Kansas Statutes 58-4608. Association duties; restrictions; board of directors discretion
Terms Used In Kansas Statutes 58-4608
- Assessment: means the sum attributable to each unit and due to the association pursuant to the budget adopted under Kan. See Kansas Statutes 58-4602
- 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
- Person: means an individual, corporation, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Kansas Statutes 58-4602
- Property: includes personal and real property. See Kansas Statutes 77-201
- 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
- Rule: means a policy, guideline, restriction, procedure, or regulation of an association, however denominated, which is not set forth in the declaration or bylaws and which governs the conduct of persons or the use or appearance of property. 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
- Unit: means a physical portion of the common interest community designated for separate ownership or occupancy. See Kansas Statutes 58-4602
- Unit owner: means a person that owns a unit. See Kansas Statutes 58-4602
(a) The association shall:
(1) Adopt and may amend bylaws and may adopt and amend rules;
(2) adopt and may amend budgets;
(3) have the power to require that disputes between the association and unit owners or between two or more unit owners regarding the common interest community be submitted to nonbinding alternative dispute resolution as a prerequisite to commencement of a judicial proceeding;
(4) promptly provide notice to the unit owners of any legal proceedings in which the association is a party other than proceedings involving enforcement of rules, covenants or declarations of restrictions, or to recover unpaid assessments or other sums due the association;
(5) establish a reasonable method for unit owners to communicate among themselves and with the board of directors concerning the association;
(6) have the power to suspend any right or privilege of a unit owner that fails to pay an assessment, but may not:
(A) Deny a unit owner or other occupant access to the owner’s unit;
(B) suspend a unit owner’s right to vote except involving issues of assessments and fees; or
(C) withhold services provided to a unit or a unit owner by the association if the effect of withholding the service would be to endanger the health, safety, or property of any person; and
(7) have all other powers that may be exercised in this state by organizations of the same type as the association.
(b) The board of directors may determine whether to take enforcement action by exercising the association’s power to impose sanctions or commencing an action for a violation of the declaration, bylaws, and rules, including whether to compromise any claim for unpaid assessments or other claim made by or against it. The board of directors does not have a duty to take enforcement action if it determines that, under the facts and circumstances presented:
(1) The association’s legal position does not justify taking any or further enforcement action;
(2) the covenant, restriction, or rule being enforced is, or is likely to be construed as, inconsistent with law;
(3) although a violation may exist or may have occurred, it is not so material as to be objectionable to a reasonable person or to justify expending the association’s resources; or
(4) it is not in the association’s best interests to pursue an enforcement action.
(c) The board of directors’ decision under subsection (b) not to pursue enforcement under one set of circumstances does not prevent the board of directors from taking enforcement action under another set of circumstances, but the board of directors may not be arbitrary or capricious in taking enforcement action.
(d) The provisions of subsection (a)(6)(B) shall not apply to an association for a common interest community for a recreational lake development which contains more than 500 units where less than 50% of such units contain a residence.
(e) This section shall take effect on and after January 1, 2011.