reglab/housing_qa huggingface dataset:
MO Rev Stat § 448.1-106 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.1-106 - Applicability of local ordinances, regulations, and building codes.

Effective - 28 Aug 1993   448.1-106. Applicability of local ordinances, regulations, and building codes. — 1. Except as provided in subsection 2 of this section, no zoning, subdivision, building code, or other real estate use law, ordinance, or regulation may prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development under a different form of ownership. Otherwise, no provision of sections 448.1-101 to 448.4-120 invalidates or modifies any provision of any zoning, subdivision, building code, or other real estate use law, ordinance, or regulation.  2. Subsection 1 of this section shall not apply to any ordinance, rule, regulation, charter provision, or contract provision relating to the financing of housing construction, rehabilitation, or purchases provided by or through a housing finance program established and operated pursuant to state or federal law by a state or local agency or local unit of government or to any ordinance which has as its purpose the application or enforcement of minimum housing standards.  3. For purposes of providing marketable title, a statement in the declaration showing that the condominium is not subject to an ordinance or showing that any conditions required under an ordinance have been complied with shall be prima facie evidence that the condominium was not created in violation of such ordinance.  4. A violation of an ordinance adopted pursuant to the provisions of subsection 2 of this section shall not affect the validity of a condominium. This subsection shall not be construed to in any way limit the power of a county or municipality to enforce the provisions of an ordinance adopted pursuant to subsection 2 of this section. ­­-------- (L. 1983 H.B. 177, A.L. 1993 H.B. 689)
MO Rev Stat § 448.1-107 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.1-107 - Eminent domain.

Effective - 28 Aug 1983   448.1-107. Eminent domain. — 1. If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award shall compensate the unit owner for his unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, that unit's allocated interests are automatically reallocated to the remaining units in proportion to the respective allocated interests of those units before the taking, and the association shall promptly prepare, execute, and record an amendment to the declaration reflecting the reallocations. Any remnant of a unit remaining after part of a unit is taken under this subsection is thereafter a common element.  2. Except as provided in subsection 1 of this section, if part of a unit is acquired by eminent domain, the award shall compensate the unit owner for the reduction in value of the unit and its interest in the common elements, whether or not any common elements are acquired. Upon acquisition, unless the decree otherwise provides, (1) that unit's allocated interests are reduced in proportion to the reduction in the size of the unit, or on any other basis specified in the declaration, and (2) the portion of the allocated interests divested from the partially acquired unit are automatically reallocated to that unit and the remaining units in proportion to the respective allocated interests of those units before the taking, with the partially acquired unit participating in the reallocation on the basis of its reduced allocated interests.  3. If part of the common elements is acquired by eminent domain, the portion of the award attributable to the common elements taken shall be paid to the association. Unless the declaration provides otherwise, any portion of the award attributable to the acquisition of a limited common element shall be equally divided among the owners of the units to which that limited common element was allocated at the time of acquisition.  4. The court decree shall be recorded in every county in which any portion of the condominium is located. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.1-108 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.1-108 - Supplemental general principles of law applicable.

Effective - 28 Aug 1983   448.1-108. Supplemental general principles of law applicable. — The principles of law and equity, including the law of corporations and unincorporated associations, the law of real property and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of sections 448.1-101 to 448.4-120, except to the extent inconsistent with sections 448.1-101 to 448.4-120. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.1-109 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.1-109 - Construction against implicit repeal.

Effective - 28 Aug 1983   448.1-109. Construction against implicit repeal. — Sections 448.1-101 to 448.4-120 being a general act intended as a unified coverage of its subject matter, no provisions shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.1-110 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.1-110 - Uniformity of application and construction.

Effective - 28 Aug 1983   448.1-110. Uniformity of application and construction. — Sections 448.1-101 to 448.4-120 shall be applied and construed so as to effectuate their general purpose to make uniform the law with respect to the subject of sections 448.1-101 to 448.4-120 among states enacting it. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.1-111 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.1-111 - Severability.

Effective - 28 Aug 1983   448.1-111. Severability. — If any provision of sections 448.1-101 to 448.4-120 or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of sections 448.1-101 to 448.4-120 which can be given effect without the invalid provisions or application, and to this end the provisions of sections 448.1-101 to 448.4-120 are severable. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.1-112 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.1-112 - Unconscionable agreement or term of contract.

Effective - 28 Aug 1983   448.1-112. Unconscionable agreement or term of contract. — 1. The court, upon finding as a matter of law that a contract or contract clause was unconscionable at the time the contract was made, may refuse to enforce the contract, enforce the remainder of the contract without the unconscionable clause, or limit the application of any unconscionable clause in order to avoid an unconscionable result.  2. Whenever it is claimed, or appears to the court, that a contract or any contract clause is or may be unconscionable, the parties, in order to aid the court in making the determination, shall be afforded a reasonable opportunity to present evidence as to:  (1) The commercial setting of the negotiations;  (2) Whether a party has knowingly taken advantage of the inability of the other party to reasonably protect his interests by reason of physical or mental infirmity, illiteracy, or inability to understand the language of the agreement or similar factors;  (3) The effect and purpose of the contract or clause; and  (4) If a sale, any gross disparity, at the time of contracting, between the amount charged for the real estate and the value of the real estate measured by the price at which similar real estate was readily obtainable in similar transactions, but a disparity between the contract price and the value of the real estate measured by the price at which similar real estate was readily obtainable in similar transactions does not, of itself, render the contract unconscionable. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.1-113 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.1-113 - Obligation of good faith.

