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Missouri HOAs would have faced a re-election every ten years at 85 percent, or dissolved

Missouri HOAs would have faced a re-election every ten years at 85 percent, or dissolved
Missouri · Legislation

Missouri HOAs would have faced a re-election every ten years at 85 percent, or dissolved

What happened. Two identical Missouri bills in 2026 would have required every homeowners association in the state to win a renewal vote every ten years — at 85 percent of all members — or dissolve automatically. Associations already ten years old would have had to hold that vote by 31 December 2026. Neither bill ever got a committee hearing, and both died when the session adjourned on 15 May 2026.1

They were HB 2840 (Representative Richard West, District 102) and SB 1313 (Senator Nick Schroer, District 2). The Senate's own summary states: “This act is identical to HB 2840 (2026).”

The operative text

New section 442.405, RSMo, as HB 2840 would have created it:

“2. (1) Notwithstanding any provision of law to the contrary, a homeowners' association shall dissolve ten years following the date of establishment unless such association is renewed by a majority vote of eighty-five percent of all members of the association at an election held within ninety days of the date of dissolution. Any association failing to receive a majority vote of eighty-five percent for renewal shall be immediately dissolved, and the member homeowners shall not be subject to any other association for a period of ten years unless approved by eighty-five percent of such homeowners.

(2) Any association renewed pursuant to subdivision (1) of this subsection shall be subject to renewal every ten years.

(3) Any association in existence for a period of at least ten years as of August 28, 2026, shall hold an election pursuant to subdivision (1) of this subsection no later than December 31, 2026, and every ten years thereafter.”

Three things in that text worth reading twice

The threshold is of all members, not of members voting. The drafting phrase is “a majority vote of eighty-five percent” — an unusual hybrid — and the House's own summary restates it as “a majority vote of 85% of all members of the association.” In a community where a third of owners never respond to anything, 85 percent of all members is not a difficult vote. It is an impossible one.

The retroactive deadline was roughly four months. Any Missouri association already ten years old on 28 August 2026 — which is most of them — would have had until 31 December 2026 to run the election.

A failed vote was not merely dissolution. The homeowners “shall not be subject to any other association for a period of ten years unless approved by eighty-five percent of such homeowners.” A ten-year bar on re-forming, liftable only by the same threshold that just failed.

Condominiums were carved out entirely

The definition the bill would have used:

“442.405. 1. As used in this section, 'homeowners' association' or 'association' shall mean a nonprofit corporation or unincorporated association of homeowners created under a declaration to own and operate portions of a planned community or other residential subdivision that has the power under the declaration to assess association members… This term shall not include a condominium unit owners' association as defined and provided for in subdivision (3) of section 448.1-103 or a residential cooperative.

So the ten-year clock would have run only against HOAs, planned communities and subdivisions. Condominium associations and residential co-ops were outside it.

Where each bill stopped

HB 2840: introduced and read first time 7 January 2026 (House Journal p. 74); read second time 8 January (p. 314); then nothing for 127 days until 15 May 2026 — “Referred: Emerging Issues(H)” (p. 2697). Its hearing page reads: “This Bill is currently not scheduled for a committee hearing.” It was never referred to a substantive policy committee at all.

SB 1313: pre-filed 1 December 2025 — the first day the Missouri Constitution allows; first read 7 January 2026 (Journal S80); then 27 January 2026 — “Second Read and Referred S Emerging Issues and Professional Registration Committee” (Journal S242). No hearing was ever conducted. “No amendments available.”

There is a detail in that. The committee that never scheduled SB 1313 lists Senator Schroer — the bill's own sponsor — as a member.

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What that final line actually means

Four of the five House bills touching Missouri associations in 2026 carry the identical last action: “Referred: Emerging Issues(H),” dated 15 May 2026. An owner who looks up their bill and sees a referral to a committee may reasonably conclude it is still moving. It is not, and it never was.

15 May 2026 was the constitutional cutoff. Missouri Constitution article III, section 20(a) provides: “All bills in either house remaining on the calendar after 6:00 p.m. on the first Friday following the second Monday in May are tabled.” The second Monday in May 2026 was the 11th, so the cutoff was 6:00 p.m. on Friday 15 May.

