reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3084 Expiration, suspension, deactivation or revocation of certain licenses; effect on pending closings.

58-3084.
Expiration, suspension, deactivation or revocation of certain licenses; effect on pending closings.
(a) A supervising broker or branch broker whose license is expired or is suspended, deactivated or revoked may not personally finalize any pending closings. This responsibility must be given to another broker, an attorney, a financial institution or an escrow company.
(b) If the commission has not authorized another broker to act as the supervising broker or branch broker, transfer of the responsibility for finalizing a pending closing shall be done with the written approval of all parties to the transaction.
(c) If the commission has not authorized another broker to act as the supervising broker or branch broker, all parties to the transaction shall be advised of the facts concerning the situation concerning the status of the license of the supervising broker or branch broker and shall be provided the name, address and telephone number of the responsible entity where all trust and escrow moneys will be held in accordance with the written agreement of the parties to the transaction.
(d) The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.
History:
L. 2007, ch. 88, § 14; L. 2009, ch. 7, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-3085 Limitations on advertising, when.

58-3085.
Limitations on advertising, when.
(a) If the commission has not authorized another broker to act as the supervising broker or branch broker, all advertising under the supervising broker's or branch broker's name or trade name, including, but not limited to, signage, must be removed or covered within five calendar days after the expiration date or date of deactivation of the supervising broker's or branch broker's license or the effective date of the order of suspension, deactivation or revocation.
(b) The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.
History:
L. 2007, ch. 88, § 15; L. 2009, ch. 7, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-30,101 Title of act; compliance.

58-30,101.
Title of act; compliance.
(a) This act shall be known and may be cited as the brokerage relationships in real estate transactions act.
(b) Failure to comply with any requirement of K.S.A. 58-30,103 or K.S.A. 58-30,110, and amendments thereto, or rules and regulations adopted thereunder, shall not by itself render any agreement void or voidable nor shall it constitute a defense to any action to enforce such agreement or any action for breach of such agreement.
History: L. 1995, ch. 252, § 1; L. 1996, ch. 212, § 1; Revived and amended, L. 1997, ch. 65, § 22; L. 1997, ch. 65, § 23; October 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-30,104 Termination of relationships.

58-30,104.
Termination of relationships.
(a) (1) The agency relationships set forth in K.S.A. 58-30,103, and amendments thereto, shall commence at the time that the client engages the broker, and shall continue until:
(A) A transaction is closed according to the agreement of the parties; or
(B) if a transaction is not closed according to the agreement of the parties, the earlier of:
(i) Any date of expiration agreed upon by the parties in the agency agreement or in any amendments thereto; or
(ii) any authorized termination of the relationship.
(2) Except as otherwise agreed in writing, a broker owes no further duties to the client after termination, expiration, or the closing of a transaction according to the agreement of the parties, except:
(A) To account for all moneys and property relating to the engagement; and
(B) to keep confidential all confidential information received during the course of the engagement unless:
(i) The client permits the disclosure by subsequent word or conduct;
(ii) such disclosure is required by law; or
(iii) the information becomes public from a source other than the broker.
(b) (1) The relationship between a transaction broker and a seller, landlord, buyer or tenant shall terminate when:
(A) A transaction is closed according to the agreement of the parties; or
(B) if a transaction is not closed according to the agreement of the parties, the earlier of:
(i) Any date of expiration agreed upon by the parties; or
(ii) any authorized termination of the relationship.
(2) Except as otherwise agreed in writing, a transaction broker owes no further duties to any party to the transaction after termination, expiration or the closing of a transaction according to the agreement of the parties, except:
(A) To account for all moneys and property relating to the engagement; and
(B) to keep confidential all information received during the course of the engagement which was made confidential by request of any party to the transaction, unless:
(i) The party permits the disclosure by subsequent word or conduct;
(ii) such disclosure is required by law; or
(iii) the information becomes public from a source other than the transaction broker.
History:
L. 1995, ch. 252, § 4; Revived, L. 1997, ch. 65, § 28; L. 1997, ch. 65, § 29; October 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-30,105 Compensation.

