Kansas Statutes 58-4621. Enforcement of rights
(a) A declarant, association, unit owner, or any other person subject to this act may bring an action to enforce a right granted or obligation imposed by this act, the declaration, or the bylaws. The court may award reasonable attorney’s fees and costs.
(b) Parties to a dispute arising under this act, the declaration, or the bylaws may agree to resolve the dispute by any form of binding or nonbinding alternative dispute resolution, but:
Terms Used In Kansas Statutes 58-4621
- Association: means the unit owners 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
- Declarant: means a person or group of persons acting in concert that:
(1) As part of a common promotional plan, offers to dispose of the interest of the person or group of persons in a unit not previously disposed of; or
(2) reserves or succeeds to any declarant right. 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
- 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.
- 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
- Unit: means a physical portion of the common interest community designated for separate ownership or occupancy. See Kansas Statutes 58-4602
(1) A declarant may agree with the association to do so only after the period of declarant control has expired; and
(2) an agreement to submit to any form of binding alternative dispute resolution must be in a record authenticated by the parties.
(c) The remedies provided by this act shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed.
(d) This section shall take effect on and after January 1, 2011.