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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (no statewide HOA act)
Missouri has not adopted a comprehensive planned-community statute, so a homeowners association vote is generally governed first by the recorded declaration/CC&Rs and then, if the association is incorporated, by the Missouri Nonprofit Corporation Act (RSMo §§ 355.001–355.881). A few specific statutory overrides apply, such as protections for political signs and solar panels (RSMo § 442.404). Because there is no statutory default amendment percentage for HOAs, the threshold to amend the declaration is generally whatever the recorded document sets (commonly two-thirds or 75%), and that recorded declaration controls.
Condominiums (Uniform Condominium Act)
Condominiums created after September 28, 1983 are generally governed by Missouri's Uniform Condominium Act (RSMo §§ 448.1-101 to 448.4-120), while older projects generally fall under the earlier Condominium Property Act (RSMo §§ 448.005–448.210). The Act generally allows the declaration to be amended by owners holding at least sixty-seven percent of the association votes, or any larger majority the declaration specifies (RSMo § 448.2-117). Certain changes — such as altering unit boundaries, allocated interests, or permitted uses — generally require the unanimous consent of the affected owners.
How the vote can run
When the association is incorporated as a nonprofit, "vote" generally includes a written ballot or written consent, and members can act by written ballot without a meeting (RSMo §§ 355.066, 355.266). A written ballot generally must set out each proposed action with a for/against choice, the returns must meet the same quorum required at a meeting, and the solicitation should state the quorum needed, the approval percentage, and the response deadline. Electronic ballots and ballot-secrecy practices are not specifically mandated by Missouri statute and generally depend on the governing documents, so they should be confirmed before the vote opens.
Before we quote
Missouri details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Missouri vote has to answer.
Condos use a statutory floor: amending a condominium declaration generally needs at least 67% of the association votes, or a higher number if the declaration says so (RSMo § 448.2-117).
HOAs have no statutory percentage in Missouri, so the recorded declaration/CC&Rs generally set the amendment threshold and the document's exact language drives the number.
The recorded declaration controls, and a condominium amendment generally is not effective until it is recorded in every county where any part of the property sits (RSMo § 448.2-117).
Some condo changes (unit boundaries, allocated interests, permitted uses, added units, or special declarant rights) generally require unanimous owner consent rather than a supermajority (RSMo § 448.2-117).
Whether a condominium follows the Uniform Condominium Act or the older Condominium Property Act generally turns on whether it was created after September 28, 1983.
If the association is incorporated, written ballots and written consents are generally available, and the returns must meet the same quorum as a live meeting (RSMo §§ 355.066, 355.266).
Proxies are generally allowed for condominiums but must be dated and generally expire one year after issuance unless a shorter term is set (RSMo § 448.3-110).
Lender/mortgagee consent and any electronic or secret-ballot rules are generally creatures of the governing documents (and loan or secondary-market requirements), not a uniform Missouri statute, so they need a document review.
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