Homeowners associations in Kansas must remain compliant with state laws to avoid the risk of liability. Understanding Kansas HOA laws, though, can be difficult if you don’t know where to look. Here are some of the most important statutes you should know about.
Kansas Uniform Common Interest Owners’ Bill of Rights
Enacted on January 1, 2011, this Act serves as a legal structure to guide common interest communities in their management and operation. This includes homeowners associations, condominiums, and cooperatives. The Act protects the rights of homeowners by ensuring these private communities operate in a just and effective manner.
You can find the Kansas Uniform Common Interest Owners’ Bill of Rights (KUCIOBORA) under Chapter 58, Article 46 of the Kansas Statutes. It consists of 23 sections, namely:
- Kansas uniform common interest owners bill of rights act; findings; purpose.
- Same; definitions.
- Same; provisions mandatory.
- Same; duty of good faith.
- Same; application of act.
- Same; prospective application; supersedes existing provisions.
- Same; arrangements not considered common interest communities.
- Same; association duties; restrictions; board of directors discretion.
- Same; officers, board of directors duties; restrictions.
- Same; bylaws.
- Same; association meetings; notice.
- Same; open meetings; executive session restrictions; copies of materials to owners; declarant control, special procedures.
- Same; quorum requirements; rules of order.
- Same; unit owner voting procedures.
- Reserved.
- Same; record keeping requirements; records open to unit owners; copy fees.
- Same; rules; adoption procedures; notice.
- Same; delivery of notice.
- Same; board of directors; removal.
- Same; adoption of budget; special assessments.
- Same; enforcement of rights.
- Same; application of law.
- Same; act supersedes certain laws.
Kansas Townhouse Ownership Act
This Act oversees the creation, management, and operation of townhouse associations. Under K.S.A. 58-3702, a “townhouse unit” is defined as a single-family residential townhouse unit that can be connected by a common wall/s, foundation, or roof, to at least one other single-family residential townhouse unit. Associations must elect to comply with the Act by recording a declaration.
You can find the Kansas Townhouse Ownership Act under Chapter 58, Article 37 of the Kansas Statutes. It consists of 13 sections, namely:
- Name of act; citation.
- Definitions.
- Scope of act.
- Townhouse units.
- Covenants, conditions and restrictions.
- Declaration; contents.
- Recordation of declaration and legal description; plat not recorded, when.
- Amendments to declaration.
- No exemption from liability.
- Common expenses; liens; foreclosure sale.
- Same; effect of conveyances.
- Insurance coverage; proceeds; blanket coverage.
- Townhouse units unaffected, when.
Kansas Apartment Ownership Act
This Act controls the operation, management, and ownership of apartment associations and condominiums. Associations that wish to be governed by the Act must elect to do so by creating a declaration and recording it with the office of the register of deeds in the corresponding county.
You can find the Kansas Apartment Ownership Act under Chapter 58, Article 31 of the Kansas Statutes. It consists of 32 sections, namely:
- Name of act; citation.
- Definitions.
- Application of act.
- Status of the apartments.
- Ownership of apartments.
- Common areas and facilities.
- Compliance with covenants, bylaws and administrative provisions.
- Certain work prohibited.
- Liens against apartments; removal from lien; effect of part payment.
- Common profits and expenses.
- Contents of declaration.
- Contents of deeds of apartments or condominium units.
- Copy of the floor plans to be filed.
- Blanket mortgages and other blanket liens affecting an apartment at time of first conveyance.
- Recording; plat not recorded, when.
- Conversion of convertible lands.
- Expansion of condominiums.
- Certain sections supplemental to apartment ownership act; certain condominiums unaffected.
- Removal from provisions of this act.
- Removal no bar to subsequent resubmission.
- Bylaws.
- Same; contents.
- Books of receipts and expenditures; availability for examination.
- Waiver of use of common areas and facilities; abandonment of apartment.
- Separate taxation.
- Priority of liens.
- Joint and several liability of grantor and grantee for unpaid common expenses.
- Insurance.
- Disposition of property; destruction or damage.
- Actions.
- Personal application.
- Invalidity of part.