58-30,105.
Compensation.
(a) Compensation is presumed to come from the transaction and shall be determined by agency or transaction broker agreements entered into pursuant to K.S.A. 58-30,103, and amendments thereto.
(b) Payment of compensation by itself shall not establish an agency between the party who paid the compensation and the broker or any affiliated licensee.
(c) In any transaction, the broker's compensation may be paid by the seller, the landlord, the buyer or the tenant. A broker may be compensated by more than one party for services in a transaction if the parties consent in writing to the multiple payments at or before the time of entering into a contract to buy, sell or lease.
(d) A broker may:
(1) Pay a commission or compensation to any licensee affiliated with the broker for performing services under this act;
(2) with the written agreement of the seller, landlord, buyer or tenant share a commission with another broker who acted as a transaction broker, a subagent or an agent of the other party; and
(3) pay a referral fee to a person who is licensed as a broker under the real estate brokers' and salespersons' license act or under the law of another jurisdiction, provided that written disclosure is made to the client of any financial interest that the broker has in the brokerage firm receiving the referral fee.
History:
L. 1995, ch. 252, § 5; Revived, L. 1997, ch. 65, § 30; L. 1997, ch. 65, § 31; October 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-30,110 Real estate brokerage relationships.

58-30,110.
Real estate brokerage relationships.
(a) (1) The commission shall adopt a rule and regulation prescribing language which describes a seller's agent, a buyer's agent and a transaction broker for inclusion in a brochure entitled "real estate brokerage relationships".
(2) Except as provided in subsection (a)(3), a licensee shall furnish a prospective buyer or seller with the brochure at the first practical opportunity.
(3) A licensee is not required to provide a copy of the brochure to a prospective buyer or seller in the following instances:
(A) The licensee is acting solely as a principal and not as an agent for another;
(B) the communication from the licensee is a solicitation of business;
(C) the transaction is regarding the sale of commercial property or the sale of residential property of more than four units;
(D) the transaction is regarding the sale of property by public auction;
(E) the licensee is only performing ministerial acts; or
(F) the customer or client has already received the brochure from the licensee's brokerage firm.
(4) Acknowledgment of receipt of the brochure by the seller and buyer shall be included in any contract for sale.
(b) (1) Except for instances when a licensee is providing information through an advertisement or other form of public notice of the licensee's representation of a client, a licensee representing a client in a proposed real estate transaction shall disclose the representation at the time of the initial contact with another licensee representing the other party. The disclosure may be made orally or in writing.
(2) Each time a licensee is contacted by another licensee who requests permission to show property to a prospective buyer, the licensee shall inquire whether or not the licensee represents the buyer.
(c) The disclosure of the brokerage relationship between all licensees involved and the seller and buyer shall be included in any contract for sale and in any lot reservation agreement.
History:
L. 1995, ch. 252, § 10; L. 1996, ch. 212, § 18; Revived, L. 1997, ch. 65, § 39; L. 1997, ch. 65, § 40; October 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-30,111 Imputed knowledge.

58-30,111.
Imputed knowledge.
(a) A client or customer shall not be liable for a misrepresentation or omission by the client's statutory agent or the transaction broker arising out of the agency or transaction broker agreement unless the client or customer knew of the misrepresentation or omission.
(b) A statutory agent or transaction broker shall not be liable for a misrepresentation or omission by the agent's client or the transaction broker's customer arising out of the agency or transaction broker agreement unless the licensee knew of the misrepresentation or omission.
(c) A statutory agent or transaction broker shall not be liable for an innocent or negligent misrepresentation in information provided to the seller or landlord or to the buyer or tenant if the licensee does not have personal knowledge of the error, inaccuracy or omission that is the basis for the claim of misrepresentation.
History:
L. 1995, ch. 252, § 11; Revived, L. 1997, ch. 65, § 41; L. 1997, ch. 65, § 42; October 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30 - Real Estate Brokers And Salespersons › 58-30,112 Forms; rules and regulations.

58-30,112.
Forms; rules and regulations.
The commission shall provide sample forms of agency agreements and, by rules and regulations, provide such other prohibitions, limitations and conditions relating thereto as the commission may prescribe.
History:
L. 1995, ch. 252, § 12; Revived, L. 1997, ch. 65, § 43; L. 1997, ch. 65, § 44; October 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a01 Citation.

58-30a01.
Citation.
K.S.A. 58-30a01 to 58-30a18, inclusive, and amendments thereto, shall be known and may be cited as the commercial real estate broker lien act.
History:
L. 2005, ch. 179, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a02 Definitions.

