Kansas HOA and Condo Laws, in Plain English

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.

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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.

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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.

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