Terms Used In Kansas Statutes > Chapter 58 > Article 31 - Apartment Ownership Act

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Apartment number: means the number, letter, or combination thereof designating the apartment or condominium unit in the declaration. See Kansas Statutes 58-3102
• Apartment owner: means the person or persons owning an apartment or condominium unit in fee simple absolute and an undivided interest in the fee simple estate of the common areas and facilities as specified and established in the declaration. See Kansas Statutes 58-3102
• Association of apartment owners: means all of the apartment or condominium unit owners acting as a group in accordance with the bylaws and declaration. See Kansas Statutes 58-3102
• Building: means a building, containing one or more apartments or condominium units, or two or more buildings, each containing one or more apartments or condominium units and comprising a part of the property. See Kansas Statutes 58-3102
• Common expenses: means and includes:

  (1) All sums lawfully assessed against the apartment owners by the association of apartment owners;

  (2) expenses of administration, maintenance, repair or replacement of the common areas and facilities;

  (3) expenses agreed upon as common expenses by the association of apartment owners; and

  (4) expenses declared common expenses by provisions of this act, or by the declaration or the bylaws. See Kansas Statutes 58-3102

• Common profits: means the balance of all income, rents, profits and revenues from the common areas and facilities remaining after the deduction of the common expenses. See Kansas Statutes 58-3102
• Condominium: means "property" as hereinafter defined. See Kansas Statutes 58-3102
• condominium unit: means a part of the property intended for any type of independent use whether residence, office, the operation of any industry or business or other use, including one or more rooms or enclosed spaces located on one or more floors (or part or parts thereof) in a building, and with a direct exit to a public street or highway or to a common area leading to such street or highway. See Kansas Statutes 58-3102
• Convertible land: shall mean a building site for one or more proposed additional condominium units within the submitted land which may be created in accordance with the declaration and this act. See Kansas Statutes 58-3102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Declaration: means the instrument by which the property is submitted to the provisions of this act as hereinafter provided, and such declaration as from time to time may be lawfully amended. See Kansas Statutes 58-3102
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Expandable condominium: shall mean a condominium to which additional real property may be added in accordance with the provisions of the declaration and of this act. See Kansas Statutes 58-3102
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Grantor: The person who establishes a trust and places property into it.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited common areas and facilities: means and includes those common areas and facilities designated in the declaration as reserved for use of certain apartment or apartments to the exclusion of the other apartments. See Kansas Statutes 58-3102
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Par value: shall mean a number of dollars or points assigned to each condominium unit by the declaration. See Kansas Statutes 58-3102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means individual, corporation, partnership, association, trustee or other legal entity. See Kansas Statutes 58-3102
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Property: means and includes the land, the building, all improvements and structures thereon, all owned in fee simple absolute and all easements, rights and appurtenances belonging thereto, and all articles of personal property intended for use in connection therewith, which have been or are intended to be submitted to the provisions of this act. See Kansas Statutes 58-3102
• Quorum: The number of legislators that must be present to do business.
• real property: include lands, tenements and hereditaments, and all rights to them and interest in them, equitable as well as legal. See Kansas Statutes 77-201
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recording officer: means the register of deeds of the county in which the property is located. See Kansas Statutes 58-3102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
• Service of process: The service of writs or summonses to the appropriate party.
• Size: shall mean the approximate square feet of floor space of each condominium unit computed by reference to the declaration and floor plans and rounded off to a whole number. See Kansas Statutes 58-3102
• Submitted land: shall mean real property, and any incidents thereto or interests therein, lawfully submitted to the provisions of this act as hereinafter provided. See Kansas Statutes 58-3102
• Trustee: A person or institution holding and administering property in trust.