reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.2-112 - Relocation of boundaries between adjoining units.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.2-112. Relocation of boundaries between adjoining units. —
1. Subject to the provisions of the declaration and other provisions of law, the boundaries between adjoining units may be relocated by an amendment to the declaration upon application to the association by the owners of those units. If the owners of the adjoining units have specified a reallocation between their units of their allocated interests, the application shall state the proposed reallocations. Unless the executive board determines, within thirty days, that the reallocations are unreasonable, the association shall prepare an amendment that identifies the units involved, states the reallocations, is executed by those unit owners, contains words of conveyance between them, and, upon recordation, is indexed in the name of the grantor and the grantee.
2. The association shall cause to be prepared and shall record any plats necessary to show the altered boundaries between adjoining units, and their dimensions and identifying numbers.
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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 448.2-113 - Subdivision of units.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.2-113. Subdivision of units. —
1. If the declaration expressly so permits, a unit may be subdivided into two or more units. Subject to the provisions of the declaration and other provisions of law, upon application of a unit owner to subdivide a unit, the association shall prepare or cause to be prepared, execute, and record an amendment to the declaration, including the plats, subdividing that unit.
2. The amendment to the declaration shall be executed by the owner of the unit to be subdivided, shall assign an identifying number to each unit created, and shall reallocate the allocated interests formerly allocated to the subdivided unit to the new units in any reasonable manner prescribed by the owner of the subdivided 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 448.2-114 - Monuments as boundaries.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.2-114. Monuments as boundaries. —
The existing physical boundaries of a unit or the physical boundaries of a unit reconstructed in substantial accordance with the original plats and plans thereof, become the boundaries of such unit rather than the metes and bounds expressed in the deed or plat or plan, regardless of settling or lateral movement of the building, or minor variance between boundaries shown on the plats or plans or in the deed and those of the building. This section does not relieve a unit owner of liability in case of his willful misconduct, nor relieve a declarant or any other person of liability for failure to adhere to the plats and plans.
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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 448.2-115 - Use for sale purposes.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.2-115. Use for sale purposes. —
A declarant may maintain sales offices, management offices, and models in units or on common elements in the condominium only if the declaration so provides and specifies the rights of a declarant with regard to the number, size, location, and relocation thereof. Any sales office, management office, or model not designated a unit by the declaration is a common element, and if a declarant ceases to be a unit owner, he ceases to have any rights with regard thereto unless it is removed promptly from the condominium in accordance with a right to remove reserved in the declaration. Subject to any limitations in the declaration, a declarant may maintain signs on the common elements advertising the condominium. The provisions of this section are subject to the provisions of other state laws and to local ordinances.
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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 448.2-116 - Easement rights.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.2-116. Easement rights. —
Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under sections 448.1-101 to 448.4-120 or reserved in 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 448.2-117 - Amendment of declaration.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.2-117. Amendment of declaration. —
1. Except in cases of amendments that may be executed by a declarant under subsection 6 of section 448.2-109, or section 448.2-110; the association, under section 448.1-107, subsection 4 of section 448.2-106, subsection 3 of section 448.2-108, or subsection 1 of section 448.2-112, or section 448.2-113; or certain unit owners under subsection 2 of section 448.2-108, subsection 1 of section 448.2-112, subsection 2 of section 448.2-113, or subsection 2 of section 448.2-118, and except as limited by subsection 4 of this section, the declaration, including the plats and plans, may be amended only by vote or agreement of unit owners of units to which at least sixty-seven percent of the votes in the association are allocated, or any larger majority the declaration specifies. The declaration may specify a smaller number only if all of the units are restricted exclusively to nonresidential use.
2. No action to challenge the validity of an amendment adopted by the association pursuant to this section may be brought more than one year after the amendment is recorded.
3. Every amendment to the declaration shall be recorded in every county in which any portion of the condominium is located, and is effective only upon recordation. Every amendment shall be indexed in the name of the condominium, the association, and the parties executing the amendment.
4. Except to the extent expressly permitted or required by other provisions of sections 448.1-101 to 448.4-120, no amendment may create or increase special declarant rights, increase the number of units, or change the boundaries of any unit, the allocated interests of a unit, or the uses to which any unit is restricted, in the absence of unanimous consent of the unit owners.