58-30a02.
Definitions.
As used in the commercial real estate broker lien act:
(a) "Commercial real estate" means any real estate and any interest therein, except:
(1) Real estate containing one to four residential units;
(2) real estate containing single-family residential units such as condominiums, townhouses or homes in a subdivision when sold, leased or otherwise conveyed on a unit by unit basis, even though these units may be a part of a larger building or parcel of real estate containing more than four residential units;
(3) real estate on which no buildings or structures are located and which is zoned for single-family residential use; or
(4) real estate used for agricultural purposes.
(b) "Compensation" means all amounts to be paid to a broker for services provided under a written agreement including, but not limited to, the broker's commission and any brokerage, management, consulting or other fees.
(c) "Services" means any act or service for which compensation is paid and the performance of which requires a license under the real estate brokers' and salespersons' license act.
(d) Words and phrases used in this act, unless provided otherwise have the meanings ascribed thereto in K.S.A. 58-3035, and amendments thereto.
History:
L. 2005, ch. 179, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a03 Amount of lien; conditions.

58-30a03. Amount of lien; conditions.
(a) Any broker shall have a lien on commercial real estate in the amount of the compensation as agreed upon by the broker and the owner or the owner's agent, if:
(1) Such real estate is listed with the broker under terms of a written agreement signed by the owner or the owner's agent; and
(2) the broker or salespersons retained by the broker have provided services that resulted in the procuring of a person or entity ready, willing and able to purchase, lease or otherwise accept a conveyance of the commercial real estate as provided by such agreement which were otherwise acceptable to the owner or owner's agent as evidenced by a written agreement signed by the owner or the owner's agent.
(b) A broker also shall have a lien on such commercial real estate if the broker has a written agreement with a person to represent such person in the purchase, lease or other conveyance to the buyer, lessee or grantee of such real estate when the broker becomes entitled to compensation pursuant to the written agreement.
History:
L. 2005, ch. 179, § 3; L. 2016, ch. 61, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a04 Notice of lien.

58-30a04.
Notice of lien.
The notice of any lien filed pursuant to this act shall state the name of the broker claiming the lien, the name of the owner of the real estate, a description of the real estate upon which the lien is being claimed, the amount for which the lien is claimed and the real estate license number of the broker. The notice of lien shall be signed by the broker and the broker shall attest that the information contained in the notice is true and accurate as to the broker's knowledge and belief.
History:
L. 2005, ch. 179, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a05 When lien attaches.

58-30a05.
When lien attaches.
A broker's lien attaches to the commercial real estate when:
(a) The broker procures a person or entity ready, willing and able to purchase, lease or otherwise accept a conveyance of such real estate upon the terms set forth in the written agreement with the owner or terms otherwise acceptable to the owner or owner's agent, or the broker is entitled to a fee or commission pursuant to a written agreement signed by the owner or the owner's agent; and
(b) the broker records a notice of the lien in the office of the register of deeds of the county in which the commercial real estate is located so long as such lien is filed prior to the actual conveyance or transfer of the commercial real estate subject to such broker's lien.
History:
L. 2005, ch. 179, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a06 Compensation paid in installments; when lien is effective and attaches.

58-30a06.
Compensation paid in installments; when lien is effective and attaches.
If compensation to a broker is due in installments and a portion of the compensation is due after the conveyance or transfer of the commercial real estate, any claim for a lien for installment payments due after the transfer or conveyance of such real estate may be recorded any time after the transfer or conveyance of the commercial real estate on behalf of a broker who represented the current owner of the real estate but must be recorded before the date on which the payment is due. Such lien shall be effective as a lien against the commercial real estate only to the extent moneys are still owed to the broker. A single claim for a lien recorded before the transfer or conveyance of the commercial real estate, claiming all moneys due under an installment payment agreement is not valid or enforceable to the extent of the payments due after the transfer or conveyance. The lien attaches for purposes of this paragraph when the claim for lien is recorded.
History:
L. 2005, ch. 179, § 6; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a07 Leases.

58-30a07. Leases.
In the case of a lease, the lien must be recorded within 180 days after the lessee takes possession of the property. If written notice of the intention to sign the lease is personally served on the broker entitled to claim a lien at least 10 days before the date of the intended signing of the lease, the claim for lien must be recorded before the date indicated for the signing of the lease. The lien attaches for purposes of this section when the claim for lien is recorded.
History:
L. 2005, ch. 179, § 7; L. 2016, ch. 61, § 2; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a08 When lien attaches.

