Should HOAs in Missouri pay for water and road fees when its HOA board was temporarily dissolved?

Question:

Our board was sent a notice of administrative dissolution in 12/06/2023. we did not receive that notice. we became aware of it from our accountants in September 2024 and filed to reinstate our board with no changes. and were reinstated in September 2024. at a board meeting today a resident said that we should refund the water and road fees for thaat time period

– Don

 

Answer:

Hi Don,

Even though your HOA was administratively dissolved from December 2023 until September 2024, Missouri law generally treats the association as still existing during that time for the purposes of winding up and managing affairs. That means your board could still collect fees and carry out regular duties like maintaining roads or managing water services, especially since you continued operating and later reinstated without any changes to your corporate structure.

As for the request to refund water and road fees—there’s typically no legal basis for that, especially if services were still provided. The fees weren’t charged without purpose; they went toward real upkeep and expenses that benefited the community. A temporary lapse in corporate status doesn’t erase the HOA’s responsibility—or the residents’ obligation—to maintain shared property and services.

That said, it’s always a good idea to be transparent with residents. You might consider explaining what happened, how it was resolved, and why fees were still necessary during that period. That level of openness can go a long way toward maintaining trust, even if you don’t agree to the refund.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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