5. Amendments to the declaration required by sections 448.1-101 to 448.4-120 to be recorded by the association shall be prepared, executed, recorded, and certified on behalf of the association by any officer of the association designated for that purpose or, in the absence of designation, by the president of 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 448.2-119 - Rights of secured lenders.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.2-119. Rights of secured lenders. —
The declaration may require that all or a specified number or percentage of the mortgagees or beneficiaries of deeds of trust encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but no requirement for approval may operate to (1) deny or delegate control over the general administrative affairs of the association by the unit owners or the executive board, or (2) prevent the association or the executive board from commencing, intervening in, or settling any litigation or proceeding, or receiving and distributing any insurance proceeds except pursuant to section 448.3-113.
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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 448.2-120 - Master associations.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.2-120. Master associations. —
1. If the declaration for a condominium provides that any of the powers described in section 448.3-102 are to be exercised by or may be delegated to a profit or not for profit corporation or unincorporated association which exercises those or other powers on behalf of one or more condominiums or for the benefit of the unit owners of one or more condominiums, all provisions of sections 448.1-101 to 448.4-120 applicable to unit owners' associations apply to any such corporation or unincorporated association, except as modified by this section.
2. Unless a master association is acting in the capacity of an association described in section 448.3-101, it may exercise the powers set forth in subdivision (2) of subsection 1 of section 448.3-102 only to the extent expressly permitted in the declarations of condominiums which are part of the master association or expressly described in the delegations of power from such condominiums to the master association.
3. If the declaration of any condominium provides that the executive board may delegate certain powers to a master association, the members of the executive board have no liability for the acts or omissions of the master association with respect to those powers following delegation.
4. The rights and responsibilities of unit owners with respect to the unit owners' association set forth in sections 448.3-103, 448.3-108, 448.3-109, 448.3-110, and 448.3-112 apply in the conduct of the affairs of a master association only to those persons who elect the board of a master association, whether or not such persons are otherwise unit owners within the meaning of sections 448.1-101 to 448.4-120.
5. Notwithstanding the provisions of section 448.3-103 with respect to the election of the executive board of an association, and even if a master association is also an association described in section 448.3-101, the certificate of incorporation or other instrument creating the master association and the declaration of each condominium, the powers of which are assigned by the declaration or delegated to the master association, may provide that the executive board of the master association shall be elected in any of the following ways:
(1) All unit owners of all condominiums subject to the master association may elect all members of that executive board;
(2) All members of the executive boards of all condominiums subject to the master association may elect all members of that executive board;
(3) All unit owners of each condominium subject to the master association may elect specified members of that executive board; or
(4) All members of the executive board of each condominium subject to the master association may elect specified members of that executive board.
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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 448.2-121 - Merger or consolidation of condominiums.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.2-121. Merger or consolidation of condominiums. —
1. Any two or more condominiums may, by agreement of the unit owners as provided in subsection 2 of this section, be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condominium shall be, for all purposes, the legal successor of all of the preexisting condominiums and the operations and activities of all associations of the preexisting condominiums shall be merged or consolidated into a single association which shall hold all powers, rights, obligations, assets, and liabilities of all preexisting associations.
2. An agreement of two or more condominiums to merge or consolidate pursuant to subsection 1 of this section shall be evidenced by an agreement prepared, executed, recorded, and certified by the president of the association of each of the preexisting condominiums following approval by owners of units to which are allocated the percentage of votes in each condominium required to terminate that condominium. Any such agreement shall be recorded in every county in which a portion of the condominium is located, and is not effective until so recorded.
3. Every merger or consolidation agreement shall provide for the reallocation of the allocated interests in the new association among the units of the resultant condominium either (1) by stating such reallocations or the formulas upon which they are based or (2) by stating the percentage of overall allocated interests of the new condominium which are allocated to all of the units comprising each of the preexisting condominiums, and providing that the portion of such percentages allocated to each unit formerly comprising a part of such preexisting condominium shall be equal to the percentages of allocated interests allocated to such unit by the declaration of the preexisting condominium.
