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Terms Used In Kansas Statutes 58-3125

  • 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
  • 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

  • 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
  • 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.
  • 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
  • Trustee: A person or institution holding and administering property in trust.

The manager of the board of directors, if required by the declaration, bylaws or by a majority of the apartment owners, or at the request of a mortgagee having a first mortgage of record covering an apartment, shall have the authority to, and shall, obtain insurance for the property against loss or damage by fire and such other hazards under such terms and for such amounts as shall be required or requested. Such insurance coverage shall be written on the property in the name of such manager or of the board of directors of the association of apartment owners, as trustee for each of the apartment owners in the percentages established in the declaration. Premiums shall be common expenses. Provision for such insurance shall be without prejudice to the right of each apartment owner to insure his or her own apartment for his or her benefit.