reglab/housing_qa huggingface dataset:
KS Stat § 58-3123 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 31 - Apartment Ownership Act|58-3123 Priority of liens.

58-3123. Priority of liens. (a) All sums assessed by the association of apartment owners but unpaid for the share of the common expenses chargeable to any apartment shall constitute a lien on such apartment prior to all other liens except only (i) tax liens on the apartment in favor of any assessing unit and special district, and (ii) all sums unpaid on a first mortgage of record. Such lien may be foreclosed by suit by the manager or board of directors, acting on behalf of the apartment owners, in like manner as a mortgage of real property. In any such foreclosure the apartment owner shall be required to pay a reasonable rental for the apartment, if so provided in the bylaws, and the plaintiff in such foreclosure shall be entitled to the appointment of a receiver to collect the same. The manager or board of directors, acting on behalf of the apartment owners, shall have power, unless prohibited by the declaration, to bid in the apartment at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same.(b) Where the mortgagee of a first mortgage of record or other purchaser of an apartment obtains title to the apartment as a result of foreclosure of the first mortgage, such acquirer of title, his or her successors and assigns, shall not be liable for the share of the common expenses or assessment by the association of apartment owners chargeable to such apartment which become due prior to the acquisition of title to such apartment by such acquirer. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the apartment owners including such acquirer, his or her successors and assigns.History: L. 1963, ch. 329, § 23; July 1.
KS Stat § 58-3124 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 31 - Apartment Ownership Act|58-3124 Joint and several liability of grantor and grantee for unpaid common expenses.

58-3124. Joint and several liability of grantor and grantee for unpaid common expenses. In a voluntary conveyance the grantee of an apartment shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his or her share of the common expenses up to the time of the grant or conveyance, without prejucice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any such grantee shall be entitled to a statement from the manager or board of directors, as the case may be, setting forth the amount of the unpaid assessments against the grantor and such grantee shall not be liable for, nor shall the apartment conveyed be subject to a lien for, any unpaid assessments against the grantor in excess of the amount therein set forth.History: L. 1963, ch. 329, § 24; July 1.
KS Stat § 58-3125 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 31 - Apartment Ownership Act|58-3125 Insurance.

58-3125. Insurance. The manager of the board of directors, if required by the declaration, bylaws or by a majority of the apartment owners, or at the request of a mortgagee having a first mortgage of record covering an apartment, shall have the authority to, and shall, obtain insurance for the property against loss or damage by fire and such other hazards under such terms and for such amounts as shall be required or requested. Such insurance coverage shall be written on the property in the name of such manager or of the board of directors of the association of apartment owners, as trustee for each of the apartment owners in the percentages established in the declaration. Premiums shall be common expenses. Provision for such insurance shall be without prejudice to the right of each apartment owner to insure his or her own apartment for his or her benefit.History: L. 1963, ch. 329, § 25; July 1.
KS Stat § 58-3126 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 31 - Apartment Ownership Act|58-3126 Disposition of property; destruction or damage.

58-3126. Disposition of property; destruction or damage. If, within one hundred twenty (120) days of the date of the damage or destruction to all or part of the property, it is not determined by the association of apartment owners to repair, reconstruct or rebuild, then and in that event:(a) The property shall be deemed to be owned in common by the apartment owners;(b) The undivided interest in the property owned in common which shall appertain to each apartment owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities;(c) Any liens affecting any of the apartments shall be deemed to be transferred in accordance with the existing priorities to the percentage of the undivided interest of the apartment owner in the property as provided herein; and(d) The property shall be subject to an action for partition at the suit of any apartment owner, in which event the net proceeds of sale together with the net proceeds of the insurance on the property, if any, shall be considered as one fund and shall be divided among all the apartment owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the apartment owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each apartment owner.History: L. 1963, ch. 329, § 26; July 1.
KS Stat § 58-3127 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 31 - Apartment Ownership Act|58-3127 Actions.

