HOA Dues and Special Assessment Limit in Kansas

There is currently no law in Kansas stipulating a limit on HOA dues increases or special assessments. An HOA board is generally free to raise dues or levy special assessments as it sees fit to meet the budget and needs of the association.

That being said, according to Kansas Uniform Common Interest Owners’ Bill of Rights Section 58-4620, the board must propose and adopt a budget at least annually.

“The board of directors shall propose and adopt a budget for the common interest community at least annually. Notice of any meeting at which a budget will be considered must be given to unit owners at least 10 days prior to the meeting date and, in accordance with subsection (g) of K.S.A. 2012 Supp. 58-4612, and amendments thereto, a copy of the proposal must be made available to any unit owner who requests it. At any meeting at which a budget or budget amendment is considered, in accordance with subsection (d) of K.S.A. 2012 Supp. 58-4612, and amendments thereto, unit owners must be given a reasonable opportunity to comment on the proposal prior to the board taking action.”

Special assessments must follow the same procedures as above. Subsection (b) and (c) goes on to say:

“(b) The board of directors, at any time, may propose a special assessment. Except as otherwise provided in subsection (c), notice and consideration of any proposed special assessment shall follow the procedures set out in subsection (a).

(c) If the board of directors determines by a 2/3 vote of the membership of the board that a special assessment is necessary to respond to an emergency:

(1) The special assessment shall become effective immediately in accordance with the terms of the vote;

(2) notice of the emergency assessment must be provided promptly to all unit owners; and

(3) the board of directors may spend the funds paid on account of the emergency assessment only for the purposes described in the vote.”