Missouri Senate Bill SB400

Missouri 2023 Regular Session

• Introduced: 1/4/23
• Refer: 3/2/23

Caption

Enacts provisions regarding deed restrictions, covenants, or similar agreements running with the land prohibiting ownership or pasturing of chickens

Impact

The enactment of SB400 will substantially alter the regulatory environment of homeowners' associations by limiting their authority to impose restrictions that inhibit property owners from engaging in specific activities such as displaying political signs or installing solar energy systems. This means that while homeowners' associations can still create rules, those regulations cannot prevent property owners from exercising their constitutional rights in these areas. Additionally, it opens the door for more community-centric governance by directly empowering individual homeowners.

Summary

Senate Bill 400 seeks to address and amend existing laws regarding deed restrictions, prohibitions set by homeowners' associations, and other allied covenants concerning property rights within residential communities in Missouri. The bill emphasizes that no deed restrictions or covenants can legally restrict the display of political signs, the installation of solar panels, or the ownership of a limited number of chickens, thereby enhancing individual homeowners' rights against potentially restrictive association rules.

Sentiment

The general sentiment surrounding SB400 has been positive among proponents of individual property rights and freedoms. Advocacy groups and some residents have expressed support, viewing the bill as a necessary step towards ensuring transparency and fairness in the governance of residential communities. However, there is also apprehension from certain homeowners' associations and local governance bodies who argue that the bill undermines their ability to maintain community standards and orderly conduct in neighborhoods.

Contention

Notable points of contention include the balance between homeowners' personal liberties and the regulatory authority of associations. Critics are concerned that while SB400 promotes individual rights, it could lead to conflicts within neighborhoods regarding aesthetic standards and community upkeep, especially concerning issues like the ownership of chickens and the display of political signage. The discussions surrounding this bill have revealed a broader debate about the limits of collective governance in homeowners' associations and the individual freedoms of homeowners.