Squatters rights in Missouri: What HOAs and condos should know

Important: The information in this article is for general informational purposes only and is not intended as legal advice. Laws change frequently and vary by jurisdiction. Always consult an attorney and your property management partner for the latest information regarding Missouri squatters' rights and the eviction process.

Unauthorized occupants can be a challenge for property owners, including homeowners associations (HOAs) and condominiums. Whether it’s a condominium, townhome, or high-rise residence, property owners and board members must understand how Missouri law applies to squatters and what steps can be taken to protect properties from adverse possession claims.

Missouri, like many states, recognizes adverse possession laws, which means a squatter could potentially claim ownership of a property under specific conditions. However, the legal requirements for adverse possession in Missouri are strict, and successful claims are rare. Understanding how these laws work, how to address unauthorized occupants, and how professional property management can help mitigate risks is essential for any HOA or condo board.
 

What are squatters’ rights in Missouri?

“Squatters’ rights” allow an occupant to claim ownership of a property if they meet the legal requirements for adverse possession. Under Missouri law, a squatter must meet several specific criteria to make an adverse possession claim.

To claim legal ownership, the squatter’s occupation of the Missouri property must be:

• Open and notorious: The squatter can’t hide their presence. They must use the property in a way that is clearly visible to a reasonable owner or neighbor.
   
• Actual possession: They must make use of the property as an owner would.
   
• Exclusive: The squatter must be the only person occupying the property, without sharing it with others, including the owner.
   
• Hostile: The squatter must occupy the property without the owner’s consent. This does not imply aggression, only that the occupant is using the land as their own, even if they are unaware of the actual owner.
   
• Continuous: The occupation must be uninterrupted for a certain window of time. The typical timeframe in Missouri is 10 years, though a significant gap in occupancy may reset the timeline.

What does “color of title” mean?

“Color of title” is a document that appears to give someone the right to own property but is actually invalid. For example, if a squatter has a faulty deed or incorrectly recorded ownership document, they may claim that they believed they had rightful ownership of the property.

Color of title does not automatically grant ownership, but it can strengthen the occupant’s claim. The occupant must still meet all other adverse possession requirements. For HOAs and condos, verifying ownership records, maintaining clear documentation, and conducting regular audits of property titles can help prevent false claims of color of title from squatters.
 

Can your HOA or condo evict squatters in Missouri?

Potentially, but HOAs and condominium associations must follow Missouri's legal eviction process to remove squatters.

In most cases, an unlawful detainer or eviction action must be filed by the legal owner, or by a party with lawful possession of the property. If an HOA or condominium association owns the property (e.g., common areas, association‐owned units) it may have the authority to initiate the eviction process.

However, if the property is individually owned and the association’s role is limited to enforcing community rules and covenants, its ability to act may depend on state laws or the community’s governing documents. Associations should consult their legal counsel and property management partner to clarify their rights and responsibilities in these situations.
 

What is the eviction process in Missouri HOAs and condos?

There are two primary pathways for removing a squatter in Missouri: eviction and ejectment.

Eviction often applies if a landlord-tenant relationship once existed but the tenant is now failing to comply with their terms. In Missouri, this process typically involves providing formal notice, filing a legal action, obtaining a court ruling, and, if necessary, involving law enforcement to regain possession of the property. The steps must follow state laws and judicial procedures.

Ejectment, on the other hand, is usually used if the occupant never had a valid right to be there (i.e., a pure trespasser or squatter). Unlike eviction, this process requires proving ownership before obtaining a court order for removal. Since ejectment cases often take longer, it is essential to navigate them with proper legal guidance.

Missouri does not allow property owners to take matters into their own hands through “self-help evictions,” such as changing locks or shutting off utilities. If your HOA or condo association is facing a squatter situation, it is critical to consult with a legal professional to navigate the eviction process correctly and avoid potential liability.

To reduce the risk of eviction or ejectment issues, HOAs and condo boards should establish clear policies on leasing, ownership, and occupancy. Working with an experienced property management company like FirstService Residential can help navigate these situations efficiently while maintaining compliance with legal requirements.
 

What can a property management company do about squatters in Missouri?

A professional property management company plays a crucial role in preventing and addressing squatter issues in Missouri. Because HOAs and condominiums must follow specific legal processes to remove unauthorized occupants, a management company can provide expert guidance and proactive strategies to mitigate risks.

Here’s how a property management company can help:

• Routine property inspections: Regularly inspecting units and common areas helps identify unauthorized occupants before they can establish long-term residency.
   
• Clear lease and ownership records: Maintaining up-to-date records of property ownership, leases, and resident information prevents squatters from making fraudulent claims.
   
• Immediate response to unauthorized occupancy: If a squatter is identified, property managers can work with legal professionals to begin the eviction process promptly.
   
• Legal compliance and court filings: Property managers coordinate with attorneys to file notices, lawsuits, and court orders, supporting compliance with Missouri law.
   
• Resident and board communication: Keeping residents informed about security measures and trespassing policies can help prevent unauthorized occupancy.

By partnering with an experienced property management company, HOAs and condo associations can reduce legal risks and maintain full control over their properties. FirstService Residential provides expert property management solutions to help HOAs and condominium associations maintain security, enforce governing documents, and maintain compliance with Missouri laws. Contact us today to learn more.