58-30a08.
When lien attaches.
If the broker has a written agreement with a prospective buyer as provided in subsection (b) of K.S.A. 58-30a03, and amendments thereto, the lien attaches when the broker records a notice of the lien within 90 days after the purchase, conveyance or transfer in the office of the register of deeds in the county in which the commercial real estate is located.
History:
L. 2005, ch. 179, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a09 Sublease or assignment of lease; notice; attachment.

58-30a09. Sublease or assignment of lease; notice; attachment.
If a lease also includes provisions for a sublease or assignment of lease, the notice of lien must be recorded not later than 180 days after the lessee takes possession of the leased premises. If the transferor personally serves written notice of the intended execution of the lease on the broker entitled to claim a lien at least 10 days prior to the date of the intended execution of the lease, the notice of lien must be recorded before the date indicated in such notice for the execution of the lease. The lien shall attach as of the recording of the notice of lien and shall not relate back to the date of the written instrument.
History:
L. 2005, ch. 179, § 9; L. 2016, ch. 61, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a10 When additional compensation is owed.

58-30a10.
When additional compensation is owed.
If additional compensation is owed to a broker as a result of the exercise of an option to expand the leased premises, the renewal or extension of a lease, the purchase of the property or other transaction pursuant to a written agreement signed by the current owner or tenant, the broker may record its notice of lien at any time after execution of the lease or other written agreement containing such option but not later than 90 days after the occurrence of the transaction for which the additional commission is claimed.
History:
L. 2005, ch. 179, § 10; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a11 Additional compensation due; action to foreclose lien, time, when.

58-30a11.
Additional compensation due; action to foreclose lien, time, when.
Any action to foreclose a lien to collect additional compensation must be commenced within two years of the date of the transaction on which the additional compensation is claimed. If the property is sold or otherwise conveyed prior to the date on which additional compensation is due, and if the broker has filed a valid notice of lien prior to the sale or other conveyance of the property, the purchaser or transferee shall be deemed to have notice of and shall take title to the property subject to the notice of lien. If a broker claiming additional compensation fails to record its notice of lien for additional compensation prior to the recording of a deed conveying legal title to the property to the purchaser or transferee, such broker may not claim a lien on the property. The provisions of this subsection shall not limit or otherwise affect claims or defenses a broker, owner or other party may have on any other basis, in law or in equity.
History:
L. 2005, ch. 179, § 11; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a12 Broker precluded from receiving compensation; release or satisfaction of lien.

58-30a12.
Broker precluded from receiving compensation; release or satisfaction of lien.
If a claim for a lien has been filed with the register of deeds and a condition occurs that would preclude the broker from receiving compensation under the terms of the broker's written agreement, the broker shall record and provide the owner of record a written release or satisfaction of the lien.
History:
L. 2005, ch. 179, § 12; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a13 Notice of lien for owner; failure to provide.

58-30a13.
Notice of lien for owner; failure to provide.
(a) Within 10 days of recording the notice of lien, the broker shall mail a copy of the notice of the lien to the owner of record of the commercial real estate or the agent thereof at the address of the owner stated in the written agreement on which the claim for lien is based. If no address is given, such notice shall be mailed to the address of the real estate on which the claim of lien is based. If the notice of lien is recorded within 10 days prior to closing, the broker is not required to mail or personally serve a copy of the notice of lien. Mailing a copy of the notice of lien is effective when deposited in the United States mail, with postage prepaid.
(b) The broker's lien shall be unenforceable if mailing or service of a copy of notice of lien does not occur at the time and in the matter required by this section. The broker's lien is void if the broker does not record the lien as provided in this act.
History:
L. 2005, ch. 179, § 13; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a14 Enforcement of lien; foreclosure petition; priority of liens.

