HCS SS SCS SB 168 -- RESTRICTIVE REAL ESTATE COVENANTS AND
DEFECTIVE RESIDENTIAL CONSTRUCTION

This bill requires that any restrictive real estate covenant
included in an association's governing document be removed by the
board of directors of that association.  If the association fails
to remove a restrictive covenant within 30 days of receiving a
written request, injunctive relief may be granted to any
individual or organization requesting the removal.  This
provision becomes effective January 1, 2006.

A procedural prerequisite for filing a lawsuit for defective
residential construction is established.  In its main provisions,
the bill:

(1)  Requires contractors to provide written notice to
homeowners, including homeowners' associations, upon entering
contracts of the right to offer to cure construction defects
before homeowners may file legal actions and specifies the
required notice language;

(2)  Clarifies that if a homeowner countersues a contractor in a
suit originally filed by the contractor against the homeowner,
the procedural prerequisites do not apply;

(3)  Requires homeowners to provide a written notice to
contractors detailing the alleged defective construction prior to
filing a lawsuit;

(4)  Requires contractors to respond timely in writing offering
an inspection followed by repair, monetary compensation, or
disputation of the claim; offering timely repair; offering repair
and compensation; offering monetary compensation; or disputing
the claim.  If the contractor disputes the claim or fails to
timely respond, the homeowner may file suit.  If the homeowner
rejects a contractor's offer, the homeowner must notify the
contractor, and then the homeowner may file suit.  If the
homeowner accepts a contractor's offer that includes repair, the
homeowner must provide reasonable access to the premises;

(5)  Authorizes the homeowner to take immediate action to prevent
imminent injury to persons or additional significant and material
damage to the residence without violating the procedural
prerequisites; and

(6)  Specifies the mediation procedure option if agreed upon by
the homeowner and contractor.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:21 pm