Kansas HOA Laws on Corporate Governance
In Kansas, homeowners associations can organize as non-profit corporations. In that case, the Kansas Corporations Code will apply to them when it comes to the corporate procedure and structure.
You can find the Corporations Code under Chapter 17 of the Kansas Statutes. It consists of the following articles:
- Powers and Duties of Corporations
- Federal Home Loan Bank Members; Savings and Loan Associations
- Home Building and Owning Corporations; Home Surroundings
- Securities
- Uniform Securities Act
- Cemetery Corporations
- Cooperative Societies
- Cooperative Marketing
- Religious, Charitable and Other Organizations
- Telegraph, Telephone and Transmission Lines
- Trust Companies and Business Trusts
- Credit Unions
- Development Credit Corporations; Housing Laws
- Professional Corporations
- Electric Cooperative, Nonprofit, Membership Corporations
- Urban Renewal Law
- Uniform Act for Simplification of Fiduciary Security Transfers
- Uniform Transfer on Death Security Registration Act
- Certain Loans or Investments
- Savings and Loan Code; Definitions
- Savings and Loan Code; Incorporation and Organization
- Savings and Loan Code; Management
- Savings and Loan Code; Capital
- Savings and Loan Code; Powers
- Savings and Loan Code; Supervision
- Savings and Loan Code; Fees
- Savings and Loan Code; Miscellaneous
- Agricultural Corporations
- Formation of Corporations
- Corporate Powers
- Registered Office and Resident Agent
- Directors and Officers
- Stock and Dividends
- Meetings, Elections, Voting and Notices
- Amendments of Articles of Incorporation; Change in Capital or Capital Stock
- Merger or Consolidation
- Dissolution and Disposition of Corporate Assets
- Insolvency; Receivers
- Extension, Renewal or Reinstatement of Corporate Status
- Actions Against Corporations, Directors, Officers or Stockholders
- Close Corporations
- Foreign Corporations
- Miscellaneous Provisions
- Corporate Filings, Reports and Fees
- Limited Liability Companies
- Business Entity Transactions Act
Kansas HOA Laws on Records Inspection
According to K.S.A. 58-4616, homeowners associations must keep a variety of records for 5 years. This includes but is not limited to the following records:
- Accounting records, including detailed receipts and expenditures
- Tax returns for the past three years
- Financial statements for the past three years
- Minutes of all meetings held in open session
- Membership lists
- Most recent annual report
Under Kansas law, HOAs must make these records available to homeowners upon request (10 days’ written notice) and during reasonable business hours. Associations may also charge a reasonable fee for the production of copies of these records.
Kansas HOA Laws on Fair Debt Collection
Similar to the federal Fair Debt Collection Practices Act, Kansas also offers state-level protection to consumers, which homeowners fall under. According to the Kansas Consumer Protection Act, debt collectors may not use any misleading or unethical practices when collecting debts. Keep in mind, though, that the term “debt collector” applies to third-party collectors, such as collection agencies, and not specifically the homeowners association.
Fair Housing
Just like many other states, Kansas has its own Fair Housing laws that function in the same manner as the federal Fair Housing Act. Under the HOA laws of Kansas, homeowners associations must not discriminate against persons based on their race, color, national origin, ancestry, sex, religion, familial status, or disability.
If a homeowner feels they have become the victim of housing discrimination, they can file a complaint with the U.S. Department of Housing and Urban Development or with the Kansas Human Rights Commission. As an alternative, they can also choose to handle the issue privately in federal or state court.
Kansas Rights of Persons With Disabilities
While Fair Housing laws already protect persons with disabilities, Kansas dives deeper into the subject with the Kansas Rights of Persons With Disabilities. Under this article, homeowners associations can’t discriminate against persons with disabilities in public accommodations. This usually applies to common areas and spaces that are open to the public. This law works similarly to the Americans with Disabilities Act.
According to Kansas law, HOAs must allow a disabled person’s specially trained dog into any common area where the owner is allowed. Associations also may not charge extra fees for allowing a service animal into the community. However, if the animal damages association property, the owner will be held liable.
