reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.120 - Insurance, how obtained — named insured — who adjusts — loss payable clause, form of — premiums, how paid.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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 coverage provisions for the full insurable replacement cost of the common elements and the units. The insurance coverage shall be written in the name of, and the proceeds thereof shall be payable to, the manager or the board of managers, as trustee for each of the unit owners in the percentages established in the declaration or amended declaration, if any. The policy of insurance may contain a loss payable clause containing the words, "To the holder or holders of mortgages or deeds of trust of record, if any, as their interests may appear" without specifically naming the holder or holders in the clause, in which event the proceeds shall thereupon be payable jointly to the manager or the board of managers and the holder or holders of mortgages or deeds of trust of record, as trustees for each of the unit owners in the percentages established in the declaration or any amended declaration. The trustees shall have full power to adjust all insurance losses by suit or otherwise and payment accepted by the trustees hereunder shall constitute a discharge to the insurer. Premiums for the insurance shall be common expenses.
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(L. 1963 p. 648 § 12, A.L. 1969 H.B. 767)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.130 - Insurance proceeds used for reconstruction — reconstruction defined.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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 the same condition in which it existed prior to the fire or other disaster, with each unit and the common elements having the same vertical and horizontal boundaries as before.
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(L. 1963 p. 648 § 13)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.140 - Insurance proceeds insufficient to reconstruct, effect.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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 days from the date of damage or destruction, the board of managers may record a notice setting forth such facts and upon the recording of such notice:
(1) The property shall be deemed to be owned in common by the unit owners;
(2) The undivided interest in the property owned in common which shall appertain to each unit owner shall be the percentage of undivided interest previously owned by such owner in the common elements;
(3) Any liens affecting any of the units shall be deemed to be transferred in accordance with the existing priorities to the undivided interest of the unit owner in the property as provided herein; and
(4) The property shall be subject to an action for partition at the suit of any unit owner, in which event the net proceeds of sale, together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the unit owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the unit owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each unit owner.
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(L. 1963 p. 648 § 14)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.150 - Sale of property, authorized, how — dissenting owner entitled to interest, value of interest defined.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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, or not less than sixty-six and two-thirds percent where the property contains three units, and not less than seventy-five percent where the property contains four or more units may, by affirmative vote at a meeting of unit owners duly called for such purpose, elect to sell the property. Such action shall be binding upon all unit owners, and it shall thereupon become the duty of every unit owner to execute and deliver such instruments and to perform all acts as in manner and form may be necessary to effect the sale. Any unit owner who did not vote in favor of such action and who has filed written objection thereto with the manager or board of managers within twenty days after the date of the meeting at which such sale was approved shall be entitled to receive from the proceeds of such sale an amount equivalent to the value of his interest, less the amount of any unpaid assessments or charges due and owing from such unit owner. The
"value of such interest"
, for the purposes of sections 448.005 to 448.210, shall be that percentage of the total value of the property determined by fair appraisal which represents the ownership percentage of the common elements allocated to the unit owned by such objecting owner.
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(L. 1963 p. 648 § 15, A.L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.160 - Property removed from condominium law, how, effects.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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 either case by instruments duly recorded, that their liens be transferred to the undivided interest of the unit owner. Upon such removal the property shall be deemed to be owned in common by all the owners. The undivided interest in the property owned in common which shall appertain to each owner shall be the percentage of undivided interest previously owned by such owner in the common elements.
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(L. 1963 p. 648 § 16, A.L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.170 - Bylaws, amendments.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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 shall be valid unless the same is set forth in an amendment thereof and such amendment is duly recorded.
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(L. 1963 p. 648 § 17)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.180 - Bylaws, contents.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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; the powers and duties of the board; the compensation, if any, of the members of the board; the method of removal from office of members of the board; and whether or not the board may engage the services of a manager or managing agent;
(2) Method of calling meetings of the unit owners; what percentage of the unit owners, if other than a majority, shall constitute a quorum;
(3) Election of a president from among the board of managers, who shall preside over the meetings of the board of managers and of the unit owners;
(4) Election of a secretary, who shall keep the minutes of all meetings of the board of managers and of the unit owners and who shall, in general, perform all the duties incident to the office of secretary;
(5) Election of a treasurer, who shall keep the financial records and books of account;
(6) Maintenance, repair and replacement of the common elements and payments therefor, including the method of approving payment vouchers;
(7) Method of estimating the amount of the annual budget, and the manner of assessing and collecting from the unit owners their respective shares of such estimated expenses, and of any other expenses lawfully agreed upon;
(8) That upon ten days' notice to the manager or board of managers and payment of a reasonable fee, any unit owner shall be furnished a statement of his account setting forth the amount of any unpaid assessments or other charges due and owing from such owner;
(9) Designation and removal of personnel necessary for the maintenance, repair and replacement of the common elements;
(10) Such restrictions on and requirements respecting the use and maintenance of the units and the use of the common elements, not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective units and of the common elements by the several unit owners;
(11) Method of adopting and of amending administrative rules and regulations governing the operation and use of the common elements;
(12) The percentage of votes required to modify or amend the bylaws, but each one of the particulars set forth in this section shall always be embodied in the bylaws.
