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Lee's Summit, MO HOA Rules: CC&R Enforcement (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Enforcement code
City's Property Maintenance Code, Ordinance No. 4934
Notice period
10 days before hearing (24 hrs in emergency)
Appeal window
10 days from mailed decision
Cost recovery cap
5% of assessed valuation per lot per year
Appeal standard
contested case under RSMo ch. 536

Summary

When a Lee's Summit homeowners' association lets common property fall into disrepair, the City does not wait on the CC&Rs' private enforcement: Sec. 4.310 lets the Director enforce failure-to-maintain violations directly under the City's Property Maintenance Code, hold an administrative hearing, order the City to abate the problem, and bill every lot on the tax roll.

A.The failure of the developer, the condominium or property owners' association, or other entity approved by the Governing Body, to properly maintain any common property shall subject the developer, the condominium or property owners' association, other entity approved by the Governing Body, and/or persons or entities with any ownership interest in lots within the development, to enforcement action pursuant to the City's Property Maintenance Code, Ordinance No. 4934, as may be amended from time to time. The costs to abate a nuisance created by the failure to maintain any common property shall be assessed proportionally against the individual lots and lot owners within the development, in an equal amount per individual lot or lot owner, pursuant to the tax bill provisions of the Property Maintenance Code. The amount caused by the Finance Director to be assessed annually by tax bill shall not exceed five percent of assessed valuation per individual lot or lot owner.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 55 | Unified Development Ordinance: Supplement 15).

Full Breakdown

UDO Sec. 310 makes clear that a private declaration's own enforcement mechanism is not the City's only remedy. Failure of the developer, the condominium or property owners' association, or another approved entity to properly maintain common property shall subject them to enforcement action pursuant to the City's Property Maintenance Code, Ordinance No. 200 (Sec. 310(A)-(B)). For a failing common storm water facility, Sec. 310(C) sets out the City's own administrative process: if the Director and Director of Public Works find probable cause that a facility fails to meet the standard set in the final development plan, the Director must mail notice describing the deficiency and set an administrative hearing at least ten days out (24 hours in an emergency).

At the hearing the Director takes evidence from the association and any interested party, then either orders the association to make repairs by a deadline or orders the City to abate the condition itself. The Director's decision is final unless appealed within ten days under the contested-case procedures of RSMo ch. 536. If the City abates, the Director of Public Works certifies all costs, including enforcement costs and staff time, to the Finance Director, who issues a special tax bill or adds the cost to the real estate tax bill, split proportionally per lot and capped at five percent of assessed valuation, becoming a first lien on the property and bearing eight percent interest if unpaid.

In other words, the CC&Rs may set the association's private maintenance duty, but the City's own Property Maintenance Code and tax-bill lien process, not private CC&R litigation, is what actually forces compliance when the association fails.

Violations & Fines

Failure to properly maintain common property is itself a UDO Article 4 violation, and the Director's probable-cause hearing can end in a City-ordered abatement whose cost, capped at five percent of assessed valuation per lot per year, becomes a first lien on every lot in the development and draws eight percent interest until paid; a Director's order is final ten days after mailing unless appealed under RSMo ch. 536.

Frequently Asked Questions

If an HOA's CC&Rs aren't enforced privately, will Lee's Summit step in?
Yes. UDO Sec. 4.310 makes failure to maintain common property a violation enforceable under the City's Property Maintenance Code, Ordinance No. 4934, independent of the association's own CC&R enforcement, and lets the Director hold an administrative hearing and order repairs or City-performed abatement.
What happens at the Director's hearing over a failing common facility?
The Director gives at least ten days' mailed notice describing the deficiency, then takes evidence from the association and interested parties before ordering either association repairs by a deadline or City abatement; the decision is final ten days after mailing unless appealed under the contested-case procedures of RSMo Chapter 536.
Who pays if the City has to fix a neglected common area itself?
Every lot owner in the development, proportionally. The Director of Public Works certifies the abatement cost, including staff time, to the Finance Director for a special tax bill capped at five percent of assessed valuation per lot per year, which becomes a first lien and bears eight percent interest if unpaid.

Sources & Official References

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