Kansas
Kansas HOA and Condo Resale Package (Resale Certificate): Fees, Deadlines, and How to Order
No Kansas statute requires a resale package, but title companies and lenders still ask for one before closing. Associations furnish it under their governing documents, and a related statute gives the association 10 days to state what a home owes.
Free for the resale platform. No contract to sign.
Kansas Resale Package
Example Prairie Owners Association
Regular assessment
$225.00 monthly
Reserve balance
$152,400.00
Master insurance
Certificate on file
Due to the requester
Within 10 days
Kansas at a glance
- What Kansas calls it
- Resale Package
- Fee cap
- No fixed dollar cap
- Delivery deadline
- 10 days where the statute sets one
- Buyer's right to cancel
- No statutory right tied to this document
Also called: resale certificate, HOA resale certificate. If you were told to get a Kansas resale certificate, or a KS resale certificate as closing agents write it, for a home in an HOA or a condominium, this is that document. It has nothing to do with the sales tax resale certificate a retailer files with the state.
What each Kansas act sets
Kansas has 3 sets of rules, and which one applies depends on how the community was created. Havn asks once which act governs a community, then applies that act's limits to every order.
K.S.A. 58-3124
Apartment Ownership Act. Applies to condominiums.
- Required by statute
- No. Furnished under the governing documents.
- Fee
- No fixed dollar cap
- Deadline
- None set
K.S.A. 58-3711
Townhouse Ownership Act. Applies to HOAs and planned communities.
- Required by statute
- No. Furnished under the governing documents.
- Fee
- No fixed dollar cap
- Deadline
- None set
K.S.A. 58-4616
KUCIOBORA. Applies to condominiums, HOAs and planned communities, and cooperatives.
- Required by statute
- No. Furnished under the governing documents.
- Fee
- No fixed dollar cap
- Deadline
- 10 days from the request
Kansas HOA laws on resale documents, in plain words
Each entry links to the official text. Read the statute itself before relying on a summary.
K.S.A. 58-3101 (Apartment Ownership Act)
Kansas's original condominium statute, in force since 1963, sets out how a condominium (termed an apartment in the act) is created and run through a recorded declaration and bylaws, covering unit and common area ownership, assessments and the resulting lien, insurance, and association records. It has no statutory resale certificate or disclosure package, so resale documentation and any fees are left to the community's own governing documents. Applies to condominiums formed under this act.
K.S.A. 58-3124 (Liability for unpaid common expenses on conveyance)
When a condominium unit is sold, this section lets the buyer request a statement from the association's manager or board showing the seller's unpaid common expense assessments, and caps the buyer's liability at the amount that statement discloses. It functions as the Apartment Ownership Act's payoff or estoppel mechanism for resales.
K.S.A. 58-3701 (Townhouse Ownership Act)
A separate Kansas statute, in force since 1975, that lets communities of attached townhouse units elect coverage through a recorded declaration, addressing declaration content, common expense assessments and liens, and insurance. Like the Apartment Ownership Act, it imposes no statutory resale disclosure certificate, so resale documentation and fees follow the community's governing documents. Applies to townhouse developments formed under this act.
K.S.A. 58-3711 (Effect of Conveyances)
Parallel to the Apartment Ownership Act, this section entitles a buyer of a townhouse unit to a statement from the association's board disclosing the seller's unpaid common expense assessments, and limits the buyer's joint liability to the amount stated. It is the Townhouse Ownership Act's payoff or estoppel mechanism for unit sales.
K.S.A. 58-4601 (KUCIOBORA)
The Kansas Uniform Common Interest Owners Bill of Rights Act, effective January 1, 2011, sets mandatory governance rules for every common interest community of 12 or more units that may be used for residential purposes (condominiums, planned communities, and cooperatives), including communities created before 2011 for events after that date: association duties and board standards, bylaws, meetings and open board meetings, voting, rules adoption, notices, budgets and special assessments, record keeping and owner access, and enforcement. It contains no resale certificate, disclosure, or statement of unpaid assessments provision; the conveyance statements stay in the Apartment Ownership Act and the Townhouse Ownership Act.
K.S.A. 58-4616 (Records and copy fees)
Requires a KUCIOBORA association to retain its accounting records, minutes and records of actions, owner list, organizational documents and bylaws and rules, three years of financial statements and tax returns, board and officer lists, its latest annual report, current contracts, architectural decisions, and voting records, and to make them available to a unit owner or the owner's authorized agent for examination and copying during reasonable hours on 10 days' written notice reasonably identifying the records, with executive session, litigation, personnel, negotiation, and other owners' files withheld. The association may charge a reasonable fee for copies and for supervising the inspection, may deliver copies electronically on request, and need not compile or synthesize information.
The notice Havn prints on every Kansas resale package
Every Kansas document Havn prepares carries a notice that tells the reader where the document comes from and what Kansas law says about it. This is the wording, act by act.
K.S.A. 58-3124Condominiums
No Kansas statute requires this resale package or prescribes a resale certificate for condominiums. This package is furnished under the condominium declaration, bylaws, and rules. The statement of unpaid assessments included in this package is the statement K.S.A. 58-3124 entitles the grantee of an apartment to receive from the manager or board of directors. In a voluntary conveyance the grantee is jointly and severally liable with the grantor for all unpaid assessments against the grantor for the grantor's share of the common expenses up to the time of the conveyance. The grantee is not liable for, and the apartment conveyed is not subject to a lien for, any unpaid assessments against the grantor in excess of the amount set forth in that statement, and the grantee keeps the right to recover from the grantor any amounts the grantee pays. Association records may also be available to a unit owner or the owner's authorized agent for examination and copying under K.S.A. 58-4616. The information in this package is current as of its issue date.
