2026-09-12 · Missouri · Legislation

What happened. Missouri created a new private nuisance action, with a 60-day notice, a prima facie shortcut, no jury, and attorney's fees for the winner. It has been law since 28 August 2025. And a typical Missouri homeowners association cannot bring it in its own name, because the statute's definition of who may sue requires a 501(c)(3) determination from the IRS.¹

The provision is new section 67.452, RSMo, created by House Bill 199 (2025), official designation SS #2 SCS HB 199. The Governor signed it on 11 July 2025.

The definition that decides it

“(2) 'Neighborhood organization', a Missouri not-for-profit corporation that:

(a) Is a bona fide community organization formed for the purpose of neighborhood preservation or improvement in an area of a county, city, or village with defined limits and boundaries described in the organization's articles of incorporation or bylaws;

(b) Has a board of directors composed of individuals, at least half of whom maintain their principal residence in the area of a county, city, or village described in the organization's articles of incorporation or bylaws; and

(c) Is recognized by the federal Internal Revenue Service as tax exempt under the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or the corresponding section of any future tax code;”

Paragraphs (a) and (b) describe most Missouri subdivision associations accurately. Paragraph (c) excludes almost all of them. A Missouri HOA is typically a Chapter 355 not-for-profit corporation that is either taxable or a 501(c)(4) social-welfare organisation. It is not a charity, and it does not hold a 501(c)(3) determination letter.

What counts as a nuisance

The definition is unusually broad, and does not require a citation to have issued:

“(3) 'Nuisance', an activity or condition created, performed, maintained, or permitted to exist on private property that constitutes a code or ordinance violation, whether or not the property has been cited by the county, city, or village in which the property is located; or, if the property is in a deteriorated condition, due to neglect or failure to reasonably maintain, abandonment, failure to repair after a fire, flood, or some other deterioration of the property, or there is clutter on the property such as abandoned automobiles, appliances, or similar objects; … or if any activity or condition:

(a) Diminishes the value of the neighboring property;

(b) Is injurious to the public health, safety, security, or welfare of neighboring residents or businesses; or

(c) Impairs the reasonable use or peaceful enjoyment of other property in the neighborhood.”

Where it applies, and who may sue

“2. This section applies to a nuisance located within the boundaries of: (1) Any county with more than one million inhabitants; or (2) Any city or village located within the boundaries of any county with more than one million inhabitants.”

Missouri has exactly one county over a million: St. Louis County. So section 67.452 reaches St. Louis County and the municipalities inside it, and nowhere else.

“3. Any property owner who owns property within one thousand two hundred feet of a parcel of property that is alleged to be a nuisance may bring a nuisance action under this section against the offending property owner for the amount of damage created by such nuisance to the value of the petitioner's property including, but not limited to, diminution in value of the petitioner's property and court costs.

4. An action for injunctive relief to abate a nuisance may be brought against the offending property owner under this section by: (1) Anyone who owns property within one thousand two hundred feet of a property that is alleged to be a nuisance; or (2) A neighborhood organization…”

Note the asymmetry: the 1,200-foot owner route is open to any property owner. The organisational route is the one gated by the 501(c)(3) requirement.

1. SS #2 SCS HB 199 (2025), truly agreed and finally passed text — new § 67.452, RSMo ↩
2. Official House summary of SS #2 SCS HB 199 (2025) ↩
3. Missouri Senate, Governor's Action on Truly Agreed Bills, 2025 Regular Session ↩