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Missouri's HOA erosion loan fund passed 11–0, then died 5–6 in Rules

Missouri's HOA erosion loan fund passed 11–0, then died 5–6 in Rules
Missouri · Legislation

Missouri's HOA erosion loan fund passed 11–0, then died 5–6 in Rules

What happened. House Bill 1734 would have created a state revolving loan fund that Missouri homeowners associations could borrow from to fix eroding creeks and streams running through their neighbourhoods. It was heard three times, drew no opposition at all, and passed its policy committee 11–0. Then the Rules – Legislative committee refused to release it on a 5–6 vote on 20 April 2026, and that was the end of it.1

It was the only Missouri HOA bill in 2026 that anyone voted on. The sponsor was Representative Colin M. Wellenkamp of the 105th District in St. Charles County.

The vote, in the House's own words

From the official House committee summary:

“COMMITTEE ACTION: Voted 'Do Pass' by the Standing Committee on Conservation and Natural Resources by a vote of 11 to 0. Motion for 'Do Pass' by the Standing Committee Rules-Legislative failed by a vote of 5 to 6.

The full sequence

  • 1 December 2025 — Prefiled (H)
  • 7 January 2026 — Read First Time (H), Journal p. 16
  • 8 January 2026 — Read Second Time (H), p. 266
  • 12 February 2026 — Referred: Conservation and Natural Resources(H), p. 667
  • 23 February 2026 — Public Hearing Completed (H)
  • 5 March 2026 — Executive Session Completed; Voted Do Pass (H)
  • 9 March 2026 — Reported Do Pass (H) — AYES: 11 NOES: 0 PRESENT: 0, pp. 1171–1172
  • 10 March 2026 — Referred: Rules – Legislative(H), p. 1203
  • 20 April 2026 — Executive Session Completed; Motion to Do Pass Failed (H)

This is a materially different death from the four Missouri HOA bills that were swept into “Emerging Issues” on the last day of session without ever being heard. HB 1734 was heard, endorsed unanimously by the committee that owned the subject matter, reported to the floor, and then stopped one vote short at the last gate before floor debate. It never reached the House floor and never reached the Senate.

What it would have created

New section 640.900, RSMo. The fund:

“640.900. 1. (1) There is hereby created in the state treasury the 'Soil Erosion Control Fund', which shall consist of moneys appropriated by the general assembly; all gifts, grants, and bequests from any federal or private source; and all repayment of loan moneys from eligible homeowners' associations. The state treasurer shall be custodian of the fund.”

The purpose:

“2. The fund shall be used to better equip neighborhoods and communities to reduce sedimentation and erosion of creeks, streams, and waterways, and to protect ecological integrity and environmental services provided by natural drainage channels that run in close proximity to residential areas.”

Eligible projects were “(1) Daylighting waterways; (2) Adding or restoring natural flood and catchment capacity to existing waterways; (3) Restoring or rehabilitating natural culverts or culverts that use natural infrastructure; (4) Bank stabilization using natural means such as vegetation, trees, or built implements…” Ineligible: “(1) Lining drainage-ways with impermeable surfaces; and (2) Deploying impermeable surfaces throughout a creek, stream, or waterway that covers large swaths of natural area.”

The two conditions that would have bound boards

“4. To be eligible for a loan under this section, a homeowners' association shall be incorporated as a nonprofit organization under Missouri law.

5. … (1) The interest amount on loans granted under this section shall not exceed the federal funds rate or two percent, whichever is greater; (2) The loan amount shall not exceed eighty percent of the total cost of a project in a single fiscal year; (3) The terms of the loan shall include a repayment schedule of not more than ten years; and (4) A homeowners' association shall:

(a) Pass an assessment to the homeowners before qualifying for a loan under this section. The assessment shall be documented in the minutes of a homeowners' association meeting, indicating the meeting was held with appropriate notice, a quorum was present, and a vote for the assessment was favorable; and

(b) As loan collateral, place liens or contingent liens upon all property where improvements from the project abut or are wholly within the property.

Paragraph 5(4)(b) is the sharpest provision in the bill. The collateral for a state erosion loan would have been liens, or contingent liens, on the individual lots abutting or containing the work.

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Nobody opposed it. That is the unusual part.

From the same official committee summary:

“PROPONENTS: Supporters say that soil erosion damage to homes is approximately $30 annually and affects many residents in the State and across the nation, but for many it is cost prohibitive to fix the problems. This bill encourages neighborhoods to combat soil erosion by using ecologically beneficial methods to reduce soil erosion and provides neighborhoods with access to financing that many smaller homeowners' associations do not qualify for currently.

Testifying in person for the bill were Representative Wellenkamp; Community Associations Institute; The Nature Conservancy; St. Charles County; Carolyn Niswonger; Missouri Municipal League; Zach Morris; and Arnie Dienoff.

OPPONENTS: There was no opposition voiced to the committee.

(The “$30 annually” figure appears exactly that way in the official summary and is almost certainly a transcription slip for a larger unit. We reproduce it as written and would not rely on it.)

Written testimony filed for the 23 February hearing included a submission stating: “Homeowners' associations across Missouri are increasingly facing significant challenges related to soil erosion, sedimentation, and stormwater runoff. Natural drainage channels that run through or adjacent to residential communities are essential to protecting property, infrastructure, water quality, and ecological integrity. However, the cost of properly engineered erosion control and stream stabilization projects often exceeds what associations can reasonably fund through routine assessments alone.”

