Kansas Statutes 58-4617. Rules; adoption procedures; notice
(a) Before adopting, amending, or repealing any rule, the board of directors shall give all unit owners notice of:
(1) Its intention to adopt, amend, or repeal a rule and provide the text of the rule or the proposed change; and
Terms Used In Kansas Statutes 58-4617
- 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.
- 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
- Common elements: means those portions of the property not owned individually by unit owners, but in which an indivisible interest is held by all unit owners, generally including the grounds, parking areas and recreational facilities. 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
- Limited common element: means a portion of the common elements allocated for the exclusive use of one or more but fewer than all of the units. See Kansas Statutes 58-4602
- Residential purposes: means use for dwelling or recreational purposes, or both. See Kansas Statutes 58-4602
- 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
(2) a date on which the board of directors will act on the proposed rule or amendment after considering comments from unit owners.
(b) Following adoption, amendment, or repeal of a rule, the association shall notify the unit owners of its action and provide a copy of any new or revised rule.
(c) An association may adopt rules to establish and enforce construction and design criteria and aesthetic standards if the declaration so provides. If the declaration so provides, the association shall adopt procedures for enforcement of those standards and for approval of construction applications, including a reasonable time within which the association must act after an application is submitted and the consequences of its failure to act.
(d) A rule regulating display of the flag of the United States must be consistent with federal law. In addition, the association may not prohibit display on a unit or on a limited common element adjoining a unit of the flag of this state, or signs regarding candidates for public or association office or ballot questions. The association may adopt rules governing the time, place, size, number, and manner of those displays that are not inconsistent with Kan. Stat. Ann. § 58-3820, and amendments thereto.
(e) Unit owners may peacefully assemble on the common elements to consider matters related to the common interest community, but the association may adopt rules governing the time, place, and manner of those assemblies.
(f) Association rules that affect the use of or behavior in units that may be used for residential purposes, shall be adopted only to:
(1) Implement a provision of the declaration; or
(2) regulate any behavior in or occupancy of a unit which violates the declaration or adversely affects the use and enjoyment of other units or the common elements by other unit owners.
(g) An association’s internal business operating procedures need not be adopted as rules.
(h) Every rule must be reasonable.
(i) This section shall take effect on and after January 1, 2011.