Section 448.005 – Title of law.
Effective – 28 Aug 1983 448.005. Title of law. — Sections 448.005 to 448.210 shall be known and may be cited as the “Condominium Property Act”. ——– (L. 1983 H.B. 177)
Section 448.010 – Definitions.
Effective – 28 Aug 1983 448.010. Definitions. — As used in sections 448.005 to 448.210, unless the context otherwise requires, the following terms mean: (1) “Common elements”, all portions of the property except the units; (2) “Declaration”, the instrument and amendments thereto by which the property is submitted to the provisions of sections 448.005 to […]
Section 448.020 – Property submitted to condominium law by declaration.
Effective – 28 Aug 1983 448.020. Property submitted to condominium law by declaration. — Whenever the owners in fee simple of a parcel intend to submit such property to the provisions of sections 448.005 to 448.210, they shall do so by recording a declaration, duly executed and acknowledged, expressly stating such intent and setting forth […]
Section 448.030 – Declaration, contents — amendments.
Effective – 28 Aug 1983 448.030. Declaration, contents — amendments. — 1. The declaration shall set forth the following particulars: (1) The legal description of the parcel or parcels; (2) The legal description of each unit, which may consist of the identifying number or symbol of the unit as shown on the plat; (3) The […]
Section 448.040 – Declaration and plat to be recorded — plat, contents — amendment may be recorded, when.
Effective – 28 Aug 1969 448.040. Declaration and plat to be recorded — plat, contents — amendment may be recorded, when. — Simultaneously with the recording of the declaration there shall be recorded a plat as defined in section 448.010, which plat shall be made by a registered Missouri land surveyor and shall set forth […]
Section 448.050 – Units can be conveyed — common elements, owned, how — units not to be separated or subdivided.
Effective – 28 Aug 1983 448.050. Units can be conveyed — common elements, owned, how — units not to be separated or subdivided. — 1. Upon compliance with sections 448.020, 448.030 and 448.040, and upon recording of the declaration and plat, the property shall become subject to the provisions of sections 448.005 to 448.210, and […]
Section 448.060 – Instrument affecting unit affects ownership of common elements.
Effective – 28 Aug 1963 448.060. Instrument affecting unit affects ownership of common elements. — Every deed, lease, mortgage or other instrument may legally describe a unit by its identifying number or symbol as shown on the plat and as set forth in the declaration, and every such description shall be deemed good and sufficient […]
Section 448.070 – Common elements to remain undivided — exceptions.
Effective – 28 Aug 1983 448.070. Common elements to remain undivided — exceptions. — As long as the property is subject to the provisions of sections 448.005 to 448.210 the common elements shall, except as provided in section 448.140, remain undivided, and no unit owner shall bring any action for partition or division of the […]
Section 448.080 – Common element costs to be paid by unit owners — unpaid amount to constitute lien — foreclosure.
Effective – 28 Aug 1983 448.080. Common element costs to be paid by unit owners — unpaid amount to constitute lien — foreclosure. — 1. Every unit owner shall pay his proportionate share of the expenses of administration, maintenance and repair of the common elements and of any other expense lawfully agreed upon. Such proportionate […]
Section 448.090 – Liens, against what — consent, how given.
Effective – 28 Aug 1963 448.090. Liens, against what — consent, how given. — 1. In the event any lien exists against two or more units and the indebtedness secured by such lien is due and payable, the unit owner of any unit so affected may remove the unit and the undivided interest in the […]
Section 448.100 – Taxes, assessed and levied against units.
Effective – 28 Aug 1963 448.100. Taxes, assessed and levied against units. — Real property taxes, special assessments, and any other special taxes or charges of the state of Missouri or of any political subdivision thereof, or other lawful taxing or assessing body, which are authorized by law to be assessed against and levied upon […]
Section 448.110 – Interest acquired by tax deed, subject to what.
Effective – 28 Aug 1983 448.110. Interest acquired by tax deed, subject to what. — In the event any person acquires or is entitled to the issuance of a tax deed conveying the interest of any unit owner, the interest so acquired shall be subject to all the provisions of sections 448.005 to 448.210 and […]
Section 448.120 – Insurance, how obtained — named insured — who adjusts — loss payable clause, form of — premiums, how paid.
Effective – 28 Aug 1969 448.120. Insurance, how obtained — named insured — who adjusts — loss payable clause, form of — premiums, how paid. — The manager or the board of managers shall obtain insurance for the property against loss or damage by fire and such other hazards as are covered under standard extended […]
Section 448.130 – Insurance proceeds used for reconstruction — reconstruction defined.
Effective – 28 Aug 1963 448.130. Insurance proceeds used for reconstruction — reconstruction defined. — In case of fire or any other disaster the insurance proceeds, if sufficient to reconstruct the building, shall be applied to such reconstruction. “Reconstruction of the building”, as used in this and section 448.140, means restoring the building to substantially […]
Section 448.140 – Insurance proceeds insufficient to reconstruct, effect.
Effective – 28 Aug 1963 448.140. Insurance proceeds insufficient to reconstruct, effect. — In case of fire or other disaster, if the insurance proceeds are insufficient to reconstruct the building and the unit owners and all other parties in interest do not voluntarily make provision for reconstruction of the building within one hundred and eighty […]
Section 448.150 – Sale of property, authorized, how — dissenting owner entitled to interest, value of interest defined.
Effective – 28 Aug 1983 448.150. Sale of property, authorized, how — dissenting owner entitled to interest, value of interest defined. — Unless a greater percentage is provided for in the declaration or bylaws, and notwithstanding the provisions of sections 448.130 and 448.140, a majority of the unit owners where the property contains two units, […]
Section 448.160 – Property removed from condominium law, how, effects.
Effective – 28 Aug 1983 448.160. Property removed from condominium law, how, effects. — All of the unit owners may remove the property from the provisions of sections 448.005 to 448.210 by an instrument to that effect, duly recorded if the holders of all liens affecting any of the units consent thereto or agree, in […]
Section 448.170 – Bylaws, amendments.
Effective – 28 Aug 1963 448.170. Bylaws, amendments. — The administration of every property shall be governed by bylaws, which may either be embodied in the declaration or in a separate instrument, a true copy of which shall be appended to and recorded with the declaration. No modification or amendment of the declaration or bylaws […]
Section 448.180 – Bylaws, contents.
Effective – 28 Aug 1963 448.180. Bylaws, contents. — The bylaws shall provide for at least the following: (1) The election from among the unit owners of a board of managers, the number of persons constituting such board, and that the terms of at least one-third of the members of the board shall expire annually; […]
Section 448.190 – Managers may act for owners — actions — service of process — managers proper parties, when, duties.
Effective – 28 Aug 1983 448.190. Managers may act for owners — actions — service of process — managers proper parties, when, duties. — 1. Whenever in sections 448.005 to 448.210, or in any declaration or bylaw executed in accordance with sections 448.005 to 448.210, the board of managers or the members thereof are authorized […]