reglab/housing_qa huggingface dataset:
KS Stat § 58-4607 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act|58-4607 Same; arrangements not considered common interest communities.

58-4607. Same; arrangements not considered common interest communities. (a) An arrangement between the associations for two or more common interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement or declarations does not create a separate common interest community.(b) An arrangement between an association and the owner of real estate that is not part of a common interest community to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement does not create a separate common interest community. However, assessments against the units in the common interest community required by the arrangement must be included in the periodic budget for the common interest community, and the arrangement must be disclosed in all public offering statements and resale certificates required by this act.(c) A covenant that requires the owners of separately owned parcels of real estate to share costs or other obligations associated with a party wall, driveway, well, or other similar use does not create a common interest community unless the owners otherwise agree.(d) This section shall take effect on and after January 1, 2011.History: L. 2010, ch. 116, § 7; July 1.
KS Stat § 58-4609 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act|58-4609 Same; officers, board of directors duties; restrictions.

58-4609. Same; officers, board of directors duties; restrictions. (a) In the performance of their duties, officers and members of the board of directors appointed by the declarant shall exercise the degree of care and loyalty to the association required of a trustee. Officers and members of the board of directors not appointed by the declarant shall exercise the degree of care and loyalty to the association required of an officer or director of a corporation organized, and are subject to the conflict of interest rules governing directors and officers, under existing law. The standards of care and loyalty described in this section apply regardless of the form in which the association is organized.(b) An association shall have a board of directors created in accordance with its declaration or bylaws. Except as otherwise provided in the declaration, the bylaws, subsection (c), or other provisions of this act, the board of directors acts on behalf of the association.(c) The board of directors may not:(1) Amend the declaration except as provided by law other than this act;(2) amend the bylaws;(3) terminate the common interest community;(4) elect members of the board of directors, but may fill vacancies in its membership for the unexpired portion of any term or, if earlier, until the next regularly scheduled election of board of directors' members; or(5) determine the qualifications, powers, duties, or terms of office of board of directors' members.(d) This section shall take effect on and after January 1, 2011.History: L. 2010, ch. 116, § 9; July 1.
KS Stat § 58-4610 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act|58-4610 Same; bylaws.

58-4610. Same; bylaws. (a) The bylaws of the association must:(1) Provide the number of members of the board of directors and the titles of the officers of the association;(2) provide for election by the board of directors or, if the declaration requires, by the unit owners, of a president, treasurer, secretary, and any other officers of the association the bylaws specify;(3) specify the qualifications, powers and duties, terms of office, and manner of electing and removing board of directors' members and officers and filling vacancies;(4) specify the powers the board of directors or officers may delegate to other persons or to a managing agent;(5) specify the officers who may prepare, execute, certify, and record amendments to the declaration on behalf of the association;(6) specify a method for the unit owners to amend the bylaws;(7) contain any provision necessary to satisfy requirements in this act or the declaration concerning meetings, voting, quorums, and other activities of the association; and(8) provide for any matter required by law of this state other than this act to appear in the bylaws of organizations of the same type as the association.(b) Subject to the declaration and this act, the bylaws may provide for any other necessary or appropriate matters, including, but not limited to, an election oversight committee and other matters that could be adopted as rules.(c) The requirements of this section shall not apply to an association for a common interest community for a recreational lake development which contains more than 500 units where less than 50% of such units contain a residence.(d) This section shall take effect on and after January 1, 2011.History: L. 2010, ch. 116, § 10; L. 2012, ch. 139, § 2; July 1.
KS Stat § 58-4611 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act|58-4611 Same; association meetings; notice.

