Question:
I live in a subdivision that is at least 34 years old. Our HOA guidelines and restrictions are that old and have become obsolete. How can we update them. Do we need to have the 2/3 majority vote of present homeowners or more? Our board allows for variances if they are given to them for approval but some people just do what they want. Personally, it’s a mess.
I look forward to any information or direction you can give me.
– Ruth
Answer:
Hi Ruth,
For condominiums, the Missouri Uniform Condominium Act Section 448.2-117 states that “the declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.”
It goes on further to say:
“2. No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.
3. Every amendment to the declaration shall be recorded in every county in which any portion of the condominium is located, and is effective only upon recordation. Every amendment shall be indexed in the name of the condominium, the association, and the parties executing the amendment.
4. Except to the extent expressly permitted or required by other provisions of sections 448.1-101 to 448.4-120, no amendment may create or increase special declarant rights, increase the number of units, or change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of unanimous consent of the unit owners.
5. Amendments to the declaration required by sections 448.1-101 to 448.4-120 to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of the association.”
However, for non-condominiums, Missouri does not have an HOA Act. For amendments, you will need to refer to your CC&Rs for the requirements and procedure.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
