reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4224 Same; remedy of homeowner for noncompliance with installation standards; procedure; inspection; order of president; bearing.

58-4224.
Same; remedy of homeowner for noncompliance with installation standards; procedure; inspection; order of president; bearing.
(a) If the owner of a manufactured home which is installed on or after July 1, 2006, believes that the manufactured home is not in compliance with the installation standards or the federal act, the owner may file within the one-year period of completion of installation an application with the corporation for an inspection of the manufactured home by a qualified inspector. The application shall be submitted on a form prescribed by the corporation and shall be accompanied by a nonrefundable application fee of $100. Upon receipt of the application and fee, the president shall designate a qualified inspector to conduct an inspection of the manufactured home, to determine the validity of the owner's complaint, and the president, within three days thereafter, shall give to all parties involved in the dispute, written notice of the filing of the owner's application and the designation of the qualified inspector.
(b) The corporation shall adopt such rules and regulations as may be necessary to provide for the inspection of a manufactured home pursuant to this section and to otherwise provide for the implementation of this section.
(c) All parties involved in the dispute shall be given an opportunity to be present during the inspection of the home. At the completion of the inspection, the inspector shall prepare a written report of the inspector's findings of defects, if any. The report shall be submitted to the president, and copies of the report shall be given at the same time to all parties involved in the dispute. Within 10 days of receipt of the inspector's report, any party involved in the dispute may file with the president written objections to the inspector's report. A copy of any party's written objections shall, at the same time, be provided to the other parties.
(d) Upon review of the inspector's report, together with any written statement of objections filed by any of the parties, the president shall issue an order directing the action, if any, to be taken by the parties involved. The order shall assess the costs of the inspection to the nonprevailing party or parties. If no party prevails on all issues, the president shall assess the costs to the parties in such proportion as the president deems just and equitable.
(e) Any party aggrieved by the president's order may file a written request for a hearing within 10 days of the date of the order. The hearing shall be conducted and any action taken by the president or the president's designee pursuant to the hearing shall be in accordance with the provisions of the Kansas administrative procedure act.
History:
L. 2005, ch. 109, § 10; April 21.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4225 Same; rules and regulations.

58-4225.
Same; rules and regulations.
The corporation may adopt rules and regulations as necessary for the implementation of K.S.A. 58-4217 through 58-4224, and amendments thereto.
History:
L. 2005, ch. 109, § 11; April 21.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4226 Same; remittance and deposit of civil penalties and fees in state housing trust fund.

58-4226.
Same; remittance and deposit of civil penalties and fees in state housing trust fund.
Any civil penalties or fees paid to the president or corporation pursuant to K.S.A. 58-4217 to 58-4225, inclusive, and amendments thereto, shall be remitted to the state treasurer in accordance with K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state housing trust fund.
History:
L. 2005, ch. 109, § 12; April 21.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 42 - Manufactured Housing › 58-4227 Same; certain sections part of Kansas manufactured housing act.

58-4227.
Same; certain sections part of Kansas manufactured housing act.
K.S.A. 58-4217 to 58-4226, inclusive, and amendments thereto, shall be a part of and supplemental to the Kansas manufactured housing act.
History:
L. 2005, ch. 109, § 14; April 21.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 43 - Expedited Determination Of Validity Of Liens › 58-4302 Civil action against person filing fraudulent lien or claim; procedure; orders.

