Missouri Statewide Rule
Missouri HOA Board Governance (Nonprofit Act, Mo. Rev. Stat. Ch. 355)
Key Facts
- Governing act
- Mo. Rev. Stat. Ch. 355 (Nonprofit Corporation Law)
- Annual meeting
- Required for member corporations (§ 355.231)
- Special meeting
- Called on 5% written member demand (§ 355.236)
- Record inspection
- Member access on 5 business days' written notice (§ 355.826)
- Open meetings
- No general statutory sunshine rule for HOA board meetings under Ch. 355
Summary
Most Missouri HOAs are nonprofit corporations governed by the Nonprofit Corporation Law (Ch. 355): an annual members' meeting (§ 355.231), special meetings on a 5% member demand (§ 355.236), director removal at a noticed meeting (§ 355.346), and member record inspection on five business days' notice (§ 355.826). Condominium boards follow § 448.3-108 instead.
448.3-108. Meetings. — A meeting of the association shall be held at least once each year. Special meetings of the association may be called by the president or by twenty percent, or any lower percentage specified in the bylaws, of either the executive board or the unit owners. Not less than ten nor more than sixty days in advance of any meeting, the secretary or other officer specified in the bylaws shall cause notice to be hand-delivered or sent prepaid by United States mail to the mailing address of each unit or to any other mailing address designated in writing by the unit owner. The notice of any meeting shall state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes, and any proposal to remove a director or officer. -------- (L. 1983 H.B. 177) ---- end of effective 28 Aug 1983 ---- use this link to bookmark section 448.3-108 Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law In accordance with Section 3.090 , the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Other Information  Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact  
Full Breakdown
Chapter 355 supplies the governance rules the declaration omits. Section 355.231 requires a member corporation to 'hold a membership meeting annually.' Under § 355.236 a special meeting must be called when 'at least five percent of the voting power' sign and deliver a written demand stating its purpose. Directors may be removed under § 355.346 'only at a meeting called for the purpose,' with notice stating removal as a purpose. Section 355.821 requires the corporation to keep articles, bylaws, board resolutions, three years of minutes, and an officer/director list; § 355.826 lets a member who 'gives the corporation written notice... at least five business days' beforehand 'inspect and copy' those records and financial statements. Condominium associations instead meet under § 448.3-108 (annual meeting; 'not less than ten nor more than sixty days' notice). Chapter 355 imposes no general open-meeting mandate on board meetings: those rights, if any, come from the declaration or bylaws.
Violations & Penalties
No fixed statutory fine. A member enforces these rights by civil action: to compel a special meeting, a proper removal vote, or record inspection. Refusing a § 355.826 inspection after a proper five-business-day written demand, or removing a director without the § 355.346 noticed meeting, is a statutory violation a court can order corrected.
Frequently Asked Questions
Are Missouri HOA board meetings open to members?
Can I inspect my Missouri HOA's records?
How do members remove an HOA board member in Missouri?
Sources
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