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Missouri · HOAMissouri condo liens: priority over the mortgage, three years and the ten-day statement

Under Missouri's Uniform Condominium Act the association has a lien on a unit for any assessment, or fine against its owner, from the time it becomes due; the recorded declaration perfects it, so no separate claim of lien is recorded, and it can be foreclosed like a mortgage, judicially or by power of sale. The lien comes ahead of other liens except those recorded before the declaration, purchase-money mortgages recorded before August 28, 2014, real estate taxes, and a mortgage recorded before the assessment fell due – over which it still has priority for up to six months of common-expense assessments, though not if the association forecloses nonjudicially. The lien is extinguished unless enforcement begins within three years after the full assessment is due. On written request from the owner or a mortgage holder, the association must furnish a recordable statement of unpaid assessments within ten business days, and the statement binds the association and every owner unless the recipient knows it is false. When a rented unit's owner is more than 60 days behind, the association can demand the rent from the tenant (RSMo 448.3-116).

What the statute sets

  1. Lien (448.3-116(1), (4))

    From the due date of the assessment or fine; perfected by the recorded declaration.

  2. Priority (448.3-116(2))

    Ahead of a later-due mortgage for up to six months of common-expense assessments, unless foreclosed nonjudicially.

  3. Three years (448.3-116(5))

    Extinguished unless enforcement starts within three years after the full amount is due.

  4. Statement (448.3-116(8))

    Recordable, within ten business days of a written request, binding on the association.

  5. Tenants (448.3-116(9))

    Owner over 60 days behind: the association may collect the rent from the tenant.

What the TC does on a condo sale

  • Request the unpaid-assessment statement in writing and calendar the ten business days.
  • Send the statement to the title company and the lender so the payoff appears on the closing statement.
  • If the unit is rented, ask whether the association has sent the tenant a rent demand.

Questions about Missouri condo liens

Does a Missouri condo lien come ahead of the mortgage?

For up to six months of common-expense assessments it has priority over a mortgage recorded before those assessments became due, except a purchase-money mortgage recorded before August 28, 2014, and not if the association forecloses nonjudicially (RSMo 448.3-116(2)).

How fast must a Missouri condo association give a payoff statement?

Within ten business days after a written request from the owner or a mortgage holder; the recordable statement binds the association unless the recipient knows it is false (RSMo 448.3-116(8)).

Related guides

Track the assessment statement request and its ten-day deadline as a task on the deal in ClosingCode.

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Source: RSMo 448.3-116 (revisor.mo.gov), read October 29, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.