Filed twice, killed twice, in the same committee type

The same sponsor filed the same idea in 2025 as HB 1461. Its history:

  • 6 March 2025 — Referred: Conservation and Natural Resources(H)
  • 24 March 2025 — Public Hearing Completed (H)
  • 31 March 2025 — HCS Voted Do Pass (H)
  • 1 April 2025 — HCS Reported Do Pass (H) — AYES: 11 NOES: 0 PRESENT: 0
  • 16 April 2025 — Referred: Rules – Administrative(H)

And then nothing. In 2025 it cleared Conservation 11–0 and died in Rules – Administrative with no hearing and no vote recorded at all. In 2026 it cleared Conservation 11–0 again and died in Rules – Legislative on an actual 5–6 vote. Two sessions, two unanimous policy-committee endorsements, two deaths in a Rules committee.

The route that did open, in a different bill

Here is the part a Missouri subdivision losing lots to a creek should know: while the dedicated HOA loan fund failed twice, the legislature quietly widened a different tool in 2025 and it is now law.

House Bill 199 (2025), signed 11 July 2025 and effective 28 August 2025, amended the definition of “improvement” in the Neighborhood Improvement District Act. Section 67.453(5)(i) now reads:

“(i) To improve dikes, levees and other flood control works, gates, lift stations, bridges and streets appurtenant thereto, including any river or creek bank erosion mitigation projects, regardless of whether or not such projects confer a benefit solely to private property owners;”2

The clause that was added is the one removing the public-purpose objection. A creek-bank stabilisation project benefiting only the lots backing onto the creek used to be difficult to justify as a Neighborhood Improvement District improvement. The statute now says that objection does not disqualify it.

Comparing the two routes, honestly

They are not equivalent, and pursuing either means accepting the trade.

  1. Who decides. The failed loan fund would have been an association decision: the board passes an assessment, documents it in minutes, applies to the Department of Natural Resources. A Neighborhood Improvement District is created by a city or county on petition or election of property owners in a defined area — the municipality is in the loop and controls the process.
  2. Who collects. The loan would have been an association debt repaid from assessments the board chases. A NID assessment is collected like a tax, by the county, on the annual real-estate bill. For a board with a 12 percent delinquency rate, that difference is the whole argument.
  3. What secures it. The bill would have put liens or contingent liens on the abutting lots — which, note, is not obviously better for owners than a NID assessment lien. A board reading this as “the friendly option died” should read section 5(4)(b) again.
  4. Cost of capital. The loan fund would have capped interest at the greater of the federal funds rate or 2 percent, over no more than ten years, for no more than 80 percent of project cost. NID financing is municipal borrowing at municipal rates over a longer term. Neither is free, and the NID is the one that exists.

Related, and worth knowing if the community sits inside a Community Improvement District overlay: the same 2025 act re-enacted section 67.1521, under which each CID special assessment “shall constitute a perpetual lien against each tract, lot or parcel of property from which it is derived,” collectible by the county collector on the annual tax bill and foreclosable “in the same manner as a tax upon real property by land tax sale under chapter 140 or, if applicable to that county, chapter 141.” That machinery got faster in 2026, when Missouri deleted the two-year delinquency wait before a partial opt-in county can route a parcel into the judicial land-tax process.

What a board can do

  1. Stop waiting for the state loan fund. It has been endorsed unanimously twice by the substantive committee and blocked twice at Rules. There is no fund, no application, and no appropriation.
  2. Get the engineering before the funding. Both routes need a scoped, costed project. A NID petition without one is not a petition.
  3. Ask the city or county about a Neighborhood Improvement District under sections 67.453 to 67.475. Since 28 August 2025 the private-benefit objection is answered by the statute itself. That is the sentence to put in front of a municipal attorney who says the project cannot be a NID improvement.
  4. Check whether the stormwater authority has any programme. In the St. Louis metro, the Metropolitan St. Louis Sewer District's published position is that detention and retention basins “are considered private and their maintenance is the responsibility of the subdivision or neighborhood” — so the Proposition S money now being spent on public stormwater work does not reach a private basin. Creek and channel erosion is a different category from basin maintenance, and worth asking about specifically rather than assuming either way.
  5. Watch 1 December 2026. Pre-filing for the 2027 session opens then, and this sponsor has pre-filed on the first available day before.

What to watch next

Whether a third filing changes the venue. The bill's problem has never been the subject matter — twenty-two committee votes across two sessions, none against — and twice it has been a Rules committee that stopped it. A sponsor who wants a different result needs a different path to the floor, not a better bill.

Related Missouri HOA Topics

← All Missouri HOA Topics

  1. Official House committee summary of HB 1734 (2026) — committee actions, the 5–6 vote, and witness list
  2. SS #2 SCS HB 199 (2025), truly agreed text — amended § 67.453(5)(i), RSMo (Neighborhood Improvement Districts)
  3. HB 1734 (2026), introduced text (LR 4625H.01I) — proposed § 640.900, RSMo
  4. HB 1461 (2025) action history — the predecessor bill, died in Rules – Administrative
  5. MSD Project Clear — published position on detention and retention basin maintenance responsibility

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