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.
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:
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:
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:
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:
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:
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.
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.
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.
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.