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(L. 1963 p. 648 § 18)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.190 - Managers may act for owners — actions — service of process — managers proper parties, when, duties.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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 or directed to acquire, hold, lease, mortgage or convey any part of or interest in the property, or to acquire any lien thereon, or to acquire or receive the proceeds of any policy of insurance or other moneys, goods or chattels, with respect to the property, such actions shall be carried out in the names of the members of the board of managers and their successors in office from time to time, as trustees, on behalf of some or all of the unit owners, as the case may be. Without limiting the rights of any unit owner, actions may be brought in the names of the members of the board of managers on behalf of two or more of the unit owners, as their respective interests may appear, with respect to any cause of action relating to the common elements or more than one unit. Service of process on two or more unit owners in any action relating to the common elements or more than one unit may be made on any member of the board of managers in the manner provided by the statute.
2. Without limiting the rights of any unit owner, the board of managers shall be considered a proper party, both to sue and be sued, in any cause of action relating to the condominium. The board of managers shall annually record with the recorder of deeds of each county in which any portion of the condominium is located a statement containing the name and address of each member of the board of managers. All information contained in such statement shall be available to the general public.
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(L. 1963 p. 648 § 18A, A.L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.195 - Condemnation proceedings, board of managers to represent all unit owners.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1969
448.195. Condemnation proceedings, board of managers to represent all unit owners. —
Whenever the state, a political subdivision, or any other corporation, agency, or authority having the power of eminent domain shall seek to acquire any of the common elements of condominium property, such authority may conduct negotiations with the board of managers as representatives of all unit owners, and the said board of managers may execute and deliver the appropriate conveyance on behalf of all owners in return for the agreed consideration. Said board of managers shall allocate such consideration, whether received through negotiation or condemnation, to the common elements or to unit owners in proportion to their respective interests. In the event negotiations shall fail, the condemning authority may join the board of managers as party defendants in lieu of naming all unit owners having an interest in the common elements, and such proceedings shall bind all unit owners; however, any unit owner having an interest in the common elements may be made a party defendant in such proceedings.
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(L. 1969 H.B. 372)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.200 - Managers to keep records, open to owners.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1963
448.200. Managers to keep records, open to owners. —
The manager or board of managers, as the case may be, shall keep detailed, accurate records in chronological order of the receipts and expenditures affecting the common elements, specifying and itemizing the maintenance and repair expenses of the common elements and any other expenses incurred. Such records and the vouchers authorizing the payments shall be available for examination by the unit owners at convenient hours of week days.
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(L. 1963 p. 648 § 19)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.210 - Rule against perpetuities — restraints on alienation.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.210. Rule against perpetuities — restraints on alienation. —
It is expressly provided that the rule of property known as the rule against perpetuities and the rule of property known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat any of the provisions of sections 448.005 to 448.210.
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(L. 1963 p. 648 § 20, A.L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.1-101 - Short title.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.1-101. Short title. —
Sections 448.1-101 to 448.4-120 shall be known and may be cited as the "Uniform Condominium Act".
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.1-102 - Applicability.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.1-102. Applicability. —
1. Sections 448.1-101 to 448.4-120 apply to all condominiums created within this state after September 28, 1983. Sections 448.1-103, 448.1-105, 448.1-106, 448.1-107, 448.2-103, 448.2-104, and subdivisions (1) through (6) and (11) through (16) of subsection 1 of section 448.3-102, and sections 448.3-111, 448.3-115, 448.3-116, 448.4-105, and 448.4-113, to the extent necessary in construing any of those sections, apply to all condominiums created in this state before September 28, 1983; but those sections apply only with respect to events and circumstances occurring after September 28, 1983, and do not invalidate existing provisions of the declaration, bylaws, or plats of those condominiums.
2. The provisions of sections 448.005 to 448.210 do not apply to condominiums created after September 28, 1983, and do not invalidate any amendment to the declaration, bylaws, and plats of any condominium created before September 28, 1983, if the amendment would be permitted by sections 448.1-101 to 448.4-120. The amendment shall be adopted in conformity with the procedures and requirements specified by those instruments and by sections 448.005 to 448.210. If the amendment grants to any person any rights, powers, or privileges permitted by sections 448.1-101 to 448.4-120, all correlative obligations, liabilities, and restrictions in sections 448.1-101 to 448.4-120 also apply to that person.
