Title XXIX, OWNERSHIP AND CONVEYANCE OF PROPERTY

448.040. Declaration and plat to be recorded — plat, contents — amendment may be recorded, when. — Simultaneously with the recording of the declaration there shall be recorded a plat as defined in section 448.010, which plat shall be made by a registered Missouri land surveyor an…

448.050. Units can be conveyed — common elements, owned, how — units not to be separated or subdivided. — 1. Upon compliance with sections 448.020, 448.030 and 448.040, and upon recording of the declaration and plat, the property shall become subject to the provisions of sections…

448.060. Instrument affecting unit affects ownership of common elements. — Every deed, lease, mortgage or other instrument may legally describe a unit by its identifying number or symbol as shown on the plat and as set forth in the declaration, and every such description shall be…

448.070. Common elements to remain undivided — exceptions. — As long as the property is subject to the provisions of sections 448.005 to 448.210 the common elements shall, except as provided in section 448.140, remain undivided, and no unit owner shall bring any action for partit…

448.080. Common element costs to be paid by unit owners — unpaid amount to constitute lien — foreclosure. — 1. Every unit owner shall pay his proportionate share of the expenses of administration, maintenance and repair of the common elements and of any other expense lawfully agr…

448.090. Liens, against what — consent, how given. — 1. In the event any lien exists against two or more units and the indebtedness secured by such lien is due and payable, the unit owner of any unit so affected may remove the unit and the undivided interest in the common element…

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". ­­-------- (L. 1983 H.B. 177)

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 subsec…

448.1-103. Definitions. — In the declaration and bylaws of each condominium, unless specifically provided otherwise or the context requires otherwise, and in sections 448.1-101 to 448.4-120: (1) "Affiliate of a declarant" means any person who controls, is controlled by, or is und…

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…

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…

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 …

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…

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, estoppe…

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 …

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. ­­---…

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 w…

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 …

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. ­­-------- (L. 1983 H.B. 177)

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, spec…

448.100. Taxes, assessed and levied against units. — Real property taxes, special assessments, and any other special taxes or charges of the state of Missouri or of any political subdivision thereof, or other lawful taxing or assessing body, which are authorized by law to be asse…

448.110. Interest acquired by tax deed, subject to what. — In the event any person acquires or is entitled to the issuance of a tax deed conveying the interest of any unit owner, the interest so acquired shall be subject to all the provisions of sections 448.005 to 448.210 and to…

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 e…

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 …

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 …

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 ow…

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 …

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 …

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 a…

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 …

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 prop…

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 …

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 consti…

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 …

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 …

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 o…

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 l…

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 as…

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 th…

448.2-109. Plats and plans. — 1. Plats and plans are a part of the declaration. Separate plans are not required by sections 448.1-101 to 448.4-120 if all the information required by this section is contained in the plat. Each plat and plan shall be clear and legible and contain a…

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 own…

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 porti…

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…

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 pr…

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 i…

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 …