58-30a14.
Enforcement of lien; foreclosure petition; priority of liens.
(a) A broker may enforce a lien attaching against commercial real estate by filing a petition to foreclose such lien in the district court of the county in which such real estate is located. Failure to file such petition within two years of recording a lien shall extinguish such lien. A claim for a lien extinguished pursuant to this section may not be asserted in subsequent proceedings.
(b) A foreclosure petition shall contain the name of the broker and the broker's license number, the name of the owner or owners of the real estate, a statement of the terms of the contract or agreement on which the lien is based, the date when the contract or agreement was made, a description of the services performed, the amount due and unpaid, a description of the real estate that is subject to the lien and any other facts necessary for a full understanding of the rights of the parties. The plaintiff shall file the action against all known parties who have an interest in such real estate. A foreclosure action for a lien claimed pursuant to this act shall be brought in the manner provided by article 24 of chapter 60 of the Kansas Statutes Annotated, and amendments thereto.
(c) Any valid prior recorded liens or mortgages shall have priority over a real estate broker's lien.
History:
L. 2005, ch. 179, § 14; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a15 Failure to file suit to foreclose lien.

58-30a15.
Failure to file suit to foreclose lien.
If a broker claiming a lien pursuant to this act fails to file suit to enforce the lien within 30 days after a properly served written demand of the owner, the lien shall be extinguished. Service of such demand shall be by restricted mail as defined by K.S.A. 60-103 and amendments thereto or by personal service.
History:
L. 2005, ch. 179, § 15; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a16 Recording of satisfaction or release of lien, when required.

58-30a16.
Recording of satisfaction or release of lien, when required.
If a lien filed pursuant to this act has been paid in full or otherwise discharged, or if the broker fails to institute a suit to enforce the lien within the time provided by K.S.A. 58-30a11 and 58-30a14, and amendments thereto, the broker shall record the satisfaction or release of such lien in writing upon written demand within 20 days after such demand in the office of the register of deeds of the county in which the commercial real estate is located.
History:
L. 2005, ch. 179, § 16; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a17 Who may demand the entering of satisfaction or release of lien.

58-30a17.
Who may demand the entering of satisfaction or release of lien.
(a) The following persons may make demand upon a broker for the entering of satisfaction or release of the lien, as provided for in K.S.A. 58-30a12 and 58-30a16, and amendments thereto:
(1) An owner or the owner's heirs or assigns or anyone acting for such owner, heirs or assigns;
(2) an owner of real estate upon which a lien has been recorded by someone having no legitimate claim in the real estate; or
(3) a lender or designated closing agent acting as a closing agent in the sale, financing or refinancing of the real estate subject to such lien.
(b) Any broker or assignee of a broker who refuses or neglects to enter satisfaction or release of such lien within 20 days after demand has been made as provided in subsection (a) shall be liable to the person for whom the demand was made in the sum of $500 as a civil penalty, together with a reasonable attorney's fee for preparing and prosecuting the action. The plaintiff in such action may recover any additional damages that the evidence in the case warrants. Civil actions may be brought under this section before any court of competent jurisdiction, and attachments may be had as in other cases.
History:
L. 2005, ch. 179, § 17; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 30a - Commercial Real Estate Broker Lien Act › 58-30a18 Costs.

58-30a18.
Costs.
The costs of any proceeding arising out of a lien filed pursuant to this act, including reasonable attorney's fees, shall be awarded to the prevailing party or parties.
History:
L. 2005, ch. 179, § 18; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3103 Application of act.

58-3103.
Application of act.
This act shall be applicable only to property, the sole owner or all of the owners of which submit the same to the provisions hereof by duly executing and recording a declaration as hereinafter provided.
History:
L. 1963, ch. 329, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3104 Status of the apartments.

58-3104.
Status of the apartments.
Each apartment, together with its undivided interest in the common areas and facilities, shall for all purposes constitute real property.
History:
L. 1963, ch. 329, § 4; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3107 Compliance with covenants, bylaws and administrative provisions.

58-3107.
Compliance with covenants, bylaws and administrative provisions.
Each apartment owner shall comply strictly with the bylaws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions and restrictions set forth in the declaration or in the deed to the owner's apartment. Failure to comply with any of the same shall be ground for an action to recover sums due, for damages or injunctive relief or both maintainable by the manager or board of directors on behalf of the association of apartment owners or, in a proper case, by an aggrieved apartment owner.
History:
L. 1963, ch. 329, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3108 Certain work prohibited.

58-3108.
Certain work prohibited.
No apartment owner shall do any work which would jeopardize the soundness or safety of the property, reduce the value thereof or impair any easement or hereditament without in every such case the unanimous consent of all the other apartment owners being first obtained.
History:
L. 1963, ch. 329, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3109 Liens against apartments; removal from lien; effect of part payment.

