Property Law

HB 1047 – Common Interest Owners Bill of Rights. Establishes the Common Interest Owners Bill of Rights Act. Among other provisions, specifies that every contract or duty governed by the act imposes an obligation of good faith in its performance or enforcement; specifies that the act applies to all condominiums in the state that may be used for residential purposes and to certain other common interest communities that contain 12 or more units that may be used for residential purposes; specifies that an arrangement between the unit owners associations of two or more common interest communities or between a unit owners association and the owner of real estate that is not part of a common interest community to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement or declarations does not create a separate common interest communities. Support concept of statutory frame work for operation of planned communities.

HB 1071 – Radon hazard disclosure. Establishes the Missouri Radon Awareness Act which requires the seller of residential real property to provide the buyer with a disclosure of information on radon hazards.

HB 1092 – Assessment of destroyed commercial real property. Changes the laws regarding the assessment of commercial real property destroyed by a natural disaster.

HB 1124 –Total loss coverage. Requires an insurer to pay a claimant for the total face value amount of an insurance policy for any total loss or damage by any peril of covered property without claiming a diminished value of the property.

HB 1170 – Special property tax assessment. Allows any county collector to add and collect a special property tax assessment to the property’s annual real estate tax bill.

HB 1196/HB 1286 – Landowner liability to trespassers. Changes the laws regarding a landowner’s liability as it applies to an individual trespassing on the owner’s land. Not in scope. Redraft to conform to bar's Criminal Code revision.

HB 1207/SB 846 – Control of bed bugs.Establishes the criteria to be followed by landlords and tenants of multifamily rental dwelling units regarding the control of bed bugs.

HB 1293 – Inverse condemnation. Requires suits in inverse condemnation or involving dangerous conditions of public property against a municipal corporation to be brought only in the county where the land or any part of the land lies.

HB 1313 – Assessed valuation of residential property for elderly and disabled. Limits the increase in assessed valuation of residential property by the percentage of increase in the Social Security benefits for the elderly and disabled who own and live in their principal residence.

HB 1351 – Deferment of property taxes. Allows an individual who is 62years of age or older to defer paying property taxes on his or her residence under certain conditions by filing a claim with the county assessor.

HB 1377
– Condemnation proceedings. (See Local Government)

HB 1409 – Mortgage disclosures. Changes the laws regarding certain mortgage disclosures and requires any lender making a reverse mortgage loan to allow for the repayment of the loan after the death of the person who entered into the loan.

HB 1461 – Security deposits. Changes the laws regarding the security deposit of renters. Among other provisions, requires a landlord to furnish the tenant or renter with the estimated or actual cost for repairing or replacing each item on the list of damages; requires the landlord to attach copies of paid receipts for the repair and replacement, and to furnish the copies of receipts or a certification of the actual cost of repairs within 60 days if an estimated cost is given.

HB 1469 – Ejectment in small claims. Authorizes a landlord to bring an action to remove a tenant without being represented by an attorney and to file a claim in small claims court for the ejectment of a tenant to obtain possession of a premises. Oppose.

HB 1479
– Mold disclosure. Requires a landlord to disclose the presence of mold to prospective and current tenants.

HB 1500 – Human Rights Commission complaints.Changes the laws regarding complaints filed with the Missouri Commission on Human Rights and makes discrimination based upon a person’s sexual orientation or gender identity unlawful.

*HCS HB 1527/SB 683 – Property exempt from attachment. (See Commercial Law)

HCS HB 1585 – Landlord-tenant actions.Modifies provisions relating to landlord-tenant actions. Specifically, requires a sheriff to inspect the premises for safety prior to the removal of contents within 10 days of a judgment being entered; requires a case for the recovery of premises to be given a court date within30 days of the summons being returned executed; requires a defendant to pay any monetary judgment within five days of the judgment; requires a landlord to be awarded attorney fees if the landlord has an attorney and prevails in the action against the tenant. Oppose.

HB 1664 – Adverse possession. Establishes requirements for the taking of real property by adverse possession. Among other provisions, specifies the definition of adverse possession; specifies that an adverse possessor gains title to the occupied property after the statute of limitations for an action to recover property has expired; prohibits a claim of right from being required if the property owner cannot be ascertained in the records of the recorder of deeds; deems a premises to have been adversely held if there has been continued occupation of the premises under a claim of right; specifies that possession of a tenant is deemed the possession of the landlord until 10 years after the tenancy terminates or the last payment of rent. No position.

HB 1885 – Real estate commission complaints. Provides any person who hasa real estate appraisal with standing to file a complaint with the real estate commission.

SB 447 – Stealing and receiving stolen property. Adds mail to the list of types of property that, when stolen,increase the classification of the crimes of stealing and receiving stolen property to Class C felonies.

SB 510 – Market factors considered by county assessors. Requires county assessors to consider market factors in determining value of real property for tax purposes.

SB 554
– Notice of foreclosure action. Changes the notice requirement to a tenant in a foreclosure action from ten business days to ninety days.

SB 616
– Sinkhole coverage. Requires homeowner insurance companies to offer sinkhole coverage.

SB 633 – Title to scrap vehicles. Allows scrap metal operators to purchase older inoperable motor vehicles or vehicle parts from such vehicles without receiving a title under certain conditions.

SB 667 – Peer review. Creates a peer review process for architects, landscape architects, land surveyors, and engineers.

SB 675 – Property tax credit. Repeals the Missouri property tax credit.

SB 704 – Inverse condemnation. Requires inverse condemnation or dangerous public property suits against municipal corporations be brought in the county where the land or any part lies. Support.

SB 804
– Crime of failure to vacate.Criminalizes the failure to vacate leased premises in a rent and possession case under chapter 535.

SB 873 – Exemption from appraiser license.Creates an exemption from real estate appraiser license requirement for persons representing property owners in appealing assessments.

SJR 36 – Property taxes. Caps the tax on real property and freezes the property taxes on individuals 62 years old or older.

Index of Bills by Subject Matter

Key
  • CCS - Conference Committee Substitute
  • HB - House Bill
  • HCS - House Committee Substitute
  • HS - House Substitute
  • HJR - House Joint Resolution
  • SB - Senate Bill
  • SCS - Senate Committee Substitute
  • SS - Senate Substitute
  • SJR - Senate Joint Resolution
  • * - Missouri Bar Committee-Drafted Legislation
 

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