3. Sections 448.1-101 to 448.4-120 do not apply to condominiums or units located outside this state, but the original sale certificate provisions of sections 448.1-101 to 448.4-120 apply to all contracts for the dispositions thereof signed in this state by any party.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.1-104 - Variation by agreement.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.1-104. Variation by agreement. —
Except as expressly provided in sections 448.1-101 to 448.4-120, no provision of sections 448.1-101 to 448.4-120 may be varied by agreement, and no rights conferred by sections 448.1-101 to 448.4-120 may be waived. No declarant may act under a power of attorney, nor use any other device, to evade the limitations or prohibitions of sections 448.1-101 to 448.4-120 or the declaration.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.1-105 - Separate titles and taxation.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.1-105. Separate titles and taxation. —
1. If there is any unit owner other than a declarant, each unit which has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate.
2. If there is any unit owner other than a declarant, each unit shall be separately taxed and assessed, and no separate tax or assessment may be rendered against any common elements for which a declarant has reserved no development rights.
3. Any portion of the common elements for which the declarant has reserved any development right shall be separately taxed and assessed against the declarant, and the declarant alone is liable for payment of those taxes.
4. If there is no unit owner other than a declarant, the real estate comprising the condominium may be taxed and assessed in any manner provided by law.
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(L. 1983 H.B. 177)
2023 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.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177, A.L. 1993 H.B. 689)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.1-107 - Eminent domain.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.1-108 - Supplemental general principles of law applicable.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.1-109 - Construction against implicit repeal.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.1-110 - Uniformity of application and construction.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.1-111 - Severability.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.1-112 - Unconscionable agreement or term of contract.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.1-113 - Obligation of good faith.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.1-114 - Remedies to be liberally administered.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.2-101 - Creation of condominium.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.2-102 - Unit boundaries.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 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.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.2-104 - Description of units.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.2-105 - Contents of declaration.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.2-106 - Leasehold condominiums.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 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.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.2-108 - Limited common elements.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• 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.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.2-110 - Exercise of development rights.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.2-110. Exercise of development rights. —
1. To exercise any development right reserved under subdivision (1) of section 448.2-105, the declarant shall prepare, execute, and record an amendment to the declaration and comply with section 448.2-109. The declarant is the unit owner of any units thereby created. The amendment to the declaration shall assign an identifying number to each new unit created, and, except in the case of subdivision or conversion of units described in subsection 2 of this section, reallocate the allocated interests among all units. The amendment shall describe any common elements or limited common elements thereby created, and, in the case of limited common elements, designate the unit to which each is allocated to the extent required by section 448.2-108.
2. Development rights may be reserved within any real estate added to the condominium if the amendment adding that real estate includes all matters required by section 448.2-105 or section 448.2-106, as the case may be, and the plats and plans include all matters required by subsection 2 of section 448.2-109. This provision does not extend the time limit on the exercise of development rights imposed by the declaration pursuant to subsection 1 of section 448.2-105.
3. When a declarant exercises a development right to subdivide or convert a unit previously created into additional units, common elements, or both:
(1) If the declarant converts the unit entirely to common elements, the amendment to the declaration shall reallocate all the allocated interests of that unit among the other units as if that unit had been taken by eminent domain.
(2) If the declarant subdivides the unit into two or more units, whether or not any part of the unit is converted into common elements, the amendment to the declaration shall reallocate all the allocated interests of the unit among the units created by the subdivision in any reasonable manner prescribed by the declarant.
4. If the declaration provides, pursuant to subsection 1 of section 448.2-105, that all or a portion of the real estate is subject to the development right of withdrawal:
(1) If all the real estate is subject to withdrawal, and the declaration does not describe separate portions of real estate subject to that right, none of the real estate may be withdrawn after a unit has been conveyed to a purchaser; and
(2) If a portion or portions are subject to withdrawal, no portion may be withdrawn after a unit in that portion has been conveyed to a purchaser.
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(L. 1983 H.B. 177)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.2-111 - Alterations of units.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.2-111. Alterations of units. —
Subject to the provisions of the declaration and other provisions of law, a unit owner:
(1) May make any improvements or alterations to his unit that do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium;
(2) May not change the appearance of the common elements, or the exterior appearance of a unit or any other portion of the condominium, without permission of the association;
(3) After acquiring an adjoining unit or an adjoining part of an adjoining unit, may remove or alter any intervening partition or create apertures therein, even if the partition in whole or in part is a common element, if those acts do not impair the structural integrity or mechanical systems or lessen the support of any portion of the condominium. Removal of partitions or creation of apertures under this subdivision is not an alteration of boundaries.
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(L. 1983 H.B. 177)