58-4302. Civil action against person filing fraudulent lien or claim; procedure; orders.
(a) After the court has made a finding that a lien or claim is fraudulent pursuant to K.S.A. 58-4301, and amendments thereto, the aggrieved person may bring a civil action for damages and injunctive relief against the person who filed or recorded the fraudulent documents. No action may be brought under this section against the filing office or filing officer as those terms are described in K.S.A. 58-4301(f), and amendments thereto.
(b) In such an action, the burden shall be on the plaintiff to prove by a preponderance of the evidence that the defendant knew or should have known that the documents filed or recorded were in violation of K.S.A. 58-4301, and amendments thereto.
(c) Such an action shall be bifurcated from an action under K.S.A. 58-4301, and amendments thereto, and service shall be made in accordance with article 3 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
(d) The court shall award the prevailing party the costs of the proceeding arising under this section and may award the prevailing party reasonable attorney fees.
(e) After trial, and if the court makes a finding that a lien or claim is fraudulent pursuant to K.S.A. 58-4301, and amendments thereto, the court may:
(1) Order the defendant to pay actual and liquidated damages up to $10,000 or, if actual damages exceed $10,000, all actual damages, to the plaintiff for each violation of K.S.A. 58-4301, and amendments thereto;
(2) enjoin the defendant from filing any future liens or claims, or future liens or claims against persons specified by the court, with any filing officer without approval of the court that enters the order; and
(3) enjoin the defendant from filing any future liens or claims that would violate K.S.A. 58-4301, and amendments thereto.
(f) Any order set forth in subsection (e) shall be subject to modification and termination by the court that enters the order. Such order shall also include a provision stating that a violation of the order may subject the party in violation to civil and criminal penalties.
History:
L. 2010, ch. 125, § 1; L. 2021, ch. 82, § 15; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 44 - Uniform Real Property Electronic Recording Act › 58-4402 Definitions.

58-4402.
Definitions.
In this act unless the context otherwise requires:
(a) "Document" means information that is:
(1) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(2) eligible to be recorded in the land records maintained by the register of deeds.
(b) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
(c) "Electronic document" means a document that is received by the register of deeds in an electronic form.
(d) "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
(e) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality or any other legal or commercial entity.
(f) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
History:
L. 2006, ch. 145, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 44 - Uniform Real Property Electronic Recording Act › 58-4403 Requirement for original, on paper, in writing satisfied by electronic document; requirement for signature satisfied by electronic signature.

58-4403. Requirement for original, on paper, in writing satisfied by electronic document; requirement for signature satisfied by electronic signature.
(a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this act.
(b) If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature.
(c) A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal is not required to accompany an electronic signature.
History:
L. 2006, ch. 145, § 3; L. 2021, ch. 64, § 42; January 1, 2022.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 44 - Uniform Real Property Electronic Recording Act › 58-4404 Register of deeds authorized to implement act.

58-4404.
Register of deeds authorized to implement act.
On and after July 1, 2007:
(a) In this section, "paper document" means a document that is received by the register of deeds in a form that is not electronic.
(b) A register of deeds:
(1) Who implements any of the functions listed in this section shall do so in compliance with standards established by the electronic recording commission;
(2) may receive, index, store, archive and transmit electronic documents;
(3) may provide for access to, and for search and retrieval of, documents and information by electronic means;
(4) who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;
(5) may convert paper documents accepted for recording into electronic form;
(6) may convert into electronic form information recorded before the register of deeds began to record electronic documents;
(7) may accept electronically any fee or tax that the register of deeds is authorized to collect; and
(8) may agree with other officials of a state or a political subdivision thereof, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.
History:
L. 2006, ch. 145, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 44 - Uniform Real Property Electronic Recording Act › 58-4405 Electronic recording commission created; duties.

58-4405.
Electronic recording commission created; duties.
(a) An electronic recording commission is created to adopt standards to implement this act. The commission shall consist of 15 persons who shall be appointed as follows:
(1) Three members who are registers of deeds appointed by the Kansas register of deeds association;
(2) two members of the title industry appointed by the Kansas land title association;
(3) one member who is an attorney appointed by the Kansas bar association;
(4) one member of the construction industry appointed by the governor;
(5) one member of the oil and gas industry appointed by the legislative coordinating council;
(6) one member of the banking industry appointed by the legislative coordinating council;
(7) one member of the mortgage industry appointed by the legislative coordinating council;
(8) one member who is a surveyor appointed by the legislative coordinating council;
(9) one member who is a realtor appointed by the legislative coordinating council;
(10) one member of the agricultural industry appointed by the governor;
(11) the state archivist or the archivist's designee; and
(12) the secretary of state or the secretary's designee.
(b) To keep the standards and practices of registers of deeds in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this act and to keep the technology used by registers of deeds in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this act, the electronic recording commission, so far as is consistent with the purposes, policies, and provisions of this act, in adopting, amending and repealing standards shall consider:
(1) Standards and practices of other jurisdictions;
(2) the most recent standards promulgated by national standard-setting bodies, such as the property records industry association;
(3) the views of interested persons and governmental officials and entities;
(4) the needs of counties of varying size, population and resources; and
(5) standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved and resistant to tampering.
History:
L. 2006, ch. 145, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 44 - Uniform Real Property Electronic Recording Act › 58-4406 Uniformity of act.

