Bill Text: MO HB381 | 2013 | Regular Session | Introduced

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Bill Title: Prohibits a property owners' association from preventing a property owner from placing political yard signs on his or her property

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-02-06 - Referred: General Laws(H) [HB381 Detail]

Download: Missouri-2013-HB381-Introduced.html

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FIRST REGULAR SESSION

HOUSE BILL NO. 381

97TH GENERAL ASSEMBLY

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INTRODUCED BY REPRESENTATIVE BAHR.

0395L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk

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AN ACT

To amend chapter 442, RSMo, by adding thereto one new section relating to restrictive covenants.

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Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 442, RSMo, is amended by adding thereto one new section, to be known as section 442.404, to read as follows:

            442.404. 1. Except as otherwise provided by this section, a property owners' association shall not enforce or adopt a restrictive covenant that prohibits a property owner from displaying on the owner's property one or more signs advertising a political candidate or ballot item for an election:

            (1) On or after the ninetieth day before the date of the election to which the sign relates; or

            (2) Before the tenth day after that election date.

            2. This section does not prohibit the enforcement or adoption of a covenant that:

            (1) Requires a sign to be ground-mounted; or

            (2) Limits a property owner to displaying only one sign for each candidate or ballot item.

            3. This section does not prohibit the enforcement or adoption of a covenant that prohibits a sign that:

            (1) Contains roofing material, siding, paving materials, flora, one or more balloons or lights, or any other similar building, landscaping, or nonstandard decorative component;

            (2) Is attached in any way to plant material, a traffic control device, a light, a trailer, a vehicle, or any other existing structure or object;

            (3) Includes the painting of architectural surfaces;

            (4) Threatens the public health or safety;

            (5) Is larger than four feet by four feet;

            (6) Violates a law;

            (7) Contains language, graphics, or any display that would be offensive to the ordinary person; or

            (8) Is accompanied by music or other sounds or by streamers or is otherwise distracting to motorists.

            4. A property owners' association may remove a sign displayed in violation of a restrictive covenant permitted by this section.

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