Kansas Statutes 58-3706. Declaration; contents
Terms Used In Kansas Statutes 58-3706
- association: shall mean and refer to a nonprofit corporation formed pursuant to article 60 of chapter 17 of the Kansas Statutes Annotated, which owns, in fee simple, the common areas and facilities for the common use and enjoyment of the townhouse owners, as set forth in the declaration and articles of incorporation. See Kansas Statutes 58-3702
- Common areas and facilities: shall mean any portion of the real estate and all improvements located thereon submitted to the provisions of this act owned by the association for the common use and enjoyment of the townhouse unit owners. See Kansas Statutes 58-3702
- Common expenses: means :
(1) All sums lawfully assessed against the townhouse unit owners by the association pursuant to the declaration;
(2) expenses of administration, maintenance, repair or replacement of the common areas and facilities incurred by the association pursuant to the declaration;
(3) expenses agreed upon as common expenses by the association at special or regular meetings held pursuant to the declaration; and
(4) expenses declared common expenses by provisions of this act or by the declaration or the bylaws of the association. See Kansas Statutes 58-3702
- Declaration: means covenants and restrictions which run with the land and create certain land use restrictions, maintenance assessments which become liens against the real estate and easements in favor of all townhouse unit owners and the association. See Kansas Statutes 58-3702
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Townhouse unit: means one single-family townhouse residential unit which may be joined together with at least one additional single-family townhouse residence by a common wall or walls, and/or roof, and/or foundation: Provided, however, That in any event, the term "townhouse unit" shall not mean an apartment as defined in Kan. See Kansas Statutes 58-3702
- Trustee: A person or institution holding and administering property in trust.
The declaration shall contain the following particulars:
(a) Description of the real estate on which the townhouse units are or are to be located.
(b) Description of the townhouse units.
(c) Description of the common areas and facilities.
(d) All common expenses and the method by which such expenses may be incurred and charged to the townhouse unit owners.
(e) All lien rights of the association for non-paid common expenses.
(f) All easements created for the benefit of the association and all townhouse unit owners.
(g) All provisions relating to insurance required to be obtained and maintained by the association and/or by each townhouse unit owner, including the obligation of the insurance trustee to use proceeds received after loss for rebuilding.
(h) The method by which the declaration may be amended, consistent with the provisions of this act.
(i) Such other provisions not inconsistent with this act as the declarant may deem necessary.