58-3109.
Liens against apartments; removal from lien; effect of part payment.
(a) Subsequent to recording the declaration as provided in this act, and while the property remains subject to this act, no lien shall thereafter arise or be effective against the property. During such period liens or encumbrances shall arise or be created only against each apartment and the percentage of undivided interest in the common areas and facilities, appurtenant to such apartment, in the same manner and under the same conditions in every respect as liens or encumbrances may arise or be created upon or against any other separate parcel of real property subject to individual ownership: Provided, That no labor performed or materials furnished with the consent or at the request of an apartment owner or his or her agent or his or her contractor or subcontractor shall be the basis for the filing of a lien pursuant to the lien law against the apartment or any other property of any other apartment owner not expressly consenting to or requesting the same, except that such express consent shall be deemed to be given by the owner of any apartment in the case of emergency repairs thereto. Labor performed or materials furnished for the common areas and facilities, if duly authorized by the association of apartment owners, the manager or board of directors, in accordance with this act, the declaration or bylaws, shall be deemed to be performed or furnished with the express consent of each apartment owner and shall be the basis for the filing of a lien pursuant to the lien law against each of the apartments and shall be subject to the provisions of subparagraph (b) hereunder.
(b) In the event a lien against two or more apartments becomes effective, the apartment owners of the separate apartments may remove their apartment and the percentage of undivided interest in the common areas and facilities appurtenant to such apartment from the lien by payment of the fractional or proportional amounts attributable to each of the apartments affected. Such individual payment shall be computed by reference to the percentages appearing on the declaration. Subsequent to any such payment, discharge or other satisfaction the apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto shall thereafter be free and clear of the lien so paid, satisfied or discharged. Such partial payment, satisfaction or discharge shall not prevent the lienor from proceeding to enforce his or her rights against any apartment and the percentage of undivided interest in the common areas and facilities appurtenant thereto not so paid, satisfied or discharged.
History:
L. 1963, ch. 329, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3110 Common profits and expenses.

58-3110.
Common profits and expenses.
The common profits of the property shall be distributed among, and the common expenses shall be charged to, the apartment owners according to the undivided interest in the common areas and facilities.
History: L. 1963, ch. 329, § 10; L. 1975, ch. 297, § 3; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3112 Contents of deeds of apartments or condominium units.

58-3112.
Contents of deeds of apartments or condominium units.
Deeds of apartments or condominium units shall include the following particulars:
1. Description of the land as provided in K.S.A. 58-3111, or the post-office address of the property, including in either case the liber, page and date of recording of the declaration.
2. The apartment number of the apartment or condominium unit in the declaration and any other data necessary for its proper identification.
3. Statement of the use for which the apartment or condominium unit is intended and restrictions on its use.
4. The undivided interest appertaining to the apartment or condominium unit in the common areas and facilities.
5. Any further details which the grantor and grantee may deem desirable to set forth consistent with the declaration and this act.
History: L. 1963, ch. 329, § 12; L. 1975, ch. 297, § 5; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3113 Copy of the floor plans to be filed.

58-3113.
Copy of the floor plans to be filed.
Simultaneously with the recording of the declaration there shall be filed in the office of the recording officer a set of the floor plans of the building showing the layout, location, apartment numbers and dimensions of the apartments, stating the name of the building or that it has no name, and bearing the verified statement of a registered architect or licensed professional engineer certifying that it is an accurate copy of portions of the plans of the building as filed with and approved by the municipal or other governmental subdivision having jurisdiction over the issuance of permits for the construction of buildings.
If such plans do not include a verified statement by such architect or engineer that such plans fully and accurately depict the layout, location, apartment numbers and dimensions of the apartments as built, there shall be recorded prior to the first conveyance of any apartment an amendment to the declaration to which shall be attached a verified statement of a registered architect or licensed professional engineer certifying that the plans theretofore filed, or being filed simultaneously with such amendment, fully and accurately depict the layout, location, apartment numbers and dimensions of the apartments as built.
Such plans shall be kept by the recording officer in a separate file for each building, indexed in the same manner as a conveyance entitled to record, numbered serially in the order of receipt, each designated "apartment ownership," with the name of the building, if any, and each containing a reference to the liber, page and date of recording of the declaration. Correspondingly, the record of declaration shall contain a reference to the file number of the floor plans of the building affected thereby.
History:
L. 1963, ch. 329, § 13; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3114 Blanket mortgages and other blanket liens affecting an apartment at time of first conveyance.