58-4406.
Uniformity of act.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
L. 2006, ch. 145, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 44 - Uniform Real Property Electronic Recording Act › 58-4407 Modification, limitation, superceding of federal acts.

58-4407.
Modification, limitation, superceding of federal acts.
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)).
History:
L. 2006, ch. 145, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4601 Findings; purpose of act.

58-4601.
Findings; purpose of act.
(a) K.S.A. 2023 Supp. 58-4601 through 58-4614 and 58-4616 through 58-4623, and amendments thereto, shall be known as the Kansas uniform common interest owners bill of rights act.
(b) The legislature finds as a matter of public policy:
(1) That a significant and increasing number of Kansans live in common interest communities;
(2) that effective operation of these common interest communities is in the interest of their owners, residents, and the state; and
(3) that the adoption of uniform rules to govern the rights and duties of unit owners, associations, and developers will help to ensure that common interest communities operate effectively and fairly.
(c) The public purposes of this act are to establish uniform rules of law to clarify the rights and duties of unit owners and associations in all forms of common interest communities, to provide for the effective operation of common interest communities in the interest of their owners and their residents and to address current and potential areas of conflict and tension between unit owners and associations, boards and managers in a comprehensive and balanced manner.
(d) This section shall take effect on and after January 1, 2011.
History:
L. 2010, ch. 116, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4603 Provisions mandatory.

58-4603.
Provisions mandatory.
(a) Except as expressly provided in this act, the provisions of this act shall be mandatory and apply notwithstanding contrary provisions in the declaration or bylaws of a common interest community and shall not be varied or waived by agreement.
(b) This section shall take effect on and after January 1, 2011.
History:
L. 2010, ch. 116, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4604 Duty of good faith.

58-4604.
Duty of good faith.
(a) Every contract or duty governed by this act imposes an obligation of good faith in its performance or enforcement.
(b) This section shall take effect on and after January 1, 2011.
History:
L. 2010, ch. 116, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4605 Application of act.

58-4605.
Application of act.
(a) This act, and amendments thereto, apply to all common interest communities that contain 12 or more units that may be used for residential purposes and are created within this state after the effective date of this act.
(b) This section shall take effect on and after January 1, 2011.
History:
L. 2010, ch. 116, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4606 Prospective application; supersedes existing provisions.

58-4606.
Prospective application; supersedes existing provisions.
(a) This act, and amendments thereto, apply to all common interest communities that contain 12 or more units that may be used for residential purposes created in this state before the effective date of this act; but this act, and amendments thereto, do not apply with respect to actions or decisions of an association or its board of directors concerning events and circumstances occurring before the effective date of this act.
(b) This act, and amendments thereto, do not invalidate existing provisions of the declaration, bylaws, plats or plans of those common interest communities; provided, however, the provisions of the declaration or bylaws of a common interest community that are contrary to the mandatory provisions of this act, and amendments thereto, may not be enforced with respect to events and circumstances occurring after the effective date of the act.
(c) The declaration, bylaws, plats or plans of any common interest community created before the effective date of this act may be amended to achieve any result permitted by this act, regardless of what applicable law provided before the effective date of this act.
(d) This section shall take effect on and after January 1, 2011.
History:
L. 2010, ch. 116, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4607 Arrangements not considered common interest communities.

58-4607.
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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4609 Officers, board of directors duties; restrictions.

58-4609.
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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4610 Bylaws.

58-4610. 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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4611 Association meetings; notice.

58-4611.
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. 2023 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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4613 Quorum requirements; rules of order.

58-4613.
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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4617 Rules; adoption procedures; notice.

58-4617.
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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4618 Delivery of notice.

