Section 213.041

Title XII PUBLIC HEALTH AND WELFARE

Chapter 213

Effective - 01 Jan 2006, see footnote   

  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.

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(L. 2005 S.B. 168)

Effective 1-01-06