A referral entered on that date cannot lead anywhere. The committee cannot notice a hearing, hold one, or vote. The line is a filing action, not a legislative step — the House's way of formally disposing of bills that were read twice in January and never assigned to a substantive committee. The accurate translation is: this bill never got a committee, never got a hearing, and is dead.

The Senate's version of the same thing is quieter. SB 1313 and SB 1059 were properly referred in January, to a real committee, which simply never scheduled them. Their official status is frozen at “Second Read and Referred.” Same outcome, different paperwork.

Why this bill existed, and why it was not a Missouri eccentricity

Missouri was one of four states where the idea moved in 2026. CAI's own first-quarter advocacy recap lists Missouri's tracked legislative topics as “Dissolution of associations, HOA erosion control, chicken regulations, and homeowner bill of rights,” and notes that “In Florida, Georgia, Hawaii, and Missouri legislation has been introduced or carried over establishing a process for HOAs to conduct a vote among the owners on whether to continue as a community association.”2

No Missouri HOA-dissolution bill appears in the 2024 or 2025 bill lists. This was a new idea in 2026, and it arrived in both chambers at once, pre-filed on the first available day in the Senate.

What dissolution would have actually meant, practically

This is the part the bill did not address, and the reason it matters that Missouri has no general planned-community statute. When a Missouri HOA dissolves, the questions that arise are not answered by any code:

  1. Who owns the common ground? Detention basins, entry monuments, private streets, pools, clubhouses, greenbelts. In some Missouri subdivisions the association holds title; in others the lot owners hold it as tenants in common; in others it reverts to a developer entity that no longer exists. A statute dissolving the association does not answer who mows the common ground on the following Monday.
  2. Who maintains the private streets? Where a plat dedicated streets to a trustee organisation rather than to the municipality — the ordinary St. Louis County pattern — there is no public body obliged to take them.
  3. What happens to the recorded covenants? Dissolving the enforcing body does not by itself extinguish restrictions that run with the land; it removes the entity that enforces them. Individual owners generally retain the ability to enforce a covenant scheme against each other, which converts a single enforcement mechanism into neighbour-versus-neighbour litigation.
  4. What happens to the reserve fund, the master insurance policy, and outstanding contracts? Chapter 355 has nonprofit dissolution machinery; the bill said nothing about how it would interact.

Those are the questions a board faces if the idea returns. They are not arguments that associations are good or bad; they are the operational gap in a two-sentence statutory dissolution.

What a Missouri board can do now

  1. Nothing, on this bill. There is no 31 December 2026 election. No Missouri association is required to hold a renewal vote. Any vendor, consultant or newsletter that told a board otherwise was reading an introduced bill, not the law.
  2. But know your own numbers before December. The reason this bill was frightening is that most Missouri associations could not have met an 85-percent-of-all-members threshold. If your board does not know what share of members returns a ballot in a normal year, it does not know how exposed the community would be to any turnout-based statutory test — and turnout thresholds are the live idea in four states.
  3. Fix the participation problem for its own sake. Accurate member contact records, electronic distribution where the declaration permits it, and a documented voting procedure are worth having whatever the legislature does. They are also precisely what the other 2026 Missouri bill — the Declaration and Bylaws Modernization Act, which also died — was trying to work around.
  4. Watch 1 December 2026. Pre-filing for the 2027 session opens that day. Both sponsors of this bill pre-filed in the last cycle, and one of them pre-filed on day one.

What to watch next

Nothing carries over. 2026 was the second and final regular session of the 103rd General Assembly; every bill on the calendar after 6:00 p.m. on 15 May 2026 was tabled by operation of the constitution, and bills still in committee died there. The 104th General Assembly convenes 6 January 2027. To come back, this idea needs a new bill, a new number, and a legislature seated by the November 2026 election.

Related Missouri HOA Topics

← All Missouri HOA Topics

  1. HB 2840 (2026), introduced text (LR 5975H.01I) — proposed § 442.405, RSMo
  2. Community Associations Institute, 2026 Q1 state advocacy recap — Missouri priority topics
  3. SB 1313 (2026) bill page, official Senate summary and action history
  4. HB 2840 (2026) action history — Missouri House of Representatives
  5. Mo. Const. art. III, § 20(a) — bills remaining on the calendar after the May cutoff are tabled

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