Effective - 28 Aug 1983   448.1-113. Obligation of good faith. — Every contract or duty governed by sections 448.1-101 to 448.4-120 imposes an obligation of good faith in its performance or enforcement. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.1-114 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.1-114 - Remedies to be liberally administered.

Effective - 28 Aug 1983   448.1-114. Remedies to be liberally administered. — 1. The remedies provided by sections 448.1-101 to 448.4-120 shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed. However, consequential, special, or punitive damages may not be awarded except as specifically provided in sections 448.1-101 to 448.4-120 or by other rule of law.  2. Any right or obligation declared by sections 448.1-101 to 448.4-120 is enforceable by judicial proceeding. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.2-101 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.2-101 - Creation of condominium.

Effective - 28 Aug 1983   448.2-101. Creation of condominium. — 1. A condominium shall be created pursuant to sections 448.1-101 to 448.4-120 only by recording a declaration executed in the same manner as a deed. The declaration shall be recorded in every county in which any portion of the condominium is located, and shall be indexed in the name of the condominium and each person executing the declaration.  2. No declaration or amendment to a declaration adding units to a condominium shall be recorded unless all structural components and mechanical systems of all buildings containing or comprising any units thereby created are substantially completed in accordance with the plans, as evidenced by a recorded certificate of completion executed by a registered and licensed engineer or architect. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.2-102 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.2-102 - Unit boundaries.

Effective - 28 Aug 1983   448.2-102. Unit boundaries. — Except as provided by the declaration:  (1) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the unit, and all other portions of the walls, floors, or ceilings are a part of the common elements;  (2) If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside the designated boundaries of a unit, any portion thereof serving only that unit is a limited common element allocated solely to that unit, and any portion thereof serving more than one unit or any portion of the common elements is a part of the common elements;  (3) Subject to the provisions of subdivision (2) of this section, all spaces, interior partitions, and other fixtures and improvements within the boundaries of a unit are a part of the unit;  (4) Any shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, and all exterior doors and windows or other fixtures designed to serve a single unit, but located outside the unit's boundaries, are limited common elements allocated exclusively to that unit. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.2-103 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.2-103 - Construction and validity of declaration and bylaws.

Effective - 28 Aug 1983   448.2-103. Construction and validity of declaration and bylaws. — 1. All provisions of the declaration and bylaws are severable.  2. The rule against perpetuities shall not be applied to defeat any provision of the declaration, bylaws, or rules and regulations adopted pursuant to subdivision (1) of subsection 1 of section 448.3-102.  3. In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent the declaration is inconsistent with sections 448.1-101 to 448.4-120.  4. Title to a unit and common elements is not rendered unmarketable or otherwise affected by reason of an insubstantial failure of the declaration to comply with sections 448.1-101 to 448.4-120. Whether or not a substantial failure impairs marketability shall not be affected by sections 448.1-101 to 448.4-120. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.2-104 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.2-104 - Description of units.

Effective - 28 Aug 1983   448.2-104. Description of units. — A description of a unit which sets forth the name of the condominium, the recording data for the declaration, the county in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of that unit and all rights, obligations, and interests appurtenant to that unit which were created by the declaration or bylaws. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.2-105 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.2-105 - Contents of declaration.

Effective - 28 Aug 1983   448.2-105. Contents of declaration. — 1. The declaration for a condominium shall contain:  (1) The name of the condominium, which shall include the word "condominium" or be followed by the words "a condominium", and the association;  (2) The name of every county in which any part of the condominium is situated;  (3) A legally sufficient description of the real estate included in the condominium;  (4) A statement of the maximum number of units which the declarant reserves the right to create;  (5) A description of the boundaries of each unit created by the declaration, including each unit's identifying number;  (6) A description of any limited common elements, other than those specified in subdivisions (2) and (4) of section 448.2-102, as provided in section 448.2-109;  (7) A description of any real estate, except real estate subject to development rights, which may be allocated subsequently as limited common elements, other than limited common elements specified in subdivisions (2) and (4) of section 448.2-102, together with a statement that they may be so allocated;  (8) A description of any development rights and other special declarant rights reserved by the declarant, together with a legally sufficient description of the real estate to which each of those rights applies, and a time limit within which each of those rights shall be exercised;  (9) If any development right may be exercised with respect to different parcels of real estate at different times, a statement to that effect, together with (a) either a statement fixing the boundaries of those portions and regulating the order in which those portions may be subjected to the exercise of each development right, or a statement that no assurances are made in those regards, and (b) a statement as to whether, if any development right is exercised in any portion of the real estate subject to that development right, that development right shall be exercised in all or in any other portion of the remainder of that real estate;  (10) Any other conditions or limitations under which the rights described in subdivision (8) of this section may be exercised or will lapse;  (11) An allocation to each unit of the allocated interests in the manner described in section 448.2-107;  (12) Any restrictions on use, occupancy, and alienation of the units;  (13) The recording data for recorded easements and licenses appurtenant to or included in the condominium or to which any portion of the condominium is or may become subject by virtue of a reservation in the declaration; and  (14) All matters required by sections 448.2-106, 448.2-107, 448.2-108, 448.2-109, 448.2-115, and 448.2-116 and subsection 4 of section 448.3-103.  2. The declaration may contain any other matters the declarant deems appropriate. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.2-106 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.2-106 - Leasehold condominiums.

