58-3101 Name of act; citation.
58-3101. Name of act; citation. This act shall be known and may be cited as the “apartment ownership act.” History: L. 1963, ch. 329, § 1; July 1.
58-3102 Definitions.
58-3102. Definitions. As used in this act and the act of which this section is amendatory, unless the context otherwise requires: (a) “Apartment” or “condominium unit” means a part of the property intended for any type of independent use whether residence, office, the operation of any industry or business or other use, including one or […]
58-3103 Application of act.
58-3103. Application of act. This act shall be applicable only to property, the sole owner or all of the owners of which submit the same to the provisions hereof by duly executing and recording a declaration as hereinafter provided. History: L. 1963, ch. 329, § 3; July 1.
58-3104 Status of the apartments.
58-3104. Status of the apartments. Each apartment, together with its undivided interest in the common areas and facilities, shall for all purposes constitute real property. History: L. 1963, ch. 329, § 4; July 1.
58-3105 Ownership of apartments.
58-3105. Ownership of apartments. Each apartment owner shall be entitled to the exclusive ownership and possession of his or her apartment. History: L. 1963, ch. 329, § 5; July 1.
58-3106 Common areas and facilities.
58-3106. Common areas and facilities. (a) Each apartment owner shall be entitled to an undivided interest in the common areas and facilities as expressed in the declaration. The declaration may allocate to each apartment or condominium unit an undivided interest in the common areas and facilities proportionate to either the size or par value of […]
58-3107 Compliance with covenants, bylaws and administrative provisions.
58-3107. Compliance with covenants, bylaws and administrative provisions. Each apartment owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions and restrictions set forth in the declaration or in the […]
58-3108 Certain work prohibited.
58-3108. Certain work prohibited. No apartment owner shall do any work which would jeopardize the soundness or safety of the property, reduce the value thereof or impair any easement or hereditament without in every such case the unanimous consent of all the other apartment owners being first obtained. History: L. 1963, ch. 329, § 8; […]
58-3109 Liens against apartments; removal from lien; effect of part payment.
58-3109. Liens against apartments; removal from lien; effect of part payment. (a) Subsequent to recording the declaration as provided in this act, and while the property remains subject to this act, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against […]
58-3110 Common profits and expenses.
58-3110. Common profits and expenses. The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the undivided interest in the common areas and facilities. History: L. 1963, ch. 329, § 10; L. 1975, ch. 297, § 3; July 1.
58-3111 Contents of declaration.
58-3111. Contents of declaration. The declaration shall contain the following particulars: 1. Description of the land submitted to the provisions of this act. 2. Description of the condominium units or apartments which are constructed or are to be constructed. 3. The apartment number of each apartment or condominium unit, and a statement of its location, […]
58-3112 Contents of deeds of apartments or condominium units.
58-3112. Contents of deeds of apartments or condominium units. Deeds of apartments or condominium units shall include the following particulars: 1. Description of the land as provided in K.S.A. 58-3111, or the post-office address of the property, including in either case the liber, page and date of recording of the declaration. 2. The apartment number […]
58-3113 Copy of the floor plans to be filed.
58-3113. Copy of the floor plans to be filed. Simultaneously with the recording of the declaration there shall be filed in the office of the recording officer a set of the floor plans of the building showing the layout, location, apartment numbers and dimensions of the apartments, stating the name of the building or that […]
58-3114 Blanket mortgages and other blanket liens affecting an apartment at time of first conveyance.
58-3114. Blanket mortgages and other blanket liens affecting an apartment at time of first conveyance. At the time of the first conveyance of each apartment, every mortgage and other lien affecting such apartment, including the percentage of undivided interest of the apartment in the common areas and facilities, shall be paid and satisfied of record, […]
58-3115 Recording; plat not recorded, when.
58-3115. Recording; plat not recorded, when. (a) The declaration, any amendment or amendments thereof, any instrument by which the provisions of this act may be waived, and every instrument affecting the property or any apartment or condominium unit shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless […]
58-3115a Conversion of convertible lands.
58-3115a. Conversion of convertible lands. The declarant may convert all or any portion of any convertible land into one or more condominium units and common areas and facilities subject to any restrictions and limitations which the declaration may specify. Any such conversion shall be deemed to have occurred at the time of the recordation of […]
58-3115b Expansion of condominiums.
58-3115b. Expansion of condominiums. The declarant may expand the condominium by adding land tracts in accordance with the provisions of the declaration and this act. Any such expansion shall be deemed to have occurred at the time of the recordation of the plat of survey and floor plans required by this act, together with an […]
58-3115c Certain sections supplemental to apartment ownership act; certain condominiums unaffected.
58-3115c. Certain sections supplemental to apartment ownership act; certain condominiums unaffected. K.S.A. 58-3115a, 58-3115b and 58-3115c shall be a part of and supplemental to the apartment ownership act. No condominium created prior to the effective date of this act shall be affected by this act without the consent of all of the condominium owners expressed […]
58-3116 Removal from provisions of this act.
58-3116. Removal from provisions of this act. (a) All of the apartment owners may remove a property from the provisions of this act by an instrument to that effect, duly recorded, provided that the holders of all liens affecting any of the apartments consent thereto or agree, in either case by instruments duly recorded, that […]
58-3117 Removal no bar to subsequent resubmission.
58-3117. Removal no bar to subsequent resubmission. The removal provided for in the preceding section shall in no way bar the subsequent resubmission of the property to the provisions of this act. History: L. 1963, ch. 329, § 17; July 1.