K.S.A. 58-3711HOAs and planned communities
No Kansas statute requires this resale package or prescribes a resale certificate for townhouse communities. This package is furnished under the townhouse declaration, bylaws, and rules. The statement of unpaid assessments included in this package is the statement K.S.A. 58-3711 entitles the grantee of a townhouse unit to receive from the board of directors of the association. In a voluntary conveyance the grantee is jointly and severally liable with the grantor for all unpaid assessments against the grantor for the grantor's share of the common expenses up to the time of the conveyance. The grantee is not liable for, and the townhouse unit conveyed is not subject to a lien for, any unpaid assessments against the grantor in excess of the amount set forth in that statement, and the grantee keeps the right to recover from the grantor any amounts the grantee pays. Association records may also be available to a unit owner or the owner's authorized agent for examination and copying under K.S.A. 58-4616. The information in this package is current as of its issue date.
K.S.A. 58-4616Condominiums, HOAs and planned communities, and cooperatives
No Kansas statute requires this resale package or prescribes a resale certificate. For a common interest community of 12 or more units that may be used for residential purposes and created on or after January 1, 2011 (K.S.A. 58-4605), this package carries the association records that K.S.A. 58-4616 requires the association to retain and to make available to a unit owner or the owner's authorized agent for examination and copying during reasonable business hours or at a mutually convenient time and location, on 10 days' written notice reasonably identifying the specific records requested, for a reasonable fee for copies and for supervising the inspection. Those records include the organizational documents, bylaws, and rules, the financial statements and tax returns for the past three years, the minutes of owner and board meetings, current contracts, and the names and addresses of the board members and officers. The association is not required to compile or synthesize information, and K.S.A. 58-4616(c) permits the association to withhold records to the extent they concern personnel, salary and medical records, contracts under negotiation, existing or potential litigation or proceedings, attorney-client communications, information protected by other law, executive session records, and individual unit files other than the requesting owner's. Separately, if this community is a condominium under the Apartment Ownership Act, the grantee is entitled on a voluntary conveyance under K.S.A. 58-3124 to a statement of the grantor's unpaid common expense assessments, and if it is a townhouse community under the Townhouse Ownership Act, the grantee is entitled to that statement under K.S.A. 58-3711. The grantee is jointly and severally liable with the grantor for those assessments but is not liable for, and the unit is not subject to a lien for, any amount in excess of the amount set forth in that statement, and the grantee keeps the right to recover from the grantor any amounts the grantee pays. The amounts stated in this package are the association's statement of the account as of the issue date. The information in this package is current as of its issue date.
Kansas resale package: common questions
What is a Kansas resale package?
It is the package a Kansas association puts together when a home in the community is sold: what the home owes, plus the association's budget, insurance, and governing documents. No Kansas statute prescribes it, so its contents follow the governing documents and what the closing asks for.
How much does a Kansas resale package cost?
Kansas sets no dollar cap and no statute governs the fee, so the governing documents and the management contract decide it.
How long does a Kansas association have to provide a resale package?
10 days where the statute sets one, counted from the request.
Is a resale package required in Kansas?
No Kansas statute requires a resale package. Buyers, lenders, and title companies still ask for one, and associations furnish it under their governing documents.
Can a buyer cancel after receiving a Kansas resale package?
Kansas law ties no cancellation right to this document. Any right to cancel comes from the purchase contract or from other disclosure laws.
Who pays for the resale package in Kansas?
Whoever orders it pays the association's fee, usually the seller or the closing agent on the seller's behalf, and the purchase contract can move the cost to the buyer.
What is included in a Kansas resale package?
What the home owes the association, the fees due at closing, the budget and reserves, the insurance the association carries, pending lawsuits, and the governing documents.
How do I get a resale package in Kansas?
Ask the association, or its management company if it has one. Many take the request through an online order page and deliver by email. Once asked, a Kansas association has 10 days where the statute sets one. A buyer should ask the seller or the closing agent to order it.
Is this the same as a Kansas sales tax resale certificate?
No. A sales tax resale certificate is a form a retailer gives a supplier so it can buy goods without paying sales tax. It shares a name and nothing else. This page is about the HOA document used when a home is sold.
How Kansas compares with its neighbors
Management companies that work across state lines meet a different rule on each side. Kansas: no fixed dollar cap, 10 days where the statute sets one.
Missouri
Resale Certificate
No fixed dollar cap
10 days
Required by statute
Colorado
Status Letter
No fixed dollar cap
14 days
Required by statute
Oklahoma
Resale Package
No fixed dollar cap
No statutory deadline
Not required by statute
Nebraska
Resale Certificate
No fixed dollar cap
10 days
Required by statute
See all 51 jurisdictions on the map, compare every state in the fee and deadline table, or read about lender questionnaires, estoppel letters, and demand letters.
Your next Kansas resale package could write itself.
The resale platform is free for the association. The requester pays for the document. No contract to sign.