Missouri 2024 Regular Session

Missouri Senate Bill SB985 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	SECOND REGULAR SESSION
3	3	SENATE BILL NO. 985
4	4	102ND GENERAL ASSEMBLY
5	5	INTRODUCED BY SENATOR SCHROER.
6	6	3366S.01I KRISTINA MARTIN, Secretary
7	7	AN ACT
8	8	To repeal section 442.404, RSMo, and to enact in lieu thereof one new section relating to binding
9	9	agreements running with land, with existing penalty provisions.
10	10
11	11	Be it enacted by the General Assembly of the State of Missouri, as follows:
12	12	Section A. Section 442.404, RSMo, is repealed and one new 1
13	13	section enacted in lieu thereof, to be known as section 442.404, 2
14	14	to read as follows:3
15	15	442.404. 1. As used in this section, the following 1
16	16	terms shall mean: 2
17	17	(1) "Homeowners' association ", a nonprofit corporation 3
18	18	or unincorporated association of homeowners created under a 4
19	19	declaration to own and operate portions of a planned 5
20	20	community or other residential subdivision that has the 6
21	21	power under the declaration to assess association member s to 7
22	22	pay the costs and expenses incurred in the performance of 8
23	23	the association's obligations under the declaration or 9
24	24	tenants-in-common with respect to the ownership of common 10
25	25	ground or amenities of a planned community or other 11
26	26	residential subdivision . This term shall not include a 12
27	27	condominium unit owners' association as defined and provided 13
28	28	for in subdivision (3) of section 448.1 -103 or a residential 14
29	29	cooperative; 15
30	30	(2) "Political signs", any fixed, ground -mounted 16
31	31	display in support of or in o pposition to a person seeking 17 SB 985 2
32	32	elected office or a ballot measure excluding any materials 18
33	33	that may be attached; 19
34	34	(3) "Solar panel or solar collector", a device used to 20
35	35	collect and convert solar energy into electricity or thermal 21
36	36	energy, including but not limited to photovoltaic cells or 22
37	37	panels, or solar thermal systems. 23
38	38	2. (1) No deed restrictions, covenants, or similar 24
39	39	binding agreements running with the land shall prohibit or 25
40	40	have the effect of prohibiting the display of political 26
41	41	signs. 27
42	42	(2) A homeowners' association has the authority to 28
43	43	adopt reasonable rules, subject to any applicable statutes 29
44	44	or ordinances, regarding the time, size, place, number, and 30
45	45	manner of display of political signs. 31
46	46	(3) A homeowners' association m ay remove a political 32
47	47	sign without liability if such sign is placed within the 33
48	48	common ground, threatens the public health or safety, 34
49	49	violates an applicable statute or ordinance, is accompanied 35
50	50	by sound or music, or if any other materials are attached t o 36
51	51	the political sign. Subject to the foregoing, a homeowners' 37
52	52	association shall not remove a political sign from the 38
53	53	property of a homeowner or impose any fine or penalty upon 39
54	54	the homeowner unless it has given such homeowner three days 40
55	55	after providing written notice to the homeowner, which 41
56	56	notice shall specifically identify the rule and the nature 42
57	57	of the violation. 43
58	58	3. (1) No deed restrictions, covenants, or similar 44
59	59	binding agreements running with the land shall limit or 45
60	60	prohibit, or have th e effect of limiting or prohibiting, the 46
61	61	installation of solar panels or solar collectors on the 47
62	62	rooftop of any property or structure. 48 SB 985 3
63	63	(2) A homeowners' association may adopt reasonable 49
64	64	rules, subject to any applicable statutes or ordinances, 50
65	65	regarding the placement of solar panels or solar collectors 51
66	66	to the extent that those rules do not prevent the 52
67	67	installation of the device, impair the functioning of the 53
68	68	device, restrict the use of the device, or adversely affect 54
69	69	the cost or efficiency of t he device. 55
70	70	(3) The provisions of this subsection shall apply only 56
71	71	with regard to rooftops that are owned, controlled, and 57
72	72	maintained by the owner of the individual property or 58
73	73	structure. 59
74	74	4. (1) No deed restrictions, covenants, or similar 60
75	75	binding agreements running with the land shall prohibit or 61
76	76	have the effect of prohibiting the display of sale signs on 62
77	77	the property of a homeowner or property owner including, but 63
78	78	not limited to, any yard on the property, or nearby street 64
79	79	corners. 65
80	80	(2) A homeowners' association has the authority to 66
81	81	adopt reasonable rules, subject to any applicable statutes 67
82	82	or ordinances, regarding the time, size, place, number, and 68
83	83	manner of display of sale signs. 69
84	84	(3) A homeowners' association may remove a sale sign 70
85	85	without liability if such sign is placed within the common 71
86	86	ground, threatens the public health or safety, violates an 72
87	87	applicable statute or ordinance, is accompanied by sound or 73
88	88	music, or if any other materials are attached to the sale 74
89	89	sign. Subject to the foregoing, a homeowners' association 75
90	90	shall not remove a sale sign from the property of a 76
91	91	homeowner or property owner or impose any fine or penalty 77
92	92	upon the homeowner or property owner unless it has given 78
93	93	such homeowner or property owne r three business days after 79
94	94	the homeowner or property owner receives written notice from 80 SB 985 4
95	95	the homeowners' association, which notice shall specifically 81
96	96	identify the rule and the nature of the alleged violation. 82
97	97	5. (1) No deed restrictions, covenant s, or similar 83
98	98	binding agreements running with the land shall prohibit or 84
99	99	have the effect of prohibiting ownership or pasturing of up 85
100	100	to six chickens on a lot that is two tenths of an acre or 86
101	101	larger, including prohibitions against a single chicken coop 87
102	102	designed to accommodate up to six chickens. 88
103	103	(2) A homeowners' association may adopt reasonable 89
104	104	rules, subject to applicable statutes or ordinances, 90
105	105	regarding ownership or pasturing of chickens, including a 91
106	106	prohibition or restriction on ownership or pasturing of 92
107	107	roosters. 93
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