Stephen A. Martin, Attorney at Law
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Understanding HOA laws and governance

If you are looking to buy a new home in Missouri, you may well be considering a property that is part of a homeowners' association. If so, it will be important for you to understand how the laws and governance of this HOA may affect your home ownership and responsibilities. An HOA is about a lot more than just paying dues and having common property cared for. 

As explained by HOA Life, there are three different documents that you should be aware of and review before making your final purchase decision. One thing you need to be informed about are the association bylaws. The bylaws outline the general governance of an HOA, dictating how many members will serve on the board and the details of their terms and elections.

The CC&Rs are the covenants, conditions and restrictions and are legally recorded. They identify the legal responsibilities of homeowners and the association. Examples of these responsibilities include who will pay what insurance, how assessments are to be handled and how disputes should be handled. The rules and regulations cover anything not included in the bylaws or CC&Rs and are able to be changed by a vote of the board members. Rules that are subject to change are often in this.

If you would like to learn more about the various governing documents associated with a homeowners' association and what that means for you as a homeowner, please feel free to visit the HOA rules and documents page of our Missouri real estate website.

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