HOA LAWS AND REGULATIONS
Federal laws - In addition to state law regulations, the federal government has laws that govern the operation of homeowners' associations, condominiums, and other residential properties in the state of Kansas.
Kansas Uniform Common Interest Owners’ Bill of Rights Act (“KUCIOBORA”), K.S.A. §§ 58-4601 through K.S.A. 58-4623. The Act was enacted on January 1, 2011, to provide a legal framework for the operation and management of common interest communities (homeowners’ associations, condominiums, and cooperatives) to ensure the rights of homeowners and fair and effective operation of these private communities.
Recommended Reading:
Frobish v. Cedar Lakes Village Condominium Association, 353 P.3d 469 (Kan. Ct. App. 2015).
Hildenbrand v. Avingnon Villa Homes Community Association, Inc., 383 P.3d 195 (2016).
Kansas Townhouse Ownership Act, K.S.A. §§ 58-3701 through K.S.A. 58-3713. The Act governs the formation, operation, and management of associations of townhouse owners as defined in K.S.A. 58-3702. An association opts-in to the Act by recording a declaration (covenants and restrictions) expressly electing to be governed by the Act.
Kansas Apartment Ownership Act, K.S.A. §§ 58-3101 through K.S.A. 58-3129. The Act governs the ownership, management, and operation of associations of apartment owners (condominiums and apartments), which expressly elect to be governed by the Act by recording a declaration with the office of the register of deeds in the county where the real estate is located.
Kansas Corporations Code, Chapter 17, Corporations, et seq. The Kansas statutes annotated under this chapter govern nonprofit corporations in Kansas. If an association is organized as a nonprofit corporation, it will be governed by this chapter, specifically concerning corporate structure and procedure. Visit the Kansas Secretary of State to verify an association's corporate status.
Kansas Act Against Discrimination, K.S.A. §§ 44-1001 through K.S.A. 44-1044. The Act protects people's right to have access to all housing opportunities without discrimination based on race, religion, color, sex, disability, familial status, national origin, or ancestry (§§ 44-1016, 44-1002, 44-1015). See also K.S.A. §§ 39-1102, 39-1113. These state-level protections are similar to the federal Fair Housing Act (FHA). Victims of housing discrimination may file a complaint with the Kansas Human Rights Commission, HUD, or file a private lawsuit in federal or state court.
Recommended Reading:
Kansas Rights of Persons With Disabilities, K.S.A. §§ 39-1101 through K.S.A 39-1113. The law prohibits discrimination against persons with disabilities in public accommodations similar to the Americans with Disability Act (“ADA”), so its application is usually limited to publicly-accessible commons areas in the community.
Under the Kansas law, specially trained dogs belonging to a disabled person must be permitted into any common area in which the owner is permitted. Extra charges for a service animal are not permitted, but the owner is liable for any damage done to the premises. See §§ 39-1102, 1107, 1108. The Kansas Human Rights Commission is responsible for enforcing Kansas' law, and the United States Department of Justice Civil Rights Division enforces the ADA.
Recommended Reading:
Kansas Consumer Protection Act (KCPA), Kan. Stat. Ann. §§ 50-623 to 50-644. The Act prohibits "suppliers" (debt creditors and collectors) from using deceptive or unconscionable acts and practices when attempting to collect a debt. The Act offers state-level protections similar to the federal Fair Debt Collection Practices Act (FDCPA). Victims of debt collection practices prohibited by the KCPA can file a complaint against the violating debt collector with the Kansas Attorney General's Office or the Federal Trade Commission.
Recommended Reading:
State ex Rel. Miller v. Midwest Serv. Bur. of Topeka, 229 Kan. 322 (Kan. 1981).
Omran v. Beach Forest Subdivision Ass'n, Inc., Case No. 12-10116 (E.D. Mich. May. 11, 2012). The Court held that fines imposed by a homeowners association do not create a debt as defined by the FDCPA.
Durso v. Summer Brook Preserve Homeowners Ass'n, 641 F. Supp. 2d 1256 (M.D. Fla. 2008). Holding that fines assessed by a homeowners' association for violation of the community rules do not create a "debt" under the FDCPA.
GOVERNMENT AGENCIES
Federal Agencies - List of federal agencies with oversight authority over homeowners’ associations.
Kansas Human Rights Commission is responsible for enforcing the state’s civil rights laws, including the Kansas Act Against Discrimination and Kansas Rights of Persons With Disabilities. Victims of housing discrimination can file a complaint with this agency or HUD. Victims may also file a private lawsuit in the federal district court.
Kansas Attorney General administers and enforces Kansas' consumer protection laws, including the KCPA. Individuals experiencing deceptive or unconscionable debt collection practices can file a complaint against the debt collector with the Attorney General, the Federal Trade Commission, or Consumer Financial Protection Bureau.
Kansas Government Portal - Search for government information by topic and agency.
Kansas Real Estate Commission - Search for a real estate licensee in Kansas.
HOA INFORMATION AND DOCUMENTS
Homeowners' Association Directory - Find the association’s contact information, list of active board members, articles of incorporation, and other important corporation information by searching under the subdivision or community name.
Kansas Parcel Map - Find legal information for a property or subdivision.
Kansas Recorded Document Search - Visit your county recorder's office to find HOA documents, like CC&Rs, Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens, and Judgments. Search under the subdivision or community name.
LEGAL RESOURCES
Kansas Legislature - Search your state representative and the legislation (or, "statutory law") database.
Kansas Office of Revisor of Statutes - The attorneys of this office draft bills and legislation, among other things. The office is also responsible for publishing the Kansas Statutes Annotated.
Alternative Dispute Resolution - Mediation and arbitration can be helpful when conflict arises in a homeowners association. The Kansas Judicial Branch provides access to local civil mediators and applicable court rules. The American Arbitration Association also provides dispute resolution resources and information.
Kansas State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, and free or low-cost legal services.
Kansas Judicial Branch - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.
Kansas Legal Services - The office is a nonprofit Kansas corporation that offers basic legal help to low-income individuals. See also the Program for Seniors.
SOLAR RIGHTS AND EASEMENTS
Creation of Solar Easements; Recordation, Kan. Stat. Ann. § 58-3801. The statute provides that any easement obtained for exposure of a solar energy device must be created in writing and recorded with the register of deeds of the county where the property is located. See also Kan. Stat. Ann. § 58-3802.
Google Project Sunroof - Check your roof and discover your solar savings potential.
Kansas Energy Office - The agency provides information and resources related to energy conservation and efficiency.