☰ Revisor of Missouri

Title XII PUBLIC HEALTH AND WELFARE

Chapter 213

Effective - 01 Jan 2006, see footnote bottom

  213.041.  Restrictive covenants, homeowners' association — limitations — procedure to delete violative restrictive covenants. — 1.  No declaration or other governing document of a homeowners' association shall include a restrictive covenant in violation of section 213.040.

  2.  Notwithstanding any other provision of law or provision of the governing documents, the board of directors of a homeowners' association shall amend, without approval of the owners, any declaration or other governing document that includes a restrictive covenant in violation of section 213.040, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document.

  3.  If after providing written notice to a homeowners' association requesting that the association delete a restrictive covenant in violation of section 213.040, and the association fails to delete the restrictive covenant within thirty days of receiving the notice, the Missouri commission on human rights, a city or county in which a common interest development is located, or any person may bring an action against the homeowners' association for injunctive relief to enforce the provisions of subsections 1 and 2 of this section. The court may award attorney's fees to the prevailing party.

  4.  The provisions of this section shall become effective on January 1, 2006.

­­--------

(L. 2005 S.B. 168)

Effective 1-01-06


---- end of effective   01 Jan 2006 ----

use this link to bookmark section  213.041


In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions

Site changes Pictures Contact

Other Links
Oversight MOLIS Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House

@16:48:11.9 17 :)