In the Dirt: A Real Estate Legal Update

On July 12^th, Missouri Governor Parsons signed HB 2062, a House Bill that, beginning this August, may ruffle a few feathers of those developers, directors, homeowners, and others associated with Missouri homeowner associations (HOAs).

Homeowners may wish to engage in backyard event rentals to earn supplemental income. For example, some homeowners may rent out their pool and backyard space for parties. While this might seem like a clever opportunity for homeowners to make an extra buck, such backyard event rentals will likely cause tension between homeowners and their HOA or community management entity.

Solar panels may be a source of controversy in residential neighborhoods. On one side of the debate are homeowners wishing to invest in renewable energy and take advantage of any available federal tax credits. On the other side are homeowners who purchased their homes in reliance upon the protection that a homeowner’s association (“HOA”) would offer by maintaining preferred aesthetics, abating nuisances, and preserving property value. As a result, HOAs need to know whether they are permitted to regulate the use of solar panels by their residents.

Municipalities adopt zoning ordinances in order to regulate the use of land within their boundaries and to provide for future growth without over-taxing their infrastructure and other resources. 

Solar panels are increasing in popularity for both residential and commercial properties. Some property owners may consider installing solar panels to meet their own energy needs; others may consider installing them to generate income or to provide energy for public use. Given the high-value status of property assets, the long-term impact of solar panels is an important consideration.

The right to use solar energy has long been considered a property right in Missouri. See Section 442.012 RSMo. Even though the right to use solar energy is a property right, it may be subject to restrictive covenants, just like any other property right.

Part one of this series article addressed whether homeowners associations are required to allow support dogs in common areas where dogs may otherwise be prohibited. This article will address whether homeowners and condominium associations are required to make reasonable accommodations for “assistance animals”  which may otherwise be prohibited by the association’s rules and regulations.  Assistance animals, as defined by the Fair Housing Act (FHA), include more than just service dogs as defined by the ADA.

Service animals or service dogs in common areas of a homeowners association or condominium association have ADA considerations. 

Most residential homeowners and condominium associations have restrictive covenants or rules regulating the size, number or types of pets owners may keep in their residences. Some associations may prohibit pets in the common areas or amenities. Associations regularly enforce these restrictions by issuing notice to owners who are in violation requiring the owners to take some kind of corrective action. Sometimes owners respond that the animal is a service animal and therefore the owners are not required to comply with applicable restrictions, rules or regulations.