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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 448.3-101 - Organization of unit owners' association.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-101. Organization of unit owners' association. —
A unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association at all times shall consist exclusively of all the unit owners or, following termination of the condominium, of all former unit owners entitled to distributions of proceeds under section 448.2-118, or their heirs, successors, or assigns. The association shall be organized as a profit or not for profit corporation or as an unincorporated 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 448.3-102 - Powers of unit owners' association.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-102. Powers of unit owners' association. —
1. Subject to the provisions of the declaration, the association, even if unincorporated, may:
(1) Adopt and amend bylaws and rules and regulations;
(2) Adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners;
(3) Hire and terminate managing agents and other employees, agents, and independent contractors;
(4) Institute, defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium;
(5) Make contracts and incur liabilities;
(6) Regulate the use, maintenance, repair, replacement, and modification of common elements;
(7) Cause additional improvements to be made as a part of the common elements;
(8) Acquire, hold, encumber, and convey in its own name any right, title, or interest to real or personal property; provided, that common elements may be conveyed or subjected to a security interest only pursuant to section 448.3-112;
(9) Grant easements, leases, licenses, and concessions through or over the common elements;
(10) Impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than limited common elements described in subdivisions (2) and (4) of section 448.2-102 and services provided to unit owners;
(11) Impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association;
(12) Impose reasonable charges for the preparation and recordation of amendments to the declaration, resale certificates required by section 448.4-109, or statements of unpaid assessments;
(13) Provide for the indemnification of its officers and executive board and maintain directors' and officers' liability insurance;
(14) Assign its rights to future income, including the right to receive common expense assessments, but only to the extent expressly provided in the declaration;
(15) Exercise any other powers conferred by the declaration or bylaws;
(16) Exercise all other powers that may be exercised in this state by legal entities of the same type as the association; and
(17) Exercise any other powers necessary and proper for the governance and operation of the association.
2. Notwithstanding the provisions of subsection 1 of this section, the declaration may not impose limitations on the power of the association to deal with the declarant that are more restrictive than the limitations imposed on the power of the association to deal with other persons.
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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 448.3-105 - Termination of contracts and leases of declarant.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-105. Termination of contracts and leases of declarant. —
If entered into before the executive board elected by the unit owners pursuant to subsection 6 of section 448.3-103 takes office, (1) any management contract, employment contract, or lease of recreational or parking areas or facilities, (2) any other contract or lease between the association and a declarant or an affiliate of a declarant, or (3) any contract or lease that is not bona fide or was unconscionable to the unit owners at the time entered into under the circumstances then prevailing, may be terminated without penalty by the association at any time after the executive board elected by the unit owners pursuant to subsection 6 of section 448.3-103 takes office upon not less than ninety days' notice to the other party. This subsection does not apply to any lease the termination of which would terminate the condominium or reduce its size, unless the real estate subject to that lease was included in the condominium for the purpose of avoiding the right of the association to terminate a lease under this section.
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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 448.3-106 - Bylaws.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 2001
448.3-106. Bylaws. —
1. The bylaws of the association shall provide for:
(1) The number of members of the executive board and the titles of the officers of the association;
(2) Election by the executive board of a president, treasurer, secretary, and any other officers of the association the bylaws specify;
(3) The qualifications, powers and duties, terms of office, and manner of electing and removing executive board members and officers and filling vacancies;
(4) Which, if any, of its powers the executive board or officers may delegate to other persons or to a managing agent;
(5) Which of its officers may prepare, execute, certify, and record amendments to the declaration on behalf of the association; and
(6) The method of amending the bylaws subject to the following:
(a) Unless the declarant otherwise agrees in writing to permit an amendment to the bylaws in accordance with paragraph (b) of this subdivision, for so long as a declarant is the owner of units representing an aggregate of ten percent or more of the units in which votes in the association are allocated, the bylaws may only be amended with the affirmative vote of at least sixty-seven percent of the unit owners of units to which votes in the association are allocated; and
(b) After the declarant ceases to own ten percent or more of the units to which votes in the association are allocated, the bylaws may only be amended with the affirmative vote of a majority of the unit owners of units to which the votes in the association are allocated.
2. Subject to the provisions of the declaration, the bylaws may provide for any other matters the association deems necessary and appropriate.