58-3127. Actions. Without limiting the rights of any apartment owner, actions may be brought by the manager or board of directors, in either case in the discretion of the board of directors, on behalf of two or more of the apartment owners, as their respective interest may appear, with respect to any cause of action relating to the common areas and facilities of more than one apartment. Service of process on two or more apartment owners in any action relating to the common areas and facilities of more than one apartment may be made on the person designated in the declaration to receive service of process.History: L. 1963, ch. 329, § 27; July 1.
KS Stat § 58-3128 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 31 - Apartment Ownership Act|58-3128 Personal application.

58-3128. Personal application. (a) All apartment owners, tenants of such owners, employees of owners and tenants, or any other persons that may in any manner use property or any part thereof submitted to the provision of this act shall be subject to this act and to the declaration and bylaws of the association of apartment owners adopted pursuant to the provisions of this act.(b) All agreements, decisions and determinations lawfully made by the association of apartment owners in accordance with the voting percentages established in the act, declaration or bylaws shall be deemed to be binding on all apartment owners.History: L. 1963, ch. 329, § 28; July 1.
KS Stat § 58-3129 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 31 - Apartment Ownership Act|58-3129 Invalidity of part.

58-3129. Invalidity of part. If any provision of this act or any section, sentence, clause, phrase or word, or the application thereof in any circumstance is held invalid, the validity of the remainder of the act and of the application of any such provision, section, sentence, clause, phrase or word in any other circumstances shall not be affected thereby.History: L. 1963, ch. 329, § 29; July 1.
KS Stat § 58-3201 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3201 Limiting liability of property owners to persons entering premises for recreational purposes.

58-3201. Limiting liability of property owners to persons entering premises for recreational purposes. The purpose of this act is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for such purposes.History: L. 1965, ch. 559, § 1; July 1.
KS Stat § 58-3202 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3202 Limiting liability of property owners to persons entering premises for recreational purposes; definitions.

58-3202. Limiting liability of property owners to persons entering premises for recreational purposes; definitions. As used in this act:(a) "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty and includes agricultural and nonagricultural land.(b) "Owner" means the possessor of a fee interest, a tenant, lessee, occupant or person in control of the premises.(c) "Recreational purpose" includes, but is not limited to, any of the following, or any combination thereof: Hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, noncommercial aviation activities and viewing or enjoying historical, archaeological, scenic, or scientific sites.(d) "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land.(e) "Agricultural land" means land suitable for use in farming and includes roads, water, watercourses and private ways located upon or within the boundaries of such agricultural land and buildings, structures and machinery or equipment when attached to such agricultural land.(f) "Farming" means the cultivation of land for the production of agricultural crops, the raising of poultry, the production of eggs, the production of milk, the production of fruit or other horticultural crops, grazing or the production of livestock.(g) "Nonagricultural land" means all land other than agricultural land.History: L. 1965, ch. 559, § 2; L. 1988, ch. 198, § 1; L. 2011, ch. 42, § 1; July 1.
KS Stat § 58-3203 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3203 Limited liability of property owners; owner's duty of care.

58-3203. Limited liability of property owners; owner's duty of care. Except as specifically recognized by or provided in K.S.A. 58-3206 and amendments thereto, an owner of land who makes all or any part of the land available to the public for recreational purposes owes no duty of care to keep the premises, or that part of the premises so made available, safe for entry or use by others for recreational purposes, or to give any warning of a dangerous condition, use, structure or activity on such premises to persons entering for such purposes. An owner of land who does take actions to keep the premises safe or to warn persons of a dangerous condition, use, structure or activity on the premises shall not be deprived of the protection which this law would provide had the owner not taken such actions or given such warning.History: L. 1965, ch. 559, § 3; L. 1995, ch. 167, § 1; Apr. 27.
KS Stat § 58-3204 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3204 Same; owner's responsibility.