58-3114.
Blanket mortgages and other blanket liens affecting an apartment at time of first conveyance.
At the time of the first conveyance of each apartment, every mortgage and other lien affecting such apartment, including the percentage of undivided interest of the apartment in the common areas and facilities, shall be paid and satisfied of record, or the apartment being conveyed and its percentage of undivided interest in the common areas and facilities shall be released therefrom by partial release duly recorded.
History:
L. 1963, ch. 329, § 14; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3115 Recording; plat not recorded, when.

58-3115. Recording; plat not recorded, when.
(a) The declaration, any amendment or amendments thereof, any instrument by which the provisions of this act may be waived, and every instrument affecting the property or any apartment or condominium unit shall be entitled to be recorded. Neither the declaration nor any amendment thereof shall be valid unless duly recorded.
(b) In addition to records and indexes required to be maintained by the recording officer, the recording officer shall maintain an index or indexes whereby the record of each declaration contains a reference to the record of each conveyance of an apartment or condominium unit affected by such declaration, and the record of each conveyance of an apartment or condominium unit contains a reference to the declaration of the property of which it is a part.
(c) There shall be recorded simultaneously with the declaration one or more plats of survey showing the legal description, the location and dimensions of the submitted land, any convertible lands within the submitted land and any additional land if the condominium is an expandable condominium. The plat of survey shall further show the location and dimensions of all existing condominium units and common areas and facility improvements of the submitted land. When converting all or any portion of any convertible land or adding additional land to an expandable condominium, the declarant shall record amended plats of survey which shall show the location and dimensions of all existing condominium units and common area and facility improvements upon the convertible or additional land.
(d) The register of deeds shall not record any plat of survey pursuant to this act unless such plat of survey is accompanied by a receipt from the county treasurer for real estate taxes and assessments on the submitted land in accordance with K.S.A. 19-1207(b), and amendments thereto.
History:
L. 1963, ch. 329, § 15; L. 1975, ch. 297, § 6; L. 2010, ch. 2, § 2; L. 2011, ch. 115, § 7; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3115a Conversion of convertible lands.

58-3115a.
Conversion of convertible lands.
The declarant may convert all or any portion of any convertible land into one or more condominium units and common areas and facilities subject to any restrictions and limitations which the declaration may specify. Any such conversion shall be deemed to have occurred at the time of the recordation of an amendment to the declaration and the recording of floor plans and the plat of survey required by this act. All convertible lands shall be deemed a part of the common area and facilities until converted. Until the expiration of the period during which conversion may occur, or until actual conversion, whichever occurs first, the declarant alone shall be liable for real property taxes assessed against the convertible land and any improvements thereon and all other expenses in connection with that real estate. No other unit owner and no other portion of the condominium shall be subject to a claim for payment of such taxes or expenses, and unless the declaration provides otherwise, any income or proceeds from the convertible land and any improvements thereon shall inure to the declarant. No such conversion shall occur after seven years from the recordation of the declaration or such shorter period of time as the declaration may specify.
History:
L. 1975, ch. 297, § 7; L. 2008, ch. 69, § 1; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3115b Expansion of condominiums.

58-3115b.
Expansion of condominiums.
The declarant may expand the condominium by adding land tracts in accordance with the provisions of the declaration and this act. Any such expansion shall be deemed to have occurred at the time of the recordation of the plat of survey and floor plans required by this act, together with an amendment to the declaration duly executed by the declarant. Such amendment shall contain a legal description of the land added to the condominium and shall reallocate undivided interests in the common areas and facilities in accordance with this act.
History:
L. 1975, ch. 297, § 8; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3115c Certain sections supplemental to apartment ownership act; certain condominiums unaffected.

58-3115c.
Certain sections supplemental to apartment ownership act; certain condominiums unaffected.
K.S.A. 58-3115a, 58-3115b and 58-3115c shall be a part of and supplemental to the apartment ownership act. No condominium created prior to the effective date of this act shall be affected by this act without the consent of all of the condominium owners expressed in an amended declaration duly recorded.
History:
L. 1975, ch. 297, § 9; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3116 Removal from provisions of this act.