58-4611. Same; association meetings; notice. (a) An association shall hold a meeting of unit owners annually at a time, date, and place stated in or fixed in accordance with the bylaws.(b) An association shall hold a special meeting of unit owners to address any matter affecting the common interest community or the association if its president, a majority of the board of directors or unit owners having at least 10%, or any lower percentage specified in the bylaws, of the votes in the association request that the secretary call the meeting. If the association does not notify unit owners of a special meeting within 30 days after the requisite number or percentage of unit owners request the secretary to do so, the requesting members may directly notify all the unit owners of the meeting. Only matters described in the meeting notice required by subsection (c) may be considered at a special meeting.(c) An association shall notify unit owners of the time, date, and place of each annual and special unit owners meeting not less than 10 days or more than 60 days before the meeting date. Notice may be by any method reasonably calculated to provide notice to the person. The notice for any meeting must state the time, date, and place of the meeting and the items on the agenda, including:(1) A statement of the general nature of any proposed amendment to the declaration or bylaws;(2) any budget proposals or changes; and(3) any proposal to remove an officer or member of the board of directors.(d) The minimum time to give notice required by subsection (c) may be reduced or waived for a meeting called to deal with an emergency.(e) Unit owners must be given a reasonable opportunity at any meeting to comment regarding any matter affecting the common interest community or the association.(f) The declaration or bylaws may allow for meetings of unit owners to be conducted by telephonic, video, or other conferencing process, if the alternative process is consistent with subsection (g) of K.S.A. 2021 Supp. 58-4612, and amendments thereto.(g) This section shall take effect on and after January 1, 2011.History: L. 2010, ch. 116, § 11; July 1.
KS Stat § 58-4613 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act|58-4613 Same; quorum requirements; rules of order.

58-4613. Same; quorum requirements; rules of order. (a) Unless the bylaws otherwise provide, a quorum is present throughout any meeting of the unit owners if persons entitled to cast 20% of the votes in the association:(1) Are present in person or by proxy at the beginning of the meeting;(2) have cast absentee ballots solicited in accordance with the association's procedures which have been delivered to the secretary in a timely manner; or(3) are present by any combination of paragraphs (1) and (2).(b) Unless the bylaws specify a larger number, a quorum of the board of directors is present for purposes of determining the validity of any action taken at a meeting of the board of directors only if individuals entitled to cast a majority of the votes on that board are present at the time a vote regarding that action is taken. If a quorum is present when a vote is taken, the affirmative vote of a majority of the board members present is the act of the board of directors unless a greater vote is required by the declaration or bylaws.(c) Except as otherwise provided in the bylaws, meetings of the association must be conducted in accordance with the most recent edition of Roberts' Rules of Order Newly Revised.(d) This section shall take effect on and after January 1, 2011.History: L. 2010, ch. 116, § 13; July 1.
KS Stat § 58-4617 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act|58-4617 Same; rules; adoption procedures; notice.

58-4617. Same; rules; adoption procedures; notice. (a) Before adopting, amending, or repealing any rule, the board of directors shall give all unit owners notice of:(1) Its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change; and(2) a date on which the board of directors will act on the proposed rule or amendment after considering comments from unit owners.(b) Following adoption, amendment, or repeal of a rule, the association shall notify the unit owners of its action and provide a copy of any new or revised rule.(c) An association may adopt rules to establish and enforce construction and design criteria and aesthetic standards if the declaration so provides. If the declaration so provides, the association shall adopt procedures for enforcement of those standards and for approval of construction applications, including a reasonable time within which the association must act after an application is submitted and the consequences of its failure to act.(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.(e) Unit owners may peacefully assemble on the common elements to consider matters related to the common interest community, but the association may adopt rules governing the time, place, and manner of those assemblies.(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.(g) An association's internal business operating procedures need not be adopted as rules.(h) Every rule must be reasonable.(i) This section shall take effect on and after January 1, 2011.History: L. 2010, ch. 116, § 16; July 1.
KS Stat § 58-4618 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act|58-4618 Same; delivery of notice.

