Kansas Statutes 58-4620. Adoption of budget; special assessments
(a) The board of directors shall propose and adopt a budget for the common interest community at least annually. Notice of any meeting at which a budget will be considered must be given to unit owners at least 10 days prior to the meeting date and, in accordance with subsection (g) of Kan. Stat. Ann. 2023 Supp. 58-4612, and amendments thereto, a copy of the proposal must be made available to any unit owner who requests it. At any meeting at which a budget or budget amendment is considered, in accordance with subsection (d) of Kan. Stat. Ann. 2023 Supp. 58-4612, and amendments thereto, unit owners must be given a reasonable opportunity to comment on the proposal prior to the board taking action.
(b) The board of directors, at any time, may propose a special assessment. Except as otherwise provided in subsection (c), notice and consideration of any proposed special assessment shall follow the procedures set out in subsection (a).
Terms Used In Kansas Statutes 58-4620
- 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.
- 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
- 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 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
- 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
(c) If the board of directors determines by a 2/3 vote of the membership of the board that a special assessment is necessary to respond to an emergency:
(1) The special assessment shall become effective immediately in accordance with the terms of the vote;
(2) notice of the emergency assessment must be provided promptly to all unit owners; and
(3) the board of directors may spend the funds paid on account of the emergency assessment only for the purposes described in the vote.
(d) This section shall take effect on and after January 1, 2011.