FIRST REGULAR SESSION

[PERFECTED]

HOUSE BILL NO. 832

93RD GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES SANDERS BROOKS (Sponsor), PRATT, LOWE (44), JOHNSON (47), MEINERS, EL-AMIN, BLAND, BROWN (50), HOSKINS, LOW (39), CURLS, BURNETT, LeVOTA, HARRIS (23), HUBBARD, BOYKINS, WALTON AND HUGHES (Co-sponsors).

         Read 1st time March 17, 2005 and copies ordered printed.

                  Read 2nd time March 22, 2005 and referred to the Special Committee on Urban Issues March 31, 2005.

                  Reported from the Special Committee on Urban Issues April 12, 2005 with recommendation that the bill Do Pass. Referred to the Committee on Rules pursuant to Rule 25(26)(f).

                  Reported from the Committee on Rules April 13, 2005 with recommendation that the bill Do Pass with no time limit for debate.

                  Taken up for Perfection April 20, 2005. Bill ordered Perfected and printed.

STEPHEN S. DAVIS, Chief Clerk

2047L.01P


 

AN ACT

To amend chapter 213, RSMo, by adding thereto one new section relating to restrictive covenants.





Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Chapter 213, RSMo, is amended by adding thereto one new section, to be known as section 213.041, to read as follows:

            213.041. 1. No declaration or other governing document shall include a restrictive covenant in violation of section 213.040.

            2. Notwithstanding any other provision of law or provision of the governing documents, the board of directors of an association shall amend, without approval of the owners, any declaration or other governing document that includes a restrictive covenant, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document.

            3. If after providing written notice to an association requesting that the association delete a restrictive covenant in violation of section 213.040, and the association fails to delete the restrictive covenant within thirty days of receiving the notice, the Missouri commission on human rights, a city or county in which a common interest development is located, or any person may bring an action against the association for injunctive relief to enforce the provisions of subsections 1 and 2 of this section. The court may award attorney's fees to the prevailing party.