58-3116.
Removal from provisions of this act.
(a) All of the apartment owners may remove a property from the provisions of this act by an instrument to that effect, duly recorded, provided that the holders of all liens affecting any of the apartments consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the apartment owner in the property as hereinafter provided.
(b) Upon removal of the property from the provisions of this act, the property shall be deemed to be owned in common by the apartment owners. 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.
History:
L. 1963, ch. 329, § 16; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3117 Removal no bar to subsequent resubmission.

58-3117.
Removal no bar to subsequent resubmission.
The removal provided for in the preceding section shall in no way bar the subsequent resubmission of the property to the provisions of this act.
History:
L. 1963, ch. 329, § 17; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3118 Bylaws.

58-3118.
Bylaws.
The administration of every property shall be governed by bylaws, a true copy of which shall be annexed to the declaration and made a part thereof. No modification of or amendment to the bylaws shall be valid unless set forth in an amendment to the declaration and such amendment is duly recorded.
History:
L. 1963, ch. 329, § 18; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3119 Same; contents.

58-3119.
Same; contents.
The bylaws, subject to the provisions of K.S.A. 2023 Supp. 58-4601 through 58-4614 and 58-4616 through 58-4623, and amendments thereto, may provide for the following:
(a) The election of a board of directors, the number of persons constituting the same, and the terms of the directors; the powers and duties of the board; the compensation, if any, of the directors; the method of removal from office of directors; and whether or not the board may engage the services of a manager or managing agent.
(b) Method of calling meetings of the apartment owners; what percentage shall constitute a quorum.
(c) Election of a president from among the board of directors who shall preside over the meetings of the board of directors and of the association of apartment owners.
(d) Election of a secretary who shall keep the minute book wherein resolutions shall be recorded.
(e) Election of a treasurer who shall keep the financial records and books of account.
(f) Maintenance, repair and replacement of the common areas and facilities and payments therefor, including the method of approving payment vouchers.
(g) Manner of collecting from the apartment owners their share of the common expenses.
(h) Designation and removal of personnel necessary for the maintenance, repair and replacement of the common areas and facilities.
(i) Method of adopting and of amending administrative rules and regulations governing the details of the operation and use of the common areas and facilities.
(j) Such restrictions on and requirements respecting the use and maintenance of the apartments and the use of the common areas and facilities, not set forth in the declaration, as are designed to prevent unreasonable interference with the use of their respective apartments and of the common areas and facilities by the several apartment owners.
(k) The percentage of votes required to amend the bylaws.
(l) Other provisions as may be deemed necessary for the administration of the property consistent with this act.
History: L. 1963, ch. 329, § 19; L. 2010, ch. 116, § 23; January 1, 2011.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3120 Books of receipts and expenditures; availability for examination.

58-3120.
Books of receipts and expenditures; availability for examination.
The manager or board of directors, as the case may be, shall keep detailed, accurate records in chronological order, of receipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any other expenses incurred. Such records and the vouchers authorizing the payments shall be available for examination by the apartment owners at convenient hours of week days, pursuant to the rights and limitations of K.S.A. 2023 Supp. 58-4616, and amendments thereto.
History: L. 1963, ch. 329, § 20; L. 2010, ch. 116, § 24; January 1, 2011.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3121 Waiver of use of common areas and facilities; abandonment of apartment.

58-3121.
Waiver of use of common areas and facilities; abandonment of apartment.
No apartment owner may exempt himself or herself from liability for his or her contribution towards the common expenses by waiver of the use or enjoyment of any of the common areas and facilities or by abandonment of his or her apartment.
History:
L. 1963, ch. 329, § 21; July 1.
2023 Kansas Statutes › Chapter 58 - Personal And Real Property › Article 31 - Apartment Ownership Act › 58-3122 Separate taxation.

58-3122.
Separate taxation.
Each apartment and its percentage of undivided interest in the common areas and facilities shall be deemed to be a parcel and shall be subject to separate assessment and taxation by each assessing unit and special district for all types of taxes authorized by law including but not limited to special ad valorem levies and special assessments. Neither the building, the property nor any of the common areas and facilities shall be deemed to be a parcel.
History:
L. 1963, ch. 329, § 22; July 1.