Terms Used In Kansas Statutes > Chapter 58 > Article 46 - Kansas Uniform Common Interest Owners Bill of Rights Act

• 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
• 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 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
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• 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
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fraud: Intentional deception resulting in injury to another.
• 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
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
• Quorum: The number of legislators that must be present to do business.
• 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
• 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
• Trustee: A person or institution holding and administering property in trust.
• 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
• Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.