Missouri Revised Statutes













Chapter 448

Condominium Property

←448.03-102

Section 448.3-103.1

448.03-104→

August 28, 2015

Executive board members and officers.

448.3-103. 1. Except as provided in the declaration, the bylaws,

subsection 2 of this section, or other provisions of sections 448.1-101 to

448.4-120, the executive board may act in all instances on behalf of the

association. In the performance of their duties, the officers and members of

the executive board are required to exercise (1) if appointed by the

declarant, the care required of fiduciaries of the unit owners, and (2) if

elected by the unit owners, ordinary and reasonable care.



2. The executive board may not act on behalf of the association to amend

the declaration, to terminate the condominium, or to elect members of the

executive board or determine the qualifications, powers and duties, or terms

of office of executive board members, but the executive board may fill

vacancies in its membership for the unexpired portion of any term.



3. Within thirty days after adoption of any proposed budget for the

condominium, the executive board shall provide a summary of the budget to all

the unit owners, and shall set a date for a meeting of the unit owners to

consider ratification of the budget, which date shall be not less than

fourteen nor more than thirty days after mailing of the summary. Unless at

that meeting a majority of all the unit owners, or any larger vote specified

in the declaration, reject the budget, the budget is ratified, whether or not

a quorum is present. In the event the proposed budget is rejected, the

periodic budget last ratified by the unit owners shall be continued until

such time as the unit owners ratify a subsequent budget proposed by the

executive board.



4. Subject to subsection 5, the declaration may provide for a period of

declarant control of the association, during which period a declarant, or

person designated by him, may appoint and remove the officers and members of

the executive board. Regardless of the period provided in the declaration, a

period of declarant control terminates no later than the earlier of (1) sixty

days after conveyance of seventy-five percent of the units which may be

created to unit owners other than a declarant; (2) two years after all

declarants have ceased to offer units for sale in the ordinary course of

business; or (3) two years after any development right to add new units was

last exercised. A declarant may voluntarily surrender the right to appoint

and remove officers and members of the executive board before termination of

that period, but in that event he may require, for the duration of the period

of declarant control, that specified actions of the association or executive

board, as described in a recorded instrument executed by the declarant, be

approved by the declarant before they become effective.



5. Not later than sixty days after conveyance of twenty-five percent of

the units which may be created to unit owners other than a declarant, at

least one member and not less than twenty-five percent of the members of the

executive board shall be elected by unit owners other than the declarant.

Not later than sixty days after conveyance of fifty percent of the units

which may be created to unit owners other than a declarant, not less than

thirty-three and one-third percent of the members of the executive board shall

be elected by unit owners other than the declarant.



6. Not later than the termination of any period of declarant control,

the unit owners shall elect an executive board of at least three members, at

least a majority of whom shall be unit owners. The executive board shall

elect the officers. The executive board members and officers shall take

office upon election.



7. Notwithstanding any provision of the declaration or bylaws to the

contrary, the unit owners, by a two-thirds majority vote of all persons

present and entitled to vote at any meeting of the unit owners at which a

quorum is present, may remove any member of the executive board.



(L. 1983 H.B. 177)







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