Raising Assessments, Conflict Between Declaration and By-Laws, and the Business Judgment Rule

by David P. Weiss | Sep 29, 2017 | Corporate Law, Homeowner Associations, Real Estate Law

In a decision handed down less than two weeks ago by the Missouri Court of Appeals, the court was confronted with a case involving the proper method for calculating a maximum annual assessment by the subdivision’s board of directors absent a vote of the...

Proper Formation and Procedures for Condominium and HOA Committees

by David P. Weiss | Jul 27, 2017 | Corporate Law, Homeowner Associations

Frequently, when something novel is proposed to a condominium or subdivision association, or when an issue seems to dog an association, the board looks to approve a committee to study the issue, suggest options and report back to the board at some point in time. We’ve...

My Neighbor’s Tree

by e-LawLines | Jul 25, 2017 | Homeowner Associations, Real Estate Law

For many property owners, landscaping and trees are sources of great pride and enjoyment.  But sometimes even life’s simplest joys become complications, and neighbors often disagree whether the stately sweetgum reaching over the fence is a beauty or a nuisance.  What...

Recovering Delinquent Condominium Assessments; Scope and Limits of Missouri’s Super-Priority Lien

by e-LawLines | Mar 29, 2017 | Homeowner Associations, Real Estate Law

In 2014 the Missouri Legislature passed, and then-Gov. Nixon signed into law, an amendment to the Missouri Uniform Condominium Act, which granted condominium associations the right to collect up to six months of delinquent common expense assessments as a...

Remain in Good Standing: Annual Registration Report Filing Basics

by e-LawLines | Jan 24, 2017 | Corporate Law, Homeowner Associations, Real Estate Law

All corporations who conduct business in the state of Missouri must file annual registration reports with the Missouri Secretary of State in order to remain in good standing. The requirement applies to nonprofit and for-profit corporations alike. It is not uncommon...

Pesky Covenants: Good Governance and Good Neighbors

by e-LawLines | Nov 30, 2016 | Homeowner Associations, Real Estate Law

In any condominium or subdivision where restrictive covenants bind all owners in a common scheme, some owners will naturally dislike or complain about certain covenants and restrictions that they feel are unfair or should not apply, at least for that particular owner!...