings, holding elections, ratifying budgets and other typical business processes.  This information is for communities operating under the Nonprofit Corporation Act trying to figure out how to manage operations during the COVID-19 pandemic.    Read the article…………………………
  • When a resident is encroaching on HOA common ground (MO)
    Most communities in Missouri that are managed by homeowners associations have some areas of common ground. This is ground technically owned by the HOA and is for the enjoyment of all community members. Unfortunately, sometimes HOAs have to deal with residents encroaching on common ground. What can HOA boards do when this happens?  Read the entire article……………………………….
  • What to do when residents want to change association bylaws (MO)
    Running a homeowners association is not an easy thing to do. It is impossible to keep all residents happy all the time. In fact, some HOAs in Missouri may find themselves dealing with residents who want to change certain things, such as the bylaws. How can a situation like this be handled?   Read the entire article……………………………….
  • How to utilize special assessments (MO)
    Homeowners associations in Missouri and elsewhere utilize collected fees to keep up community property. Unfortunately, there are times when those fees do not cover all community expenses. If allowed under community bylaws, special assessments may be collected to make up for any budget shortfalls — usually caused by the need for repairs or special projects.   Read the entire article……………………………….
  • Three ways to enforce HOA rules and regulations (MO)
    Homeowners associations exist to keep residential areas safe and looking their best. Unfortunately, not all residents of neighborhoods with an HOA agree with all of the rules and regulations, or they may be unaware of specific rules because they failed to read the community covenants, conditions and restrictions declaration given them upon move-in. When a resident fails to follow the CC&Rs, there are three ways HOA boards in Missouri can enforce the rules.   Read the entire article……………………………….
  • Openness may help prevent HOA legal fights (MO)
    Like individuals, the boards of Home Owner Associations can have distinct personalities, interests, strengths and weaknesses. Some play well with others and stay out of trouble, while others might always be entangled in conflicts.
  • What does a Homeowners Association regulate? (MO)
    In Missouri, many neighborhoods have a Homeowners Association (HOA). These associations help keep communities coherent, manage funds, and can even determine the outward appearance of a neighborhood. Unfortunately, because HOAs essentially “manage” the neighborhood, you could find yourself running into disputes with your resident homeowners if you are part of it.   Read the entire article……………………………….
  • Can Your Homeowners Association Limit Owners’ Display of Political Signs? (MO)
    As Americans, we cherish our First Amendment rights – chiefly among them, our freedoms of speech and expression. In November, for many that includes the freedom to express their political beliefs. As recent news stories have shown us, homeowners are willing to go to great lengths to express themselves, especially when they feel their rights are being suppressed.     Read the article………………………………..
  • Looking to Go Green? You May First Need to Check with Your Homeowner’s Association
    If you live in a subdivision, your property is likely governed by a homeowner’s association (HOA) and a written declaration of covenants, conditions, and restrictions regarding the use, condition, and overall appearance and aesthetic of your home (“Declaration”). As the below case illustrates, alterations to your property may be prohibited by or require prior approval under the Declaration, and you may be forced to remove such alterations, at your cost, if you violate such provisions.   Read the article……………
  • Association Required to Provide Names and Addresses of Delinquent Owners
    The Kansas Court of Appeals held that Kansas law requires a homeowners association to disclose the names and addresses of delinquent homeowners. Although this case was decided in Kansas, it could be an indication of how a Washington court might decide a similar issue.   Read the article………..
  • Renewable Energy: Are Solar Panels Welcome in Your Neighborhood?
    More Missourians want to put solar panels on their homes to cut costs and to reduce their traditional energy usage. For the most part, everyone is in favor of more renewable energy being used.  So what’s the problem?    Watch the video…………….
  • Not All Thieves are Stupid
    Not all thieves are stupid and here are some thoughts that we ALL should consider   Read more………….