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(L. 1983 H.B. 177, A.L. 2001 S.B. 178)
2023 Missouri Revised Statutes › Title XXIX - Ownership and Conveyance of Property › Chapter 448 - Condominium Property › Section 448.3-107 - Upkeep of condominium.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-107. Upkeep of condominium. —
1. Except to the extent provided by the declaration, subsection 2 of this section, or subsection 8 of section 448.3-113, the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is responsible for maintenance, repair, and replacement of his unit. Each unit owner shall afford to the association and the other unit owners, and to their agents or employees, access through his unit reasonably necessary for those purposes. If damage is inflicted on the common elements or on any unit through which access is taken, the unit owner responsible for the damage, or the association if it is responsible, is liable for the prompt repair thereof.
2. In addition to the liability which a declarant has under sections 448.1-101 to 448.4-120 as a unit owner, the declarant alone is liable for all expenses in connection with real estate subject to development rights. No other unit owner and no other portion of the condominium is subject to a claim for payment of those expenses. Unless the declaration provides otherwise, any income or proceeds from real estate subject to development rights inures to the declarant.
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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 448.3-108 - Meetings.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-108. Meetings. —
A meeting of the association shall be held at least once each year. Special meetings of the association may be called by the president or by twenty percent, or any lower percentage specified in the bylaws, of either the executive board or the unit owners. Not less than ten nor more than sixty days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting shall state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer.
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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 448.3-109 - Quorums.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-109. Quorums. —
1. Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast twenty percent of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the meeting.
2. Unless the bylaws specify a larger percentage, a quorum is deemed present throughout any meeting of the executive board if persons entitled to cast fifty percent of the votes on that board are present at the beginning of the meeting.
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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 448.3-110 - Voting — proxies.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-110. Voting — proxies. —
1. If only one of the multiple owners of a unit is present at a meeting of the association, he is entitled to cast all the votes allocated to that unit. If more than one of the multiple owners are present, the votes allocated to that unit may be cast only in accordance with the agreement of a majority in interest of the multiple owners, unless the declaration expressly provides otherwise. There is majority agreement if any one of the multiple owners casts the votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit.
2. Votes allocated to a unit may be cast pursuant to a proxy duly executed by a unit owner. If a unit is owned by more than one person, each owner of the unit may vote or register protest to the casting of votes by the other owners of the unit through a duly executed proxy. No unit owner may revoke a proxy given pursuant to this section except by actual notice of revocation to the person presiding over a meeting of the association. A proxy is void if it is not dated or purports to be revocable without notice. A proxy terminates one year after its date, unless it specifies a shorter term.
3. If the declaration requires that votes on specified matters affecting the condominium be cast by lessees rather than unit owners of leased units: (1) the provisions of subsections 1 and 2 of this section apply to lessees as if they were unit owners; (2) unit owners who have leased their units to other persons may not cast votes on those specified matters; and (3) lessees are entitled to notice of meetings, access to records, and other rights respecting those matters as if they were unit owners. Unit owners shall also be given notice in the manner provided in section 448.3-108 of all meetings at which lessees may be entitled to vote.
4. No votes allocated to a unit owned by the association may be cast.
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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 448.3-111 - Tort and contract liability.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-111. Tort and contract liability. —
Neither the association nor any unit owner except the declarant is liable for that declarant's torts in connection with any part of the condominium which that declarant has the responsibility to maintain. Otherwise, an action alleging a wrong done by the association shall be brought against the association and not against any unit owner. If the wrong occurred during any period of declarant control, and if the association gives the declarant reasonable notice of and an opportunity to defend against the action, the declarant who then controlled the association is liable to the association or to any unit owner: (1) for all tort losses not covered by insurance suffered by the association or that unit owner, and (2) for all costs which the association would not have incurred but for the breach of contract or other wrongful act or omission. In any case where the declarant is liable to the association under this section, the declarant is also liable for all litigation expenses, including reasonable attorney's fees, incurred by the association. Any statute of limitation affecting the association's right of action under this section is tolled until the period of declarant control terminates. A unit owner is not precluded from bringing an action contemplated by this section because he is a unit owner or a member or officer of the association. Liens resulting from judgments against the association are governed by section 448.3-117.