58-4618. Same; delivery of notice. (a) Except as provided in subsection (b), an association shall deliver any notice required to be given by the association under this act to any mailing or electronic mail address a unit owner designates. Otherwise, the association may deliver notices by:(1) Hand delivery to each unit owner;(2) hand delivery, United States mail postage paid, or commercially reasonable delivery service to the mailing address of each unit;(3) electronic means, if the unit owner has given the association an electronic address; or(4) any other method reasonably calculated to provide notice to the unit owner.(b) (1) An association for a common interest community for a recreational lake development which contains more than 500 units where less than 50% of such units contain a residence shall comply with subsection (a) when providing notice for an annual meeting.(2) For all other meetings such association shall:(A) Post a notice on the association's website;(B) send a notice by electronic mail to all unit owners who request such notice; and(C) post a sign containing the meeting notice at the main entrance of the common interest community.(c) The ineffectiveness of a good faith effort to deliver notice by an authorized means does not invalidate action taken at or without a meeting.History: L. 2010, ch. 116, § 17; L. 2012, ch. 139, § 3; July 1.
KS Stat § 58-4619 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act|58-4619 Same; board of directors; removal.

58-4619. Same; board of directors; removal. (a) Unit owners present in person, by proxy, or by absentee ballot at any meeting of the unit owners at which a quorum is present, may remove any member of the board of directors and any officer elected by the unit owners, with or without cause, if the number of votes cast in favor of removal exceeds the number of votes cast in opposition to removal, but:(1) A member appointed by the declarant may not be removed by a unit owner vote during the period of declarant control;(2) if a member may be elected or appointed pursuant to the declaration by persons other than the declarant or the unit owners, that member may be removed only by the person that elected or appointed that member; and(3) the unit owners may not consider whether to remove a member of the board of directors or an officer elected by the unit owners at a meeting of the unit owners unless that subject was listed in the notice of the meeting.(b) At any meeting at which a vote to remove a member of the board of directors or an officer is to be taken, the member or officer being considered for removal must have a reasonable opportunity to speak before the vote.(c) This section shall take effect on and after January 1, 2011.History: L. 2010, ch. 116, § 18; July 1.
KS Stat § 58-4620 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act|58-4620 Same; adoption of budget; special assessments.

58-4620. Same; adoption of budget; special assessments. (a) The board of directors shall propose and adopt a budget for the common interest community at least annually. Notice of any meeting at which a budget will be considered must be given to unit owners at least 10 days prior to the meeting date and, in accordance with subsection (g) of K.S.A. 2021 Supp. 58-4612, and amendments thereto, a copy of the proposal must be made available to any unit owner who requests it. At any meeting at which a budget or budget amendment is considered, in accordance with subsection (d) of K.S.A. 2021 Supp. 58-4612, and amendments thereto, unit owners must be given a reasonable opportunity to comment on the proposal prior to the board taking action.(b) The board of directors, at any time, may propose a special assessment. Except as otherwise provided in subsection (c), notice and consideration of any proposed special assessment shall follow the procedures set out in subsection (a).(c) If the board of directors determines by a 2/3 vote of the membership of the board that a special assessment is necessary to respond to an emergency:(1) The special assessment shall become effective immediately in accordance with the terms of the vote;(2) notice of the emergency assessment must be provided promptly to all unit owners; and(3) the board of directors may spend the funds paid on account of the emergency assessment only for the purposes described in the vote.(d) This section shall take effect on and after January 1, 2011.History: L. 2010, ch. 116, § 19; July 1.
KS Stat § 58-4621 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act|58-4621 Same; enforcement of rights.

58-4621. Same; enforcement of rights. (a) A declarant, association, unit owner, or any other person subject to this act may bring an action to enforce a right granted or obligation imposed by this act, the declaration, or the bylaws. The court may award reasonable attorney's fees and costs.(b) Parties to a dispute arising under this act, the declaration, or the bylaws may agree to resolve the dispute by any form of binding or nonbinding alternative dispute resolution, but:(1) A declarant may agree with the association to do so only after the period of declarant control has expired; and(2) an agreement to submit to any form of binding alternative dispute resolution must be in a record authenticated by the parties.(c) The remedies provided by this act shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed.(d) This section shall take effect on and after January 1, 2011.History: L. 2010, ch. 116, § 20; July 1.
KS Stat § 58-4622 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act|58-4622 Same; application of law.

