Uniform Condominium Act — Executive Board Members and Officers
Executive board may act on behalf of the association except as limited by declaration, bylaws, or statute. Two-tier fiduciary standard: declarant-appointed members owe "the care required of fiduciaries of the unit owners"; owner-elected members owe "ordinary and reasonable care." The board may not amend the declaration, terminate the condominium, or elect board members (but may fill vacancies). Budget ratification: summary to all owners within 30 days of adoption, ratification meeting 14-30 days after mailing, and the budget stands unless a majority of ALL unit owners rejects it — quorum irrelevant. Owners may remove any board member by a two-thirds vote of those present and entitled to vote at a quorum meeting. Declarant control ends at the earliest of 60 days after 75% of units convey, two years after sales cease, or two years after the last exercise of development rights — with staged owner representation at 25% and 50% conveyance. On control termination, owners elect a board of at least three members, a majority of whom must be unit owners.
Statutory Text
Verified Jul 8, 2026 · REVISOR_MO_GOV
448.3-103. Executive board members and officers. — 1. Except as provided in the declaration, the bylaws, subsection 2 of this section, or other provisions of sections 448.1-101 to 448.4-120, the executive board may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the executive board are required to exercise (1) if appointed by the declarant, the care required of fiduciaries of the unit owners, and (2) if elected by the unit owners, ordinary and reasonable care. 2. The executive board may not act on behalf of the association to amend the declaration, to terminate the condominium, or to elect members of the executive board or determine the qualifications, powers and duties, or terms of office of executive board members, but the executive board may fill vacancies in its membership for the unexpired portion of any term. 3. Within thirty days after adoption of any proposed budget for the condominium, the executive board shall provide a summary of the budget to all the unit owners, and shall set a date for a meeting of the unit owners to consider ratification of the budget, which date shall be not less than fourteen nor more than thirty days after mailing of the summary. Unless at that meeting a majority of all the unit owners, or any larger vote specified in the declaration, reject the budget, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, the periodic budget last ratified by the unit owners shall be continued until such time as the unit owners ratify a subsequent budget proposed by the executive board. 4. Subject to subsection 5, the declaration may provide for a period of declarant control of the association, during which period a declarant, or person designated by him, may appoint and remove the officers and members of the executive board. Regardless of the period provided in the declaration, a period of declarant control terminates no later than the earlier of (1) sixty days after conveyance of seventy-five percent of the units which may be created to unit owners other than a declarant; (2) two years after all declarants have ceased to offer units for sale in the ordinary course of business; or (3) two years after any development right to add new units was last exercised. A declarant may voluntarily surrender the right to appoint and remove officers and members of the executive board before termination of that period, but in that event he may require, for the duration of the period of declarant control, that specified actions of the association or executive board, as described in a recorded instrument executed by the declarant, be approved by the declarant before they become effective. 5. Not later than sixty days after conveyance of twenty-five percent of the units which may be created to unit owners other than a declarant, at least one member and not less than twenty-five percent of the …
Legal references last verified July 8, 2026.
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