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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 448.3-112 - Conveyance or encumbrance of common elements.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-112. Conveyance or encumbrance of common elements. —
1. Portions of the common elements may be conveyed or subjected to a security interest by the association if persons entitled to cast at least eighty percent of the votes in the association, including eighty percent of the votes allocated to units not owned by a declarant, or any larger percentage the declaration specifies, agree to that action; provided, that all the owners of units to which any limited common element is allocated shall agree in order to convey that limited common element or subject it to a security interest. The declaration may specify a smaller percentage only if all of the units are restricted exclusively to nonresidential uses. Proceeds of the sale are an asset of the association.
2. An agreement to convey common elements or subject them to a security interest shall be evidenced by the execution of an agreement, or ratifications thereof, in the same manner as a deed, by the requisite number of unit owners. The agreement shall specify a date after which the agreement will be void unless recorded before that date. The agreement and all ratifications thereof shall be recorded in every county in which a portion of the condominium is situated, and is effective only upon recordation.
3. The association, on behalf of the unit owners, may contract to convey common elements, or subject them to a security interest, but the contract is not enforceable against the association until approved pursuant to subsections 1 and 2 of this section. Thereafter, the association has all powers necessary and appropriate to effect the conveyance or encumbrance, including the power to execute deeds or other instruments.
4. Any purported conveyance, encumbrance, judicial sale, or other voluntary or involuntary transfer of common elements, unless made pursuant to this section or pursuant to subsection 2 of section 448.3-117, is void.
5. A conveyance or encumbrance of common elements pursuant to this section does not deprive any unit of its rights of access and support.
6. Unless the declaration otherwise provides, a conveyance or encumbrance of common elements pursuant to this section does not affect preexisting encumbrances.
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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 448.3-114 - Surplus funds.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-114. Surplus funds. —
Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves shall be paid to the unit owners in proportion to their common expense liability or credited to them to reduce their future common expense assessments.
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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 448.3-115 - Assessments for common expenses.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-115. Assessments for common expenses. —
1. Until the association makes a common expense assessment, the declarant shall pay all the common expenses. After any assessment has been made by the association, assessments thereafter shall be made at least annually and shall be based on a budget adopted at least annually by the association.
2. Except for assessments under subsections 3 and 4 of this section, all common expenses shall be assessed against all the units in accordance with the allocations set forth in the declaration pursuant to subsection 1 of section 448.2-107. Any past due common expense assessment or installment thereof shall bear interest at the rate established by the association not exceeding eighteen percent per year.
3. To the extent required by the declaration:
(1) Any common expense associated with the maintenance, repair, or replacement of a limited common element shall be assessed against the units to which that limited common element is assigned, equally, or in any other proportion that the declaration provides;
(2) Any common expense, or portion thereof, benefitting fewer than all of the units shall be assessed exclusively against the units benefitted; and
(3) The costs of insurance shall be assessed in proportion to risk and the costs of utilities shall be assessed in proportion to usage.
4. Assessments to pay a judgment against the association shall be made only against the units in the condominium at the time the judgment was entered, in proportion to their common expense liabilities.
5. If any common expense is caused by the misconduct of any unit owner, the association may assess that expense exclusively against his unit.
6. If common expense liabilities are reallocated, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities.
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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 448.3-117 - Other liens affecting the condominium.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-117. Other liens affecting the condominium. —
1. A judgment for money against the association, if recorded, is not a lien on the common elements, but is a lien in favor of the judgment lienholder against all of the units in the condominium at the time the judgment was entered. No other property of a unit owner is subject to the claims of creditors of the association.
2. Notwithstanding the provisions of subsection 1 of this section, if the association has granted a security interest in the common elements to a creditor of the association pursuant to section 448.3-112, the holder of that security interest shall exercise his right against the common elements before his judgment lien on any unit may be enforced.
