SECOND REGULAR SESSION
SENATE BILL NO. 985
102ND GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
3366S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 442.404, RSMo, and to enact in lieu thereof one new section relating to binding
agreements running with land, with existing penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 442.404, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 442.404, 2
to read as follows:3
442.404. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Homeowners' association ", a nonprofit corporation 3
or unincorporated association of homeowners created under a 4
declaration to own and operate portions of a planned 5
community or other residential subdivision that has the 6
power under the declaration to assess association member s to 7
pay the costs and expenses incurred in the performance of 8
the association's obligations under the declaration or 9
tenants-in-common with respect to the ownership of common 10
ground or amenities of a planned community or other 11
residential subdivision . This term shall not include a 12
condominium unit owners' association as defined and provided 13
for in subdivision (3) of section 448.1 -103 or a residential 14
cooperative; 15
(2) "Political signs", any fixed, ground -mounted 16
display in support of or in o pposition to a person seeking 17 SB 985 2
elected office or a ballot measure excluding any materials 18
that may be attached; 19
(3) "Solar panel or solar collector", a device used to 20
collect and convert solar energy into electricity or thermal 21
energy, including but not limited to photovoltaic cells or 22
panels, or solar thermal systems. 23
2. (1) No deed restrictions, covenants, or similar 24
binding agreements running with the land shall prohibit or 25
have the effect of prohibiting the display of political 26
signs. 27
(2) A homeowners' association has the authority to 28
adopt reasonable rules, subject to any applicable statutes 29
or ordinances, regarding the time, size, place, number, and 30
manner of display of political signs. 31
(3) A homeowners' association m ay remove a political 32
sign without liability if such sign is placed within the 33
common ground, threatens the public health or safety, 34
violates an applicable statute or ordinance, is accompanied 35
by sound or music, or if any other materials are attached t o 36
the political sign. Subject to the foregoing, a homeowners' 37
association shall not remove a political sign from the 38
property of a homeowner or impose any fine or penalty upon 39
the homeowner unless it has given such homeowner three days 40
after providing written notice to the homeowner, which 41
notice shall specifically identify the rule and the nature 42
of the violation. 43
3. (1) No deed restrictions, covenants, or similar 44
binding agreements running with the land shall limit or 45
prohibit, or have th e effect of limiting or prohibiting, the 46
installation of solar panels or solar collectors on the 47
rooftop of any property or structure. 48 SB 985 3
(2) A homeowners' association may adopt reasonable 49
rules, subject to any applicable statutes or ordinances, 50
regarding the placement of solar panels or solar collectors 51
to the extent that those rules do not prevent the 52
installation of the device, impair the functioning of the 53
device, restrict the use of the device, or adversely affect 54
the cost or efficiency of t he device. 55
(3) The provisions of this subsection shall apply only 56
with regard to rooftops that are owned, controlled, and 57
maintained by the owner of the individual property or 58
structure. 59
4. (1) No deed restrictions, covenants, or similar 60
binding agreements running with the land shall prohibit or 61
have the effect of prohibiting the display of sale signs on 62
the property of a homeowner or property owner including, but 63
not limited to, any yard on the property, or nearby street 64
corners. 65
(2) A homeowners' association has the authority to 66
adopt reasonable rules, subject to any applicable statutes 67
or ordinances, regarding the time, size, place, number, and 68
manner of display of sale signs. 69
(3) A homeowners' association may remove a sale sign 70
without liability if such sign is placed within the common 71
ground, threatens the public health or safety, violates an 72
applicable statute or ordinance, is accompanied by sound or 73
music, or if any other materials are attached to the sale 74
sign. Subject to the foregoing, a homeowners' association 75
shall not remove a sale sign from the property of a 76
homeowner or property owner or impose any fine or penalty 77
upon the homeowner or property owner unless it has given 78
such homeowner or property owne r three business days after 79
the homeowner or property owner receives written notice from 80 SB 985 4
the homeowners' association, which notice shall specifically 81
identify the rule and the nature of the alleged violation. 82
5. (1) No deed restrictions, covenant s, or similar 83
binding agreements running with the land shall prohibit or 84
have the effect of prohibiting ownership or pasturing of up 85
to six chickens on a lot that is two tenths of an acre or 86
larger, including prohibitions against a single chicken coop 87
designed to accommodate up to six chickens. 88
(2) A homeowners' association may adopt reasonable 89
rules, subject to applicable statutes or ordinances, 90
regarding ownership or pasturing of chickens, including a 91
prohibition or restriction on ownership or pasturing of 92
roosters. 93