Effective - 28 Aug 1983   448.2-106. Leasehold condominiums. — 1. Any lease, the expiration or termination of which may terminate the condominium or reduce its size, shall be recorded. Every lessor of such leases shall sign the declaration, and the declaration shall state:  (1) The recording data for the lease;  (2) The date on which the lease is scheduled to expire;  (3) A legally sufficient description of the real estate subject to the lease;  (4) Any right of the unit owners to redeem the reversion and the manner whereby those rights may be exercised, or a statement that they do not have those rights;  (5) Any right of the unit owners to remove any improvements within a reasonable time after the expiration or termination of the lease, or a statement that they do not have those rights; and  (6) Any rights of the unit owners to renew the lease and the conditions of any renewal, or a statement that they do not have those rights.  2. After the declaration for a leasehold condominium is recorded, neither the lessor nor his successor in interest shall terminate the leasehold interest of a unit owner who makes timely payment of his share of the rent and otherwise complies with all covenants which, if violated, would entitle the lessor to terminate the lease. A unit owner's leasehold interest is not affected by failure of any other person to pay rent or fulfill any other covenant.  3. Acquisition of the leasehold interest of any unit owner by the owner of the reversion or remainder does not merge the leasehold and fee simple interests unless the leasehold interests of all unit owners subject to that reversion or remainder are acquired.  4. If the expiration or termination of a lease decreases the number of units in a condominium, the allocated interests shall be reallocated in accordance with subsection 1 of section 448.1-107 as though those units had been taken by eminent domain. Reallocations shall be confirmed by an amendment to the declaration prepared, executed, and recorded by the association. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.2-107 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.2-107 - Allocation of common element interests, votes, and common expense liabilities.

Effective - 28 Aug 1983   448.2-107. Allocation of common element interests, votes, and common expense liabilities. — 1. The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas used to establish those allocations. Such allocations may not discriminate in favor of units owned by the declarant.  2. If units may be added to or withdrawn from the condominium, the declaration shall state the formulas to be used to reallocate the allocated interests among all units included in the condominium after the addition or withdrawal.  3. The declaration may provide: (1) that different allocations of votes shall be made to the units on particular matters specified in the declaration; (2) for cumulative voting only for the purpose of electing members of the executive board; and (3) for class voting on specified issues affecting the class if necessary to protect valid interests of the class. A declarant may not utilize cumulative or class voting for the purpose of evading any limitation imposed on declarants by sections 448.1-101 to 448.4-120, nor may units constitute a class because they are owned by a declarant.  4. Except for minor variations due to rounding, the sum of the undivided interests in the common elements and common expense liabilities allocated at any time to all the units shall each equal one if stated as fractions or one hundred percent if stated as percentages. In the event of discrepancy between an allocated interest and the result derived from application of the pertinent formulas, the allocated interest prevails.  5. The common elements are not subject to partition, and any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of an undivided interest in the common elements made without the unit to which that interest is allocated, is void. ­­-------- (L. 1983 H.B. 177)
MO Rev Stat § 448.2-108 (2021)
2021 Missouri Revised Statutes|Title XXIX - Ownership and Conveyance of Property|Chapter 448 - Condominium Property|Section 448.2-108 - Limited common elements.

Effective - 28 Aug 1983   448.2-108. Limited common elements. — 1. Except for the limited common elements described in subdivisions (2) and (4) of section 448.2-102, the declaration shall specify to which unit or units each limited common element is allocated. That allocation may not be altered without the consent of the unit owners whose units are affected.  2. Except as the declaration otherwise provides, a limited common element may be reallocated by an amendment to the declaration executed by the unit owners between or among whose units the reallocation is made. The persons executing the amendment shall provide a copy thereof to the association, which shall record such copy. The amendment shall be recorded in the names of the parties and the condominium.  3. No common element not previously allocated as a limited common element may be so allocated except pursuant to provisions in the declaration made in accordance with subdivision (7) of section 448.2-105. The allocations shall be made by amendments to the declaration. ­­-------- (L. 1983 H.B. 177)