Missouri • Special assessment notice
Special assessment from your Missouri condo — and the storm bill the statute forces
Missouri's special assessments increasingly come straight from the storm map. A statute that turns insurance shortfalls into common expenses, plus a brutal 2025 tornado and hail season, has put many associations into assessment mode.
The short answer
In Missouri the board's budget passes unless a majority of owners reject it, and there's no cap — but the real driver is § 448.3-113(8), which makes any repair cost above insurance proceeds plus reserves a common expense. After the 2025 tornado season, that's a direct storm-to-assessment pipeline. CondoSignal reads your notice against the Condominium Act. Free.Missouri at a glance
Storm shortfall
Common expense
Above insurance + reserves (§ 448.3-113(8)).
Owner vote
Reject the budget
Per declaration for large specials.
Super-lien
6 mo (judicial only)
Non-judicial foreclosure forfeits it.
HOA protections
None
Governed only by CC&Rs.
Board authority and the shortfall rule
Under § 448.3-115 the board's budget (and any special assessment in it) passes unless a majority of all owners reject it; the declaration may require a vote for large specials. The key driver is § 448.3-113(8): any repair cost exceeding insurance proceeds plus reserves is automatically a common expense — so a storm that outruns the master deductible becomes a special assessment.
The non-judicial foreclosure trap
Missouri gives the association a six-month super-priority over a prior mortgage — but only in a judicial foreclosure. A non-judicial (power-of-sale) foreclosure forfeits that priority (§ 448.3-116; Carcopa). That nuance affects how much the association recovers from delinquent units, which in turn affects everyone's assessment exposure.
No reserves, unregulated HOAs
Missouri mandates no reserve study or funding, so thin reserves plus a percentage wind/hail deductible is a recipe for special assessments. And if you're in a planned-community HOA rather than a condo, Missouri has essentially no governing statute — your only rules are the CC&Rs. The condo resale certificate (5-day cancellation) discloses anticipated capital expenditures.
Your rights in Missouri
Missouri condo owners get a resale certificate disclosing anticipated capital expenditures and reserves, with a 5-day cancellation right (§ 448.4-109); HOA owners have no statutory certificate. None of this is legal advice — confirm against ch. 448 and Missouri counsel.
What to check
- Determine whether the assessment is covering a storm shortfall (§ 448.3-113(8)).
- Find the master wind/hail deductible and how it's allocated.
- Confirm whether you're in a condo or an unregulated HOA.
- Check reserves against the building's exposure.
- For the Bootheel, note New Madrid earthquake exposure.
- Get the resale certificate (condos) for capital expenditures.
Sources
- RSMo § 448.3-113 — insurance (shortfall as common expense)(High)
- RSMo § 448.3-116 — lien for assessments(High)
- RSMo § 448.4-109 — resale certificates(High)
Educational only — not legal, financial, or engineering advice. Confirm against the current statute and, where it matters, a Missouri-licensed professional.
FAQ
Frequently asked questions
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