58-3204. Same; owner's responsibility. Except as specifically recognized by or provided in K.S.A. 58-3206, and amendments thereto, an owner of land who either directly or indirectly invites or permits any person to use such property, or any part of such property, for recreational purposes or an owner of nonagricultural land who either directly or indirectly invites or permits without charge any person to use such property, or any part of such property, for recreational purposes does not thereby:(a) Extend any assurance that the premises are safe for any purpose.(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed.(c) Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of such persons.History: L. 1965, ch. 559, § 4; L. 1988, ch. 198, § 2; L. 1995, ch. 167, § 2; Apr. 27.
KS Stat § 58-3205 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3205 Same; application to lands leased to state or subdivision.

58-3205. Same; application to lands leased to state or subdivision. Unless otherwise agreed in writing, the provisions of K.S.A. 58-3203 and 58-3204 shall be deemed applicable to the duties and liability of an owner of land leased to the state or any subdivision thereof for recreational purposes.History: L. 1965, ch. 559, § 5; July 1.
KS Stat § 58-3206 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3206 Same; nonapplication of act to certain liabilities.

58-3206. Same; nonapplication of act to certain liabilities. Nothing in this act limits in any way any liability which otherwise exists: (a) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity.(b) For injury suffered in any case where the owner of nonagricultural land charges the person or persons who enter or go on the nonagricultural land for the recreational use thereof, except that in the case of nonagricultural land leased to the state or a subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.History: L. 1965, ch. 559, § 6; L. 1988, ch. 198, § 3; July 1.
KS Stat § 58-3207 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3207 Same; construction of act as to certain liabilities and obligations.

58-3207. Same; construction of act as to certain liabilities and obligations. Nothing in this act shall be construed to: (a) Create a duty of care or ground of liability for injury to persons or property.(b) Relieve any person using the land of another for recreational purposes from any obligation which such person may have in the absence of this act to exercise care in his or her use of such land and in his or her activities thereon, or from the legal consequences of failure to employ such care.History: L. 1965, ch. 559, § 7; July 1.
KS Stat § 58-3208 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3208 Same; prohibition of easements.

58-3208. Same; prohibition of easements. Nothing in the provisions of K.S.A. 58-3201 et seq., and amendments thereto, shall be construed as the granting of an easement over such land by the owner thereof, nor as the granting of an easement over such land by adverse possession.History: L. 2012, ch. 154, § 2; July 1.
KS Stat § 58-3211 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3211 Definitions.

58-3211. Definitions. As used in this act:(a) "Adjacent property owner" means a person or entity, other than a responsible party, who owns property or facilities on or adjacent to a recreational trail.(b) "Recreational trail" means a trail created pursuant to subsection (d) of 16 U.S.C. 1247 (1983).(c) "Responsible party" means any person, for-profit entity, not-for-profit entity or governmental entity that is responsible for developing, operating or maintaining a recreational trail.History: L. 1996, ch. 223, § 1; July 1.
KS Stat § 58-3214 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3214 Adjacent property owners; duty of care.

58-3214. Adjacent property owners; duty of care. An adjacent property owner has no duty of care to: (a) Any person using a recreational trail, except that this subsection shall not relieve an adjacent property owner from liability for injury to another that is a direct result of such property owner's gross negligence or willful or wanton misconduct; or (b) any person entering such adjacent property owner's land by way of the recreational trail without implied or expressed permission or consent of the adjacent property owner, except that this subsection shall not relieve an adjacent property owner from liability for injury to another that is a direct result of an intentional or unlawful act of the adjacent property owner.History: L. 1996, ch. 223, § 4; L. 2006, ch. 178, § 1; May 25.
KS Stat § 58-3215 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3215 Actions to enforce act; orders of court.

58-3215. Actions to enforce act; orders of court. If the responsible party fails to comply with the provisions of this act, any adjacent property owner, city or county aggrieved by the noncompliance may bring an action in the district court to enforce the provisions of this act. Upon a finding that the responsible party has failed to comply with the provisions of this act, the court may enter an order requiring the responsible party to comply with the provisions of this act.History: L. 1996, ch. 223, § 5; L. 2006, ch. 178, § 2; May 25.
KS Stat § 58-3216 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3216 Severability.