58-4618. 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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4619 Board of directors; removal.

58-4619.
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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4620 Adoption of budget; special assessments.

58-4620.
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. 2023 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. 2023 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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4621 Enforcement of rights.

58-4621.
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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4622 Application of law.

58-4622.
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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act › 58-4623 Act supersedes certain laws.

58-4623.
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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4701 Citation of act.

58-4701. Citation of act.
The provisions of K.S.A. 2023 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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4702 Purpose of act.

58-4702. Purpose of act.
(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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4705 Exemptions from registration.

58-4705. 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. 2023 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.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4706 Registration period.

58-4706. 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. 2023 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. 2023 Supp. 58-4708, and amendments thereto.
History:
L. 2012, ch. 93, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4707 Requirements for nonresident applicants; investigation.

58-4707. Requirements for nonresident applicants; investigation.
(a) Prior to the issuance of a registration to a nonresident applicant, the applicant must agree in writing to abide by all provisions of this act with respect to the applicant's appraisal management activities within this state and submit to the jurisdiction of the board and the state in all matters relating thereto. Such agreement shall be filed with the board and shall remain in force for so long as the nonresident is registered by this state and thereafter with respect to acts or omissions committed while registered as a nonresident.
(b) The board may investigate the actions of a nonresident registrant and, pursuant to the Kansas administrative procedures act, may revoke, condition, limit, suspend, censure or nonrenew the registration of the nonresident registrant for disciplinary action in relation to AMC practices, including, but not limited to, denial, revocation or suspension of a registration taken by another state, district or territory of the United States.
(c) Prior to the issuance of a registration to a nonresident AMC, the applicant shall file with the board a designation in writing that appoints the executive director of the board as the applicant's agent, upon whom all judicial and other process or legal notices directed to the applicant may be served in the event such applicant becomes a registrant. Any process or legal notices to a nonresident registrant shall be directed to the executive director and, in the case of a summons, shall require the nonresident registrant to answer within 40 days from the date of service on such registrant. A summons and a certified copy of the petition shall be forthwith forwarded by the clerk of the court to the executive director, who immediately shall forward a copy of the summons and the certified copy of the petition to the nonresident registrant. Thereafter, the executive director shall make return of the summons to the court from which it was issued, showing the date of its receipt by the executive director, the date of forwarding and the name and address of the person to whom the executive director forwarded a copy. Such return shall have the same force and effect as a return made by the sheriff on process directed to the sheriff.
History:
L. 2012, ch. 93, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 47 - Kansas Appraisal Management Company Registration Act › 58-4708 Fees; collection and remittance.

58-4708. Fees; collection and remittance.
(a) The board shall establish by rules and regulations the fee to be paid by each AMC seeking registration or renewal of a registration under this act. The amount of the registration and renewal fees shall be sufficient for the administration of this act, but in no case shall the fees be more than $3,500. The initial registration fee shall be prorated for an applicant that initially applies for registration 11 or fewer months prior to September 30. The board shall have the authority to collect and remit the national registry fee for any AMC operating in this state that is exempt from registration pursuant to K.S.A. 2023 Supp. 58-4705, and amendments thereto.
(b) The board shall establish by rules and regulations a late renewal fee not to exceed $500.
(c) The executive director of the board shall remit all moneys, received pursuant to this act to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Other than amounts collected for the AMC federal registry fees, or for civil fines imposed pursuant to K.S.A. 2023 Supp. 58-4723, and amendments thereto, such deposit shall be credited to the appraiser fee fund. All expenditures from such fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the board or by a person or persons designated by the chairperson. Civil fines shall be credited to the state general fund.
(d) All amounts required to be collected and actually collected for the AMC federal registry fees shall be credited totally to the AMC federal registry clearing fund which is hereby created in the state treasury. All disbursements from the AMC federal registry clearing fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the board or by a person or persons designated by the chairperson. Amounts credited to the AMC federal registry clearing fund under this section shall not be subject to any limitations imposed by the appropriations act of the legislature.
History:
L. 2012, ch. 93, § 8; L. 2018, ch. 69, § 2; July 1.