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Lee's Summit, MO HOA Rules: Board Governance (2026)

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

Key Facts

Formation required
before any plan with common property is approved
Dissolution
barred without City consent or a successor association
Developer liability
joint and several while developer controls the board
City discretion
may require a maintenance contract or approve substitute entity

Summary

Any Lee's Summit subdivision plan that includes common property must set up a condominium or property owners' association capable of owning and maintaining it forever, and that association cannot dissolve or sell off common property, except to a successor association, without the City's consent.

A.An applicant for approval of a preliminary development plan, or preliminary plat if no preliminary development plan is required, which contains common property shall provide for the establishment of a condominium or property owners' association for the perpetual ownership and maintenance of any common property, and shall also provide assurance of the financial and administrative ability of any such condominium or property owners' association to own and maintain the common property.B.No such condominium or property owners' association shall be dissolved or dispose of any common property by sale or otherwise (except to a new condominium or property owners' association assuming all the duties and obligations of the original association) unless the maintenance responsibilities set forth in the final development plan, or final plat if no final development plan is required, are assigned, with the consent of the City, to a person or entity with the financial, legal, and administrative ability to perform such obligations.

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. 280 conditions approval of a preliminary development plan, or a preliminary plat where no development plan is required, containing common property on the applicant first establishing a condominium or property owners' association for the perpetual ownership and maintenance of that common property. The applicant must also demonstrate the association's financial and administrative ability to actually own and maintain what it is given (Sec. 280(A)). Once formed, the association cannot be dissolved, or dispose of common property by sale or otherwise, unless a new association assumes all the same duties, or unless the City consents to reassigning the final development plan's maintenance responsibilities to a different person or entity with the financial, legal and administrative capacity to perform them (Sec.

280(B)). The Governing Body may additionally require the association to sign a maintenance contract guaranteeing perpetual upkeep of the common property (Sec. 280(C)), and it retains discretion to approve an entity other than a condominium or property owners' association to hold and maintain the common property in place of the standard structure (Sec. 280(D)). This governance backbone is reinforced by the companion Sec. 290 declaration of covenants, which must independently require mandatory association membership for every lot owner and successor buyer, make that declaration permanent, and bar dissolution of the association without the City's consent unless maintenance duties are reassigned with City approval.

Sec. 300 then places day-to-day upkeep responsibility on the association itself, and holds a developer who still controls the association's board jointly and severally liable for the association's maintenance obligations during that control period.

Violations & Fines

Because the association's existence and its no-dissolution rule are conditions written into the approved final development plan, a developer or association that dissolves, sells off common property, or lets a developer-controlled board abandon maintenance duties without City consent is out of compliance with Secs. 4.280 and 4.300; the City can decline to release the development plan's maintenance requirements and can pursue the failure-to-maintain enforcement path under Sec. 4.310, including City abatement billed back to every lot.

Frequently Asked Questions

Does Lee's Summit require an HOA for every subdivision with shared common areas?
Yes, if the development plan includes common property. UDO Sec. 4.280 requires the applicant to form a condominium or property owners' association capable of perpetual ownership and maintenance of that property, and to show the association has the financial and administrative capacity to actually do so before the plan is approved.
Can a homeowners' association just dissolve itself and stop maintaining the common areas?
Not on its own. Sec. 4.280(B) bars dissolution or disposal of common property unless a new association takes over all the same duties, or the City consents to shifting maintenance responsibility to another entity with the financial and legal capacity to handle it.
Who is on the hook if the developer still controls the HOA board and maintenance lapses?
The developer. Sec. 4.300 makes the developer jointly and severally liable for the association's maintenance obligations for as long as the developer maintains effective control of the association's board, in addition to the association's own liability.

Sources & Official References

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