Kansas Statutes 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.
Terms Used In Kansas Statutes 58-4606
- Association: means the unit owners association. See Kansas Statutes 58-4602
- Board of directors: means the body, regardless of name, designated in the declaration or bylaws which has power to act on behalf of the association. See Kansas Statutes 58-4602
- Bylaws: means the instruments, however denominated, that contain the procedures for conduct of the affairs of the association, regardless of the form in which the association is organized, including any amendments to the instruments. See Kansas Statutes 58-4602
- Common interest community: means real estate described in a declaration with respect to which a person, by virtue of the person's ownership of a unit, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, or improvement of, or services or other expenses related to, common elements, other units, or other real estate described in that declaration. See Kansas Statutes 58-4602
- Declaration: means the instrument, however denominated, that creates a common interest community, including any amendments to that instrument. See Kansas Statutes 58-4602
- Residential purposes: means use for dwelling or recreational purposes, or both. See Kansas Statutes 58-4602
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(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.