Missouri court strikes down state law limiting community associations’ authority on backyard chickens
FOX23 News at 9 p.m.
MISSOURI (KBSI) – A Missouri circuit court has ruled a state law restricting community associations from regulating backyard chickens unconstitutional, marking a major legal victory for the Community Associations Institute (CAI) and its Missouri members.
The ruling overturns House Bill 2026 in its entirety. CAI, an international organization representing homeowners’ associations, condominiums and housing cooperatives, said the decision reaffirms the right of community associations to self-govern.
“This ruling is a huge win for Community Associations Institute and our members,” said CAI Chief Executive Officer Dawn M. Bauman, CAE. “It reaffirms the importance of constitutional integrity in the legislative process and protects the right of community associations to self-govern.”
The lawsuit was filed on Aug. 26, 2024, by CAI’s Heartland Chapter and the Missouri Legislative Action Committee (LAC) in response to HB 2026, a wide-ranging bill that included language barring community associations from preventing homeowners from building chicken coops or raising up to six chickens on lots of at least 0.2 acres.
The contested provision had failed in prior legislative sessions when introduced as standalone bills. However, lawmakers added the language as a last-minute amendment to HB 2026 before its passage in July 2024. Despite opposition from CAI and its members, Gov. Mike Parson signed the bill into law, and it took effect Aug. 28, 2024.
In Four Seasons Lakesites Property Owners Association v. State of Missouri, CAI argued that the law violated Article III of the Missouri Constitution, which requires bills to contain a single subject. Circuit Judge Stumpe sided with CAI, declaring the law unconstitutional on all claims. The state is expected to appeal.
The decision represents a significant advocacy win for CAI, which monitors legislation nationwide that could impact more than 77 million Americans living in homeowners’ associations, condominiums and cooperatives.
