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Tag Archives: Missouri legislation

Eureka School District loses TIF battle


School districts are the natural enemies of tax-increment financing projects (TIFs). The TIF designation of a redevelopment area limits a school district’s share of the increases in property taxes that occur in that redevelopment area, diverting what would have been the school district’s share of property taxes to paying for a portion of the developer’s cost of infrastructure.

On February 24, 2009, Missouri’s Eastern District Court of Appeals issued its opinion Read the rest of this entry

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Defunct HOAs: what to do?


Outside of incorporated cities in the Ozarks, the homeowner association (HOA) is often the government for homes in subdivisions and condominiums. The clean water rules enforced by the Missouri Department of Natural Resources include HOAs as eligible “continuing authorities” to own and operate drinking water or sewer facilities, or both, in subdivisions not served by public utility companies regulated by the Public Service Commission or by governmental providers. In addition, the HOAs often have the responsibility of maintaining subdivision streets unless and until the county commission adopts an ordinance to maintain the streets.

HOAs are ordinarily established by the subdivision developer, in order to obtain permits for sewer or water facilities and to create an entity for road maintenance. An HOA’s power to collect assessments from lot owners (or unit owners, in the case of condominiums) is established by the recording of subdivision covenants (usually called CCRs or a declaration). The HOA is almost always set up as a non-profit corporation, with the developer and the developer’s associates making up the initial board of directors.

Even under the best of circumstances, the developer fails to file annual reports for the HOA with the Missouri Secretary of State, and the HOA, as a corporation, is administratively dissolved. When few lots are sold, that also happens. And there are worse omissions and consequences: Read the rest of this entry

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