Missouri Revised Statutes
Chapter 448 - Condominium Property
Section 448.3-102 - Powers of unit owners' association.

Effective - 28 Aug 1983
448.3-102. Powers of unit owners' association. — 1. Subject to the provisions of the declaration, the association, even if unincorporated, may:
(1) Adopt and amend bylaws and rules and regulations;
(2) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners;
(3) Hire and terminate managing agents and other employees, agents, and independent contractors;
(4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium;
(5) Make contracts and incur liabilities;
(6) Regulate the use, maintenance, repair, replacement, and modification of common elements;
(7) Cause additional improvements to be made as a part of the common elements;
(8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property; provided, that common elements may be conveyed or subjected to a security interest only pursuant to section 448.3-112;
(9) Grant easements, leases, licenses, and concessions through or over the common elements;
(10) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than limited common elements described in subdivisions (2) and (4) of section 448.2-102 and services provided to unit owners;
(11) Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association;
(12) Impose reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates required by section 448.4-109, or statements of unpaid assessments;
(13) Provide for the indemnification of its officers and executive board and maintain directors' and officers' liability insurance;
(14) Assign its rights to future income, including the right to receive common expense assessments, but only to the extent expressly provided in the declaration;
(15) Exercise any other powers conferred by the declaration or bylaws;
(16) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and
(17) Exercise any other powers necessary and proper for the governance and operation of the association.
2. Notwithstanding the provisions of subsection 1 of this section, the declaration may not impose limitations on the power of the association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons.
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(L. 1983 H.B. 177)

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XXIX - Ownership and Conveyance of Property

Chapter 448 - Condominium Property

Section 448.005 - Title of law.

Section 448.010 - Definitions.

Section 448.020 - Property submitted to condominium law by declaration.

Section 448.030 - Declaration, contents — amendments.

Section 448.040 - Declaration and plat to be recorded — plat, contents — amendment may be recorded, when.

Section 448.050 - Units can be conveyed — common elements, owned, how — units not to be separated or subdivided.

Section 448.060 - Instrument affecting unit affects ownership of common elements.

Section 448.070 - Common elements to remain undivided — exceptions.

Section 448.080 - Common element costs to be paid by unit owners — unpaid amount to constitute lien — foreclosure.

Section 448.090 - Liens, against what — consent, how given.

Section 448.100 - Taxes, assessed and levied against units.

Section 448.110 - Interest acquired by tax deed, subject to what.

Section 448.120 - Insurance, how obtained — named insured — who adjusts — loss payable clause, form of — premiums, how paid.

Section 448.130 - Insurance proceeds used for reconstruction — reconstruction defined.

Section 448.140 - Insurance proceeds insufficient to reconstruct, effect.

Section 448.150 - Sale of property, authorized, how — dissenting owner entitled to interest, value of interest defined.

Section 448.160 - Property removed from condominium law, how, effects.

Section 448.170 - Bylaws, amendments.

Section 448.180 - Bylaws, contents.

Section 448.190 - Managers may act for owners — actions — service of process — managers proper parties, when, duties.

Section 448.195 - Condemnation proceedings, board of managers to represent all unit owners.

Section 448.200 - Managers to keep records, open to owners.

Section 448.210 - Rule against perpetuities — restraints on alienation.

Section 448.1-101 - Short title.

Section 448.1-102 - Applicability.

Section 448.1-103 - Definitions.

Section 448.1-104 - Variation by agreement.

Section 448.1-105 - Separate titles and taxation.

Section 448.1-106 - Applicability of local ordinances, regulations, and building codes.

Section 448.1-107 - Eminent domain.

Section 448.1-108 - Supplemental general principles of law applicable.

Section 448.1-109 - Construction against implicit repeal.

Section 448.1-110 - Uniformity of application and construction.

Section 448.1-111 - Severability.

Section 448.1-112 - Unconscionable agreement or term of contract.

Section 448.1-113 - Obligation of good faith.

Section 448.1-114 - Remedies to be liberally administered.

Section 448.2-101 - Creation of condominium.

Section 448.2-102 - Unit boundaries.

Section 448.2-103 - Construction and validity of declaration and bylaws.

Section 448.2-104 - Description of units.

Section 448.2-105 - Contents of declaration.

Section 448.2-106 - Leasehold condominiums.

Section 448.2-107 - Allocation of common element interests, votes, and common expense liabilities.

Section 448.2-108 - Limited common elements.

Section 448.2-109 - Plats and plans.

Section 448.2-110 - Exercise of development rights.

Section 448.2-111 - Alterations of units.

Section 448.2-112 - Relocation of boundaries between adjoining units.

Section 448.2-113 - Subdivision of units.

Section 448.2-114 - Monuments as boundaries.

Section 448.2-115 - Use for sale purposes.

Section 448.2-116 - Easement rights.

Section 448.2-117 - Amendment of declaration.

Section 448.2-118 - Termination of a condominium.

Section 448.2-119 - Rights of secured lenders.

Section 448.2-120 - Master associations.

Section 448.2-121 - Merger or consolidation of condominiums.

Section 448.3-101 - Organization of unit owners' association.

Section 448.3-102 - Powers of unit owners' association.

Section 448.3-103 - Executive board members and officers.

Section 448.3-104 - Transfer of special declarant rights.

Section 448.3-105 - Termination of contracts and leases of declarant.

Section 448.3-106 - Bylaws.

Section 448.3-107 - Upkeep of condominium.

Section 448.3-108 - Meetings.

Section 448.3-109 - Quorums.

Section 448.3-110 - Voting — proxies.

Section 448.3-111 - Tort and contract liability.

Section 448.3-112 - Conveyance or encumbrance of common elements.

Section 448.3-113 - Insurance.

Section 448.3-114 - Surplus funds.

Section 448.3-115 - Assessments for common expenses.

Section 448.3-116 - Lien for assessments.

Section 448.3-117 - Other liens affecting the condominium.

Section 448.3-118 - Association records.

Section 448.3-119 - Association as trustee.

Section 448.4-101 - Applicability — waiver.

Section 448.4-102 - Liability for public offering statement requirements.

Section 448.4-103 - Original sale certificate, general provisions.

Section 448.4-104 - Original sale certificate, condominiums subject to development rights.

Section 448.4-105 - Original sale certificate, time-shares.

Section 448.4-106 - Original sale certificate, condominiums containing conversion buildings.

Section 448.4-107 - Original sale certificate, condominium securities.

Section 448.4-108 - Purchaser's right to cancel.

Section 448.4-109 - Resales of units.

Section 448.4-110 - Escrow of deposits.

Section 448.4-111 - Release of liens.

Section 448.4-112 - Conversion buildings — low or moderate income elderly tenants and disabled tenants, rights of.

Section 448.4-113 - Express warranties of quality.

Section 448.4-114 - Implied warranties of quality.

Section 448.4-115 - Exclusion or modification of implied warranties of quality.

Section 448.4-116 - Statute of limitations for warranties.

Section 448.4-117 - Effect of violations on rights of action — attorney's fees.

Section 448.4-118 - Labeling of promotional material.

Section 448.4-119 - Declarant's obligation to complete and restore.

Section 448.4-120 - Substantial completion of units.