213.041. Restrictive covenants, homeowners' association--limitations--procedure to delete violative restrictive covenants.
Restrictive covenants, homeowners' association--limitations--procedureto delete violative restrictive covenants.
213.041. 1. No declaration or other governing document of ahomeowners' association shall include a restrictive covenant in violationof section 213.040.
2. Notwithstanding any other provision of law or provision of thegoverning documents, the board of directors of a homeowners' associationshall amend, without approval of the owners, any declaration or othergoverning document that includes a restrictive covenant in violation ofsection 213.040, and shall restate the declaration or other governingdocument without the restrictive covenant but with no other change to thedeclaration or governing document.
3. If after providing written notice to a homeowners' associationrequesting that the association delete a restrictive covenant in violationof section 213.040, and the association fails to delete the restrictivecovenant within thirty days of receiving the notice, the Missouricommission on human rights, a city or county in which a common interestdevelopment is located, or any person may bring an action against thehomeowners' association for injunctive relief to enforce the provisions ofsubsections 1 and 2 of this section. The court may award attorney's feesto the prevailing party.
4. The provisions of this section shall become effective on January1, 2006.
(L. 2005 S.B. 168)Effective 1-01-06