Special assessment from your Missouri condo — and the storm bill the statute forces

Missouri at a glance

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.

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.