58-4601. Kansas uniform common interest owners bill of rights act; findings; purpose. (a) K.S.A. 2021 Supp. 58-4601 through 58-4614 and 58-4616 through 58-4623, and amendments thereto, shall be known as the Kansas uniform common interest owners bill of rights act. (b) The legislature finds as a matter of public policy: (1) That a significant and […]
58-4602. Same; definitions. As used in this act: (a) “Assessment” means the sum attributable to each unit and due to the association pursuant to the budget adopted under K.S.A. 2021 Supp. 58-4620, and amendments thereto. (b) “Association” means the unit owners association. (c) “Board of directors” means the body, regardless of name, designated in the […]
58-4603. Same; provisions mandatory. (a) Except as expressly provided in this act, the provisions of this act shall be mandatory and apply notwithstanding contrary provisions in the declaration or bylaws of a common interest community and shall not be varied or waived by agreement. (b) This section shall take effect on and after January 1, […]
58-4604. Same; duty of good faith. (a) Every contract or duty governed by this act imposes an obligation of good faith in its performance or enforcement. (b) This section shall take effect on and after January 1, 2011. History: L. 2010, ch. 116, § 4; July 1.
58-4605. Same; application of act. (a) This act, and amendments thereto, apply to all common interest communities that contain 12 or more units that may be used for residential purposes and are created within this state after the effective date of this act. (b) This section shall take effect on and after January 1, 2011. […]
58-4606. Same; prospective application; supersedes existing provisions. (a) This act, and amendments thereto, apply to all common interest communities that contain 12 or more units that may be used for residential purposes created in this state before the effective date of this act; but this act, and amendments thereto, do not apply with respect to […]
58-4607. Same; arrangements not considered common interest communities. (a) An arrangement between the associations for two or more common interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement or declarations does not create a separate common interest community. […]
58-4608. Same; association duties; restrictions; board of directors discretion. (a) The association shall: (1) Adopt and may amend bylaws and may adopt and amend rules; (2) adopt and may amend budgets; (3) have the power to require that disputes between the association and unit owners or between two or more unit owners regarding the common […]
58-4609. Same; officers, board of directors duties; restrictions. (a) In the performance of their duties, officers and members of the board of directors appointed by the declarant shall exercise the degree of care and loyalty to the association required of a trustee. Officers and members of the board of directors not appointed by the declarant […]
58-4610. Same; bylaws. (a) The bylaws of the association must: (1) Provide the number of members of the board of directors and the titles of the officers of the association; (2) provide for election by the board of directors or, if the declaration requires, by the unit owners, of a president, treasurer, secretary, and any […]
58-4611. Same; association meetings; notice. (a) An association shall hold a meeting of unit owners annually at a time, date, and place stated in or fixed in accordance with the bylaws. (b) An association shall hold a special meeting of unit owners to address any matter affecting the common interest community or the association if […]
58-4612. Same; open meetings; executive session restrictions; copies of materials to owners; declarant control, special procedures. (a) Meetings of the board of directors and committees of the association authorized to act for the association must be open to the unit owners except during executive sessions. The board of directors and those committees may hold an […]
58-4613. Same; quorum requirements; rules of order. (a) Unless the bylaws otherwise provide, a quorum is present throughout any meeting of the unit owners if persons entitled to cast 20% of the votes in the association: (1) Are present in person or by proxy at the beginning of the meeting; (2) have cast absentee ballots […]
58-4614. Same; unit owner voting procedures. (a) Unless prohibited or limited by the declaration or bylaws, unit owners may vote at a meeting in person, by secret ballot, by absentee ballot pursuant to subsection (b)(4), by a proxy pursuant to subsection (c), or, when a vote is conducted without a meeting, by electronic or paper […]
58-4616. Same; record keeping requirements; records open to unit owners; copy fees. (a) The association, or its agents, must retain the following for five years unless otherwise provided: (1) Detailed records of receipts and expenditures affecting the operation and administration of the association and other appropriate accounting records; (2) minutes of all meetings of its […]
58-4617. Same; rules; adoption procedures; notice. (a) Before adopting, amending, or repealing any rule, the board of directors shall give all unit owners notice of: (1) Its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change; and (2) a date on which the board of […]
58-4618. Same; delivery of notice. (a) Except as provided in subsection (b), an association shall deliver any notice required to be given by the association under this act to any mailing or electronic mail address a unit owner designates. Otherwise, the association may deliver notices by: (1) Hand delivery to each unit owner; (2) hand […]
58-4619. Same; board of directors; removal. (a) Unit owners present in person, by proxy, or by absentee ballot at any meeting of the unit owners at which a quorum is present, may remove any member of the board of directors and any officer elected by the unit owners, with or without cause, if the number […]
58-4620. Same; adoption of budget; special assessments. (a) 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 […]
58-4621. Same; enforcement of rights. (a) A declarant, association, unit owner, or any other person subject to this act may bring an action to enforce a right granted or obligation imposed by this act, the declaration, or the bylaws. The court may award reasonable attorney’s fees and costs. (b) Parties to a dispute arising under […]
