Bill > HB3176

This bill, known as the Missouri Declaration and Bylaws Modernization Act, aims to update and clarify the rules governing various types of property associations in Missouri, including condominium owners' associations, homeowners' associations, and cooperatives, by establishing new sections within Chapter 442 of the Revised Statutes of Missouri (RSMo). The act defines key terms such as "Association," "Board of Directors," "Bylaws," "Declarant," "Declaration," and "Person" to ensure consistent understanding. It outlines procedures for amending declarations and bylaws, allowing for amendments to be deemed approved if a significant portion of members do not vote to reject them, and also permits boards to correct technical errors. The bill sets time limits for challenging the validity of amendments and clarifies how amendments are handled when bylaws are not separately adopted. It also addresses how consent is obtained from non-members when required for amendments and establishes that claims by members against an association are generally considered derivative, with specific exceptions. Furthermore, the act clarifies an association's ability to bring civil actions for unpaid assessments in small claims court, sets a deadline for challenging board elections, and provides a process for electing a new board in the absence of an existing one. It also states that the provisions of this act will control over conflicting provisions in chapter 355 (regarding nonprofit corporations) for associations on or after August 28, 2026, and prohibits associations from restricting property transfers based on protected classes for residential properties. The bill also grants associations the authority to hire and terminate managing agents and employees, mandates fidelity insurance for associations and managing agents, and specifies record retention requirements, including making most records available for owner inspection with certain exceptions.

https://house.mo.gov/Bill.aspx?bill=HB3176&year=2026&code=R