  • CAI Best Practices: Ethics
    Simply put, when someone is employing ethics, he or she recognizes what is right and what is wrong and is choosing to do the right thing; however, as a great deal of business ethics literature will attest, “the right thing” is not always straightforward. For example, most ethical dilemmas in the workplace are not simply questions of “Should Bob steal from Jack?” or “Should Jack lie to his boss?”
  • Amendments to Subdivision Indentures; A Tricky Business of How Far Is Too Far (MO)
    Quite frequently, the homeowners association (“HOA”) of a subdivision will want to amend, remove or add provisions to the governing documents, generally called an indenture, restrictive covenants or covenants and restrictions. Changes can be relatively minor, from changing the date of the annual meeting (please, do not schedule for the last day of October, Halloween, the fourth Thursday of November, Thanksgiving, or some other holiday, either by specific date or particular week of the month), number of board members or even the requirements for payment of the annual assessment. Those changes would arguably not expand the reach of the indentures or restrictions.     Read more………
  • The Door of Shame
    Thinking about labeling your delinquent owners with a scarlet “D”.  It’s a risky business
  • Here’s a Riddle: What Takes More Than a Minute, But Less Than a Minute to Lose?
    Unlike earlier articles we have written about the necessity to memorialize and document actions taken by condominium and subdivision boards and their constituent members, there is an equally important matter which, unfortunately, I just sort of assumed would be understood, but perhaps it is worth repeating.      Read more……..
  • Transition
  • Strategic Planning
    Strategic Planning
  • Reserve Studies/Management
    Reserve Studies/Management
  • Green Communities
    Green Communities
  • Governance
  • Community Security
    Community Security
  • Financial Operations
    Financial Operations
  • Energy Efficiency
    Energy Efficiency
  • Community Harmony & Spirit
    Community Harmony & Spirit
  • From Good to Great: Principles for Community Association Success
    Every community has its own history, personality, attributes and challenges, but all associations share common characteristics and core  principles. Good associations  preserve the character of  their communities, protect  property values and meet  the established expectations of homeowners. Great  associations also cultivate  a true sense of community,  promote active homeowner  involvement and create a  culture of informed consensus.
  • HUD charges Pevely condo owner with violating Fair Housing Act
    The U.S. Department of Housing and Urban development announced Wednesday that it filed a complaint against the owner, architect, builder and designers of the 36-unit Valle Creek Condominiums at 8011 Valle Creek Parkway in Barnhart, Mo., for violating the Fair Housing Act.  Read More……
  • Why you need to pay attention to the money
    David M. Ketchmark, Acting United States Attorney for the Western District of Missouri, announced that the owner of a Kansas City, Missouri business was sentenced in federal court today for embezzling more than $750,000 from dozens of homeowners associations. Dale Palmer, 54, of Kansas City, Missouri, was sentenced by U.S. District Judge Nanette K. Laughrey to 46 months in federal prison without parole. The court also ordered Palmer to pay $825,937 in restitution to the victim homeowners associations and their insurers. Palmer, who pleaded guilty to mail fraud on Feb. 21, 2012, owned and operated Home Owner Association Services (HOAS), headquartered in Kansas City, Missouri. HOAS provided property management services for building and neighborhood homeowner associations and managed operating accounts for ...
  • Introduction to Community Association Living
    Community Volunteer Leadership Development Program Community volunteer leaders and members can maximize the benefits of community association living by better understanding the history, purpose, and function of community associations. One way to do so is by participating in the Center for Community Association Volunteers’ (CCAV) Community Volunteer Leadership Development Program – offered online or by local CAI chapters.    Read more…….
  • So Now You’re On the Board
    The first steps to superior board performance are clarifying your board’s job and then following through with appropriate plans, actions and evaluation of results. The checklists presented here are intended to assist you in those tasks. They cover a significant number of your responsibilities. The checklists will apply to virtually any association. To use them, simply modify or delete items as appropriate. http://communityassociations.net/wp-content/uploads/2011/03/so_now_youre_on_the_board.pdf  
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