58-4622. Same; application of law. (a) The principles of law and equity, including the law of corporations and any other form of organization authorized by the law of this state, the law of real estate, and the law relative to capacity to contract, principal and agent, eminent domain, estoppel, fraud, misrepresentation, duress, coercion, mistake, receivership, substantial performance, or other validating or invalidating cause supplement the provisions of this act except to the extent inconsistent with this act. If there is a conflict between this act and other law of this state, this act prevails.(b) This section shall take effect on and after January 1, 2011.History: L. 2010, ch. 116, § 21; July 1.
KS Stat § 58-4623 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act|58-4623 Same; act supersedes certain laws.

58-4623. Same; act supersedes certain laws. (a) This act modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. section 7003(b).(b) This section shall take effect on and after January 1, 2011.History: L. 2010, ch. 116, § 22; July 1.
KS Stat § 58-4701 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 47 - Kansas Appraisal Management Company Registration Act|58-4701 Kansas appraisal management company registration act; citation of act.

58-4701. Kansas appraisal management company registration act; citation of act.  The provisions of  K.S.A. 2021 Supp. 58-4701 through 58-4725, and amendments thereto, shall be known and may be cited as the Kansas appraisal management company registration act.History: L. 2012, ch. 93, § 1; July 1.
KS Stat § 58-4702 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 47 - Kansas Appraisal Management Company Registration Act|58-4702 Same; purpose.

58-4702. Same; purpose. (a) It is the intent of the legislature to develop a process for real estate appraisal management company registration and regulation in order to protect lenders, financial institutions, clients, consumers and the public from economic and financial harm and the potential for such harm that may result from interference with the independence, objectivity and impartiality of the real estate appraisal process.(b) The purpose of the Kansas appraisal management company registration act is to provide a process for the registration and regulation of entities conducting, performing or engaging in, or attempting to conduct, perform or engage in, real estate appraisal management services as a real estate appraisal management company within the state of Kansas.History: L. 2012, ch. 93, § 2; July 1.
KS Stat § 58-4705 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 47 - Kansas Appraisal Management Company Registration Act|58-4705 Same; exemptions from registration.

58-4705. Same; exemptions from registration. (a) The registration provisions of this act shall not apply to an AMC that is a subsidiary owned and controlled by a financial institution regulated by a federal financial institutions regulatory agency.(b) The provisions of this act shall not apply to:(1) A person as defined in K.S.A. 2021 Supp. 58-4703, and amendments thereto, who exclusively employs appraisers on an employer and employee basis for the performance of appraisals; or(2) an individual or individuals who are state-certified or state-licensed appraisers in good standing credentialed by the board and who are actively engaged in the practice of real estate appraising and, as a function of the practice, maintain a list of not more than 15 employees who are credentialed appraisers in good standing or independent contractor credentialed appraisers in good standing.History: L. 2012, ch. 93, § 5; July 1.
KS Stat § 58-4706 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 47 - Kansas Appraisal Management Company Registration Act|58-4706 Same; registration period.

58-4706. Same; registration period. (a) The registration period shall commence on October 1 and end on September 30 of the following year. A registration granted by the board may be renewed annually thereafter.(b) To obtain renewal of a registration, the holder shall make application for renewal on a form provided by the board and pay the fee prescribed pursuant to  K.S.A. 2021 Supp. 58-4708, and amendments thereto, not earlier than 120 days nor later than 30 days prior to the expiration date of the registration.(c) If the holder of the registration fails to apply for renewal prior to the date of expiration, the holder may obtain renewal of the registration if the holder, not later than three months after expiration of the registration, pays the renewal and late renewal fees prescribed pursuant to  K.S.A. 2021 Supp. 58-4708, and amendments thereto.History: L. 2012, ch. 93, § 6; July 1.