Kansas HOA Laws

Kansas HOA Laws

Last Updated: June 16, 2023 by Corrin Swintosky

Many planned communities are managed by a homeowners association (HOA) in Kansas. The laws governing HOAs in Kansas are established by various local, state, and federal regulations, in addition to each individual HOA’s governing documents.

Who Regulates HOAs in Kansas?

In Kansas, HOAs are governed by the Kansas Uniform Common Interest Owners Bill of Rights Act found in Chapter 58 Article 46 of the Kansas Statutes. This act establishes the rights and duties of unit owners and associations for effective operations.

While every HOA has its own individualized structure, the governing documents usually include: Articles of Incorporation, Bylaws, Conditions and Restrictions, Declaration of Covenants, and other rules.

HOAs in Kansas may be subject to applicable federal laws such as:

HOAs may be subject to certain state laws such as:

How to Find HOA Regulations in Kansas

HOA bylaws are not public records and are only accessible to members and unit owners of the HOA. Records filed with the Kansas Secretary of State can be accessed online by using the Business Entity Search. These records include the Articles of Incorporation and other annual reports.

HOA Powers in Kansas

In Kansas, HOAs have the power to:

  • Suspend rights to common elements
  • Regulate common areas
  • Collect fees for maintenance of common areas

Moreover, an HOA’s governing documents can grant added powers such as restrictions on membership, parking, fencing, and exterior paint colors.

Can an HOA Impose Fines on a Homeowner in Kansas?

In Kansas, HOAs can impose liens on a homeowner for the maintenance and repair of common areas. Usually, HOAs are also able to impose fines for late payment of assessments that are used to cover unexpected costs to the HOA property.

The amount, type, and notice requirements for any fines will be listed in the HOA’s governing documents.

An HOA cannot fine a homeowner for (or generally prohibit) any of the following:

  • Installing satellite dishes and antennas
  • Displaying the American Flag and the State of Kansas so long as it is consistent with federal law
  • Displaying signs for candidates of public office or of the association

The governing documents of an HOA may include reasonable rules and regulations about the placement, manner, and display of the American flag, the State of Kansas flag, campaign signs, and satellite dishes and antennas.

Can an HOA Take a Homeowner’s House in Kansas?

No state provision that specifically governs the power of an HOA to take a homeowner’s house. However, there is a general statute that governs liens and foreclosures for real property in Kansas.

If a lien is placed on a property for unpaid fines, it has to be recorded with the office of the register of deeds. Once the lien has been recorded, the property can be foreclosed on from any legal action necessary to enforce the lien.

There is also no state provision regarding evicting tenants or homeowners by an HOA. However, if an HOA directly leases a residence to a tenant, they may be able to evict the tenant if the lease was not properly authorized by the HOA.

Otherwise, the HOA may have other powers or restrictions about rental properties in its governing documents.

Can an HOA Enter a Homeowner’s Property in Kansas?

An HOA can enter a homeowner’s property to regulate a violation of any rule or regulation listed in the declaration in Kansas. Additionally, an HOA may be able to enter a homeowner’s property in case of emergency, maintenance, or violation of any rules or regulations.

Except in the case of an emergency, reasonable notice should be provided to the homeowner before the HOA is to enter the property. A reasonable timeline can range depending on the reason for entry between three days and a couple of weeks.

Where Do Homeowners File Complaints Against Their HOA in Kansas?

Where to file a complaint against an HOA in Kansas depends on the type of complaint.

For complaints concerning HOA fees, a homeowner can file a complaint with the Kansas Attorney General, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.

For complaints of housing discrimination, they can file a complaint with the Kansas Human Rights Commission, the U.S. Department of Urban Housing, or file a private lawsuit in Kansas state or federal court.

Alternatively, a homeowner with any other complaints can bring a claim in state court in the appropriate county.

Joining and Leaving an HOA in Kansas

The Kansas Statutes do not address joining or leaving an HOA. These procedures are determined by the HOA’s governing documents. Documents explaining the HOA and its membership rules should be presented at the closing for a new owner’s home purchase.

Usually, there are two types of HOAs that regulate joining and leaving clauses:

  • Mandatory HOAs. When a person buys a home, they automatically become a member required to abide by any HOA rules listed in the governing documents. This usually includes that a homeowner is not able to leave the HOA freely.
  • Voluntary HOAs. When a person buys a home, membership is a choice for each homeowner. If they choose to become a member, they may leave at any time by stopping their payments with the HOA.

To leave a mandatory HOA, a homeowner can sell their house or try to petition the court to have their home removed. However, there is no guarantee the petition will be granted.

How to Dissolve an HOA in Kansas

The process for dissolution of an HOA in Kansas may be set forth in the HOA’s governing documents. If it is not, the majority of HOA members must approve dissolution by a vote at an HOA meeting.

If approved, an HOA is required to pay off all debts and distribute all assets. After distribution, an HOA must file a certificate stating the majority vote with the Kansas Secretary of State.