448.1-106. Applicability of local ordinances, regulations, and building codes. - Missouri Statutes

Applicability of local ordinances, regulations, and building codes.

448.1-106. 1. Except as provided in subsection 2 of thissection, no zoning, subdivision, building code, or other realestate use law, ordinance, or regulation may prohibit thecondominium form of ownership or impose any requirement upon acondominium which it would not impose upon a physically identicaldevelopment under a different form of ownership. Otherwise, noprovision of sections 448.1-101 to 448.4-120 invalidates ormodifies any provision of any zoning, subdivision, building code,or other real estate use law, ordinance, or regulation.

2. Subsection 1 of this section shall not apply to anyordinance, rule, regulation, charter provision, or contractprovision relating to the financing of housing construction,rehabilitation, or purchases provided by or through a housingfinance program established and operated pursuant to state orfederal law by a state or local agency or local unit ofgovernment or to any ordinance which has as its purpose theapplication or enforcement of minimum housing standards.

3. For purposes of providing marketable title, a statementin the declaration showing that the condominium is not subject toan ordinance or showing that any conditions required under anordinance have been complied with shall be prima facie evidencethat the condominium was not created in violation of suchordinance.

4. A violation of an ordinance adopted pursuant to theprovisions of subsection 2 of this section shall not affect thevalidity of a condominium. This subsection shall not beconstrued to in any way limit the power of a county ormunicipality to enforce the provisions of an ordinance adoptedpursuant to subsection 2 of this section.

(L. 1983 H.B. 177, A.L. 1993 H.B. 689)