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:
- Kansas Townhouse Ownership Act
- Kansas Apartment Ownership Act
- Kansas Corporations Code
- Kansas Acts Against Discrimination
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.
Sources
- 1 Kansas Nonprofit Bylaws
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Unlike your Kansas Articles of Incorporation, your bylaws don’t need to be filed with the Kansas Secretary of State. However, having strong bylaws sets your nonprofit up for success in the long run.
Source Link - 2 Kan. Stat. § 58-4616
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(b) Subject to subsections (c) through (g), all records retained by an association must be available for examination and copying by a unit owner or the owner’s authorized agent: (1) During reasonable business hours or at a mutually convenient time and location; and (2) upon 10 days’ written notice reasonably identifying the specific records of the association requested.
Source Link - 3 Kan. Stat. § 58-4608
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(6) have the power to suspend any right or privilege of a unit owner that fails to pay an assessment, but may not: (A) Deny a unit owner or other occupant access to the owner’s unit.
Source Link - 4 Kan. Stat. § 58-4602
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(f) ”Common interest community” means real estate described in a declaration with respect to which a person, by virtue of the person’s ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements, other units, or other real estate described in that declaration.
Source Link - 5 Over-the-Air Reception Devices Rule (OTARD Rule)
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 6 Kan. Stat. § 58-4617
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(d) A rule regulating display of the flag of the United States must be consistent with federal law. In addition, the association may not prohibit display on a unit or on a limited common element adjoining a unit of the flag of this state, or signs regarding candidates for public or association office or ballot questions. The association may adopt rules governing the time, place, size, number, and manner of those displays that are not inconsistent with K.S.A. 58-3820, and amendments thereto.
Source Link - 7 Kan. Stat. § 58-202
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Such lien may be enforced and foreclosed as security agreements are enforced under the provisions of the uniform commercial code. Any legal action necessary to enforce or foreclose upon any such lien filed in the office of the register of deeds shall be brought within one year of the date such lien was filed, and unless such action is brought within such time, such lien shall be deemed to have been abandoned and shall be thereafter void.
Source Link - 8 Kan. Stat. § 58-4617
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(f) Association rules that affect the use of or behavior in units that may be used for residential purposes, shall be adopted only to: (1) Implement a provision of the declaration; or (2) regulate any behavior in or occupancy of a unit which violates the declaration or adversely affects the use and enjoyment of other units or the common elements by other unit owners.
Source Link - 9 When You Must Allow an HOA Representative to Enter Your Unit
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…an HOA representative can enter an owner’s unit in emergency situations, or for health and safety reasons… Many HOAs also have the right to enter an owner’s unit to maintain common elements… An HOA might also have the right to enter an owner’s unit to inspect for a violation of the development’s rules or regulations. Normally this is allowed only if the HOA has good reason to believe a violation is occurring… State statutes commonly require that HOAs provide an owner with “reasonable” notice. What’s considered “reasonable” depends on the situation. For example, prior notice of between three days and a week might be reasonable for an HOA wishing to enter an owner’s unit to perform periodic common area maintenance… if immediate entrance is necessary for health or safety reasons (such as if there is a fire in the unit), minimal or no notice is probably acceptable.
Source Link - 10 Can you refuse to join an HOA?
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… membership in voluntary HOAs is optional… If you enter into a voluntary HOA, you can leave whenever you want by stopping your payments, although you’ll stop receiving the benefits of the HOA… When you buy a house in a community governed by a mandatory HOA, you automatically become a dues-owing HOA member. When you become a member, you stay a member for as long as you own the property or until the HOA is dissolved (which is very rare). At your home’s closing, you will have to sign documents agreeing to abide by the HOAs rules and pay any assessments, fees, or fines associated with the HOA or incurred by violating HOA rules…. Unless you can gain enough support in your community to let you leave the HOA voluntarily, you will have to hire an attorney to try to convince a judge that you should be allowed to leave.
Source Link - 11 Kan. Stat. § 17-6806
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No corporation shall be dissolved under this act until all corporate fees due to or accessible by the state have been paid by the corporation.
Source Link - 12 Kan. Stat. § 17-6805
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(b) If a nonstock corporation has not commenced the business for which the corporation was organized, a majority of the governing body or, if none, a majority of the incorporators may surrender all of the corporation’s rights and franchises by filing in the office of the secretary of state a certificate, executed by a majority of the incorporators or governing body, conforming as nearly as may be to the certificate prescribed by K.S.A. 17-6803, and amendments thereto.
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