3. Whether perfected before or after the creation of the condominium, if a lien other than a deed of trust or mortgage, including a judgment lien or lien attributable to work performed or materials supplied before creation of the condominium, becomes effective against two or more units, the unit owner of an affected unit may pay to the lienholder the amount of the lien attributable to his unit, and the lienholder, upon receipt of such payment, shall promptly deliver a release of the lien covering that unit. The amount of the payment shall be proportionate to the ratio which that unit owner's common expense liability bears to the common expense liabilities of all unit owners whose units are subject to the lien. After payment, the association may not assess or have a lien against that unit owner's unit for any portion of the common expenses incurred in connection with that lien.
4. A judgment against the association shall be indexed in the name of the condominium and the association and, if so indexed, is notice of the lien against the units.
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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 448.3-118 - Association records.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-118. Association records. —
The association shall keep financial records sufficiently detailed to enable the association to comply with section 448.4-107. All financial and other records shall be made reasonably available for examination by any unit owner and his authorized agents.
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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 448.3-119 - Association as trustee.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.3-119. Association as trustee. —
With respect to a third person dealing with the association in the association's capacity as a trustee, the existence of trust powers and their proper exercise by the association may be assumed without inquiry. A third person is not bound to inquire whether the association has power to act as trustee or is properly exercising trust powers and a third person, without actual knowledge that the association is exceeding or improperly exercising its powers, is fully protected in dealing with the association as if it possessed and properly exercised the powers it purports to exercise. A third person is not bound to assure the proper application of trust assets paid or delivered to the association in its capacity as trustee.
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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 448.4-101 - Applicability — waiver.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.4-101. Applicability — waiver. —
1. Sections 448.4-101 to 448.4-120 apply to all units subject to sections 448.1-101 to 448.4-120, except as provided in subsection 2 of this section or as modified or waived by agreement of purchasers of units in a condominium in which all units are restricted to nonresidential use.
2. Neither an original sale certificate nor a resale certificate need be prepared or delivered in the case of:
(1) A gratuitous disposition of a unit;
(2) A disposition pursuant to court order;
(3) A disposition by a government or governmental agency;
(4) A disposition by foreclosure or deed in lieu of foreclosure;
(5) A disposition to a person in the business of selling real estate who intends to offer those units to purchasers or to renters; or
(6) A disposition which may be cancelled at any time and for any reason by the purchaser without penalty.
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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 448.4-102 - Liability for public offering statement requirements.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.4-102. Liability for public offering statement requirements. —
1. Except as provided in subsection 2 of this section, a declarant shall, prior to the offering of any interest in a unit to the public, prepare an original sale certificate conforming to the requirements of sections 448.4-103, 448.4-104, 448.4-105, and 448.4-106.
2. A declarant may transfer responsibility for preparation of all or a part of the original sale certificate to a successor declarant or to a person in the business of selling real estate who intends to offer units in the condominium for his own account. In the event of any such transfer, the transferor shall provide the transferee with the information necessary to enable the transferee to fulfill the requirements of subsection 1 of this section.
3. Any declarant or other person in the business of selling real estate who offers a unit for his own account to a purchaser shall deliver an original sale certificate in the manner prescribed in subsection 1 of section 448.4-108. The person who prepared all or a part of the original sale certificate is liable under sections 448.4-108 and 448.4-113 for any false or misleading statement set forth therein or for any omission of material fact therefrom with respect to that portion of the original sale certificate which he prepared. If a declarant did not prepare any part of an original sale certificate that he delivers, he is not liable for any false or misleading statement set forth therein or for any omission of material fact therefrom unless he had actual knowledge of such statement or omission or, in the exercise of reasonable care, should have known of such statement or omission.
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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 448.4-105 - Original sale certificate, time-shares.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.4-105. Original sale certificate, time-shares. —
If the declaration provides that ownership or occupancy of any units is or may be in time-shares, the original sale certificate shall disclose, in addition to the information required by section 448.4-103:
(1) The number and identity of units in which time-shares may be created;
(2) The total number of time-shares which may be created;
(3) The minimum duration of any time-shares which may be created; and
(4) The extent to which the creation of time-shares will or may affect the enforceability of the association's lien for assessments provided in section 448.3-116.
