Missouri § 213.041 - Restrictive covenants, homeowners' association — limitations — procedure to delete violative restrictive covenants.
Full text of Missouri Revised Statutes of Missouri § 213.041 — Restrictive covenants, homeowners' association — limitations — procedure to delete violative restrictive covenants., with citation guidance and answers to common questions.
§ 213.041. Restrictive covenants, homeowners' association — limitations — procedure to delete violative restrictive covenants.
1. No declaration or other governing document of a homeowners' association shall include a restrictive covenant in violation of section 213.040.
2. Notwithstanding any other provision of law or provision of the governing documents, the board of directors of a homeowners' association shall amend, without approval of the owners, any declaration or other governing document that includes a restrictive covenant in violation of section 213.040, and shall restate the declaration or other governing document without the restrictive covenant but with no other change to the declaration or governing document.
3. If after providing written notice to a homeowners' association requesting that the association delete a restrictive covenant in violation of section 213.040, and the association fails to delete the restrictive covenant within thirty days of receiving the notice, the Missouri commission on human rights, a city or county in which a common interest development is located, or any person may bring an action against the homeowners' association for injunctive relief to enforce the provisions of subsections 1 and 2 of this section. The court may award attorney's fees to the prevailing party.
4. The provisions of this section shall become effective on January 1, 2006.
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(L. 2005 S.B. 168)
Effective 1-01-06
---- end of effective 01 Jan 2006 ----
Source: official Missouri text · Last verified 2026-08-27
Frequently Asked Questions About Missouri § 213.041
What does Revised Statutes of Missouri § 213.041 cover?
Section 213.041 ("Restrictive covenants, homeowners' association — limitations — procedure to delete violative restrictive covenants.") is part of the Revised Statutes of Missouri, the codified statutory law of Missouri. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Missouri § 213.041?
A common citation format is "Revised Statutes of Missouri § 213.041" (Missouri). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Missouri law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Missouri official source linked on this page or consult a licensed Missouri attorney.
How does Missouri § 213.041 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Missouri can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Missouri.