58-3216. Severability. If any provision of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application. To this end the provisions of this act are severable.History: L. 1996, ch. 223, § 6; July 1.
KS Stat § 58-3221 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3221 Sport shooting ranges; definitions.

58-3221. Sport shooting ranges; definitions. As used in this act:(a) "Generally accepted operation practice" means those safety practices adopted, pursuant to rules and regulations, by the Kansas department of wildlife, parks and tourism and established by a nationally recognized nonprofit membership organization that provides voluntary firearms safety programs which include training individuals in the safe handling and use of firearms and which practices are developed with consideration of all information reasonably available regarding the operation of shooting ranges.(b) "Local unit of government" means a county, city, township or any other political subdivision of the state, or any agency, authority, institution or instrumentality thereof.(c) "Person" means an individual, proprietorship, partnership, corporation, club, governmental entity or other legal entity.(d) "Sport shooting range" or "range" means an area designed and operated for the use of archery, rifles, shotguns, pistols, semiautomatic firearms, skeet, trap, black powder or any other similar sport shooting.History: L. 2001, ch. 185, § 4; L. 2012, ch. 47, § 83; July 1.
KS Stat § 58-3222 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3222 Same; conformance to generally accepted operation practices; application of law relating to noise control and nuisance.

58-3222. Same; conformance to generally accepted operation practices; application of law relating to noise control and nuisance. (a) Notwithstanding any other provisions of law, and in addition to other protections provided in this act, a person who owns, operates, manages or uses a sport shooting range that conforms to generally accepted operation practices in the state is not subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances or resolutions that applied to the range and its operation at the time of construction and initial operation of the range.(b) In addition to any civil protection provided by the act, a person who owns, operates, manages or uses a sport shooting range that conforms to generally accepted operation practices is not subject to an action for nuisance, and a court of the state shall not enjoin or restrain the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances or resolutions that applied to the range and its operation at the time of construction or initial operation of the range.(c) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere do not apply to a sport shooting range immune from liability under this act. However, this subsection does not constrict the application of any provision of generally accepted operation practices.(d) A person who acquires title to real property adversely affected by the use of property with a permanently located and improved sport shooting range constructed and initially operated prior to the time the person acquires title shall not maintain a nuisance action on the basis of noise or noise pollution or based upon known or inherent dangers against the person who owns, operates or uses the range to restrain, enjoin, or impede the use of the range. This section does not prohibit actions for negligence or recklessness in the operation of the range.History: L. 2001, ch. 185, § 5; July 1.
KS Stat § 58-3223 (2021)
2021 Kansas Statutes|Chapter 58 - Personal And Real Property|Article 32 - Land And Water Recreational Areas|58-3223 Same; application of local law.

58-3223. Same; application of local law. (a) A sport shooting range that is operated and is not in violation of state law at the time of the enactment of an ordinance or resolution shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or resolution or amendment to an existing ordinance or resolution.(b) A sport shooting range that is in existence as of the effective date of this act and operates in compliance with generally accepted operation practices, even if not in compliance with an ordinance or resolution of a local unit of government, shall be permitted to do all of the following within its preexisting geographic boundaries if in compliance with generally accepted operation practices:(1) Repair, remodel or reinforce any improvement or facilities or building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or improvement;(2) reconstruct, repair, rebuild or resume the use of a facility or building damaged by fire, collapse, explosion, act of God or act of war occurring after the effective date of this act. The reconstruction, repair or restoration shall be completed within one year following the date of the damage or settlement of any property damage claim. If reconstruction, repair or restoration is not completed within one year as provided in this subsection, such reconstruction, repair or restoration may be terminated in the discretion of the local unit of government; or(3) do anything authorized under generally accepted operation practices, including, but not limited to:(A) Expand or enhance its membership or opportunities for public participation; and(B) reasonably expand or increase facilities or activities.History: L. 2001, ch. 185, § 6; July 1.