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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 448.4-106 - Original sale certificate, condominiums containing conversion buildings.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.4-106. Original sale certificate, condominiums containing conversion buildings. —
1. The original sale certificate of a condominium containing any conversion building shall contain, in addition to the information required by section 448.4-102:
(1) A statement of work done, including the nature thereof, on the foundation, structural members, roof, chimney, gutters and downspouts, exterior and interior walls, ceilings, floors, windows, attic and wall insulation (including installer's statement of present "R" value), sewers and stacks, plumbing system and related fixtures, electrical system and related fixtures, and furnace and heating system (including the manufacturer's energy efficiency ratio of any new heating or refrigeration equipment); and
(2) A list of any outstanding notices of uncured violations of building code or other municipal regulations.
2. This section applies only to buildings containing units which may be occupied for residential use.
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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 448.4-107 - Original sale certificate, condominium securities.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.4-107. Original sale certificate, condominium securities. —
If an interest in a condominium is currently registered with the Securities and Exchange Commission of the United States, a declarant satisfies all requirements relating to the preparation of an original sale certificate of sections 448.1-101 to 448.4-120 if he delivers to the purchaser a copy of the original sale certificate filed with the Securities and Exchange Commission. An interest in a condominium is not a security under the provisions of the laws of this state.
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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 448.4-108 - Purchaser's right to cancel.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.4-108. Purchaser's right to cancel. —
A person required to deliver an original sale certificate pursuant to subsection 3 of section 448.4-102 shall provide a purchaser of a unit with a copy of the original sale certificate and all amendments thereto before conveyance of that unit and not later than the date of any contract of sale. Unless a purchaser is given the original sale certificate more than ten days before execution of a contract for the purchase of a unit, the purchaser, before conveyance, may cancel the contract within ten days after first receiving the original sale certificate or five days after execution of the contract, whichever is longer.
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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 448.4-109 - Resales of units.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.4-109. Resales of units. —
1. Except in the case of a sale where delivery of an original sale certificate is required, or unless exempt under subsection 2 of section 448.4-101, a unit owner shall furnish to a purchaser before execution of any contract for sale of a unit, or otherwise before conveyance, a resale certificate containing: a copy of the declaration, other than the plats and plans; the bylaws; and the rules or regulations of the association. Such resale certificate shall disclose:
(1) The effect on the proposed disposition of any right of first refusal or other restraint on the free alienability of the unit;
(2) The amount of the monthly common expense assessment and any unpaid common expense or special assessment currently due and payable from the selling unit owner;
(3) Any other fees payable by unit owners;
(4) Any capital expenditures anticipated by the association for the current and two next succeeding fiscal years;
(5) The amount of any reserves for capital expenditures and of any portions of those reserves designated by the association for any specified projects;
(6) The most recent regularly prepared balance sheet and income and expense statement, if any, of the association;
(7) The current operating budget of the association;
(8) A statement of any unsatisfied judgments against the association and the status of any pending suits in which the association is a defendant;
(9) A statement describing any insurance coverage provided for the benefit of unit owners;
(10) A statement as to whether the executive board has knowledge that any alterations or improvements to the unit or to the limited common elements assigned thereto violate any provision of the declaration; and
(11) A statement of the remaining term of any leasehold estate affecting the condominium and the provisions governing any extension or renewal thereof.
2. The association, within ten days after a request by a unit owner, shall furnish a certificate containing the information necessary to enable the unit owner to comply with this section. A unit owner providing a certificate pursuant to subsection 1 of this section is not liable to the purchaser for any erroneous information provided by the association and included in the certificate.
3. A purchaser is not liable for any unpaid assessment or fee greater than the amount set forth in the certificate prepared by the association. A unit owner is not liable to a purchaser for the failure or delay of the association to provide the certificate in a timely manner, but the purchase contract is voidable by the purchaser until the certificate has been provided and for five days thereafter or until conveyance, whichever first occurs.
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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 448.4-110 - Escrow of deposits.

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY
Chapter 448
• Effective - 28 Aug 1983
448.4-110. Escrow of deposits. —
Any deposit made in connection with the purchase or reservation of a unit from a person required to deliver an original sale certificate pursuant to subsection 3 of section 448.4-102 shall be placed in escrow and held either in this state or in the state where the unit is located until refunded to purchaser pursuant to section 448.4-108 or the cancellation period provided therein expires.
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(L. 1983 H.B. 177)