Chapter 58 — PERSONAL AND REAL PROPERTY

58-4504. History: L. 2008, ch. 171, § 5; L. 2009, ch. 118, § 3; Expired, July 1, 2013. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Docume…

58-4505. History: L. 2008, ch. 171, § 6; L. 2009, ch. 118, § 4; L. 2011, ch. 30, § 207; Expired, July 1, 2013. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archiv…

58-4506. History: L. 2008, ch. 171, § 7; L. 2009, ch. 118, § 5; Expired, July 1, 2013. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Docume…

58-4507. History: L. 2008, ch. 171, § 8; Expired, July 1, 2013. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Sessio…

58-4508. History: L. 2008, ch. 171, § 4; Expired, July 1, 2013. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Sessio…

58-4509. History: L. 2008, ch. 171, § 10; L. 2009, ch. 118, § 6; Expired, July 1, 2013. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Docum…

58-4510. History: L. 2008, ch. 171, § 2; L. 2009, ch. 118, § 7; Expired, July 1, 2013. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Docume…

58-4511. History: L. 2008, ch. 171, § 13; L. 2009, ch. 118, § 8; Expired, July 1, 2013. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Docum…

58-4512. History: L. 2008, ch. 171, § 11; L. 2009, ch. 118, § 9; Expired, July 1, 2013. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Docum…

58-4513. History: L. 2008, ch. 171, § 9; Repealed, L. 2009, ch. 118, § 11; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents …

58-4514. History: L. 2008, ch. 171, § 12; Expired, July 1, 2013. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Sessi…

58-4601. Citation and purpose of act; findings of the legislature. (a) K.S.A. 58-4601 through 58-4614 and 58-4616 through 58-4623, and amendments thereto, shall be known as the Kansas uniform common interest owners bill of rights act. (b) The legislature finds as a matter of publ…

58-4602. Definitions. As used in this act: (a) "Assessment" means the sum attributable to each unit and due to the association pursuant to the budget adopted under K.S.A. 58-4620, and amendments thereto. (b) "Association" means the unit owners association. (c) "Board of directors…

58-4603. Provisions mandatory. (a) Except as expressly provided in this act, the provisions of this act shall be mandatory and apply notwithstanding contrary provisions in the declaration or bylaws of a common interest community and shall not be varied or waived by agreement. (b)…

58-4604. Duty of good faith. (a) Every contract or duty governed by this act imposes an obligation of good faith in its performance or enforcement. (b) This section shall take effect on and after January 1, 2011. History: L. 2010, ch. 116, § 4; July 1. Previous | Next LEGISLATIVE…

58-4605. Application of act. (a) This act, and amendments thereto, apply to all common interest communities that contain 12 or more units that may be used for residential purposes and are created within this state after the effective date of this act. (b) This section shall take …

58-4606. Prospective application; supersedes existing provisions. (a) This act, and amendments thereto, apply to all common interest communities that contain 12 or more units that may be used for residential purposes created in this state before the effective date of this act; bu…

58-4607. Arrangements not considered common interest communities. (a) An arrangement between the associations for two or more common interest communities to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other ac…

58-4608. Association duties; restrictions; board of directors discretion. (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 …

58-4609. Officers, board of directors duties; restrictions. (a) In the performance of their duties, officers and members of the board of directors appointed by the declarant shall exercise the degree of care and loyalty to the association required of a trustee. Officers and membe…

58-4610. Bylaws. (a) The bylaws of the association must: (1) Provide the number of members of the board of directors and the titles of the officers of the association; (2) provide for election by the board of directors or, if the declaration requires, by the unit owners, of a pre…

58-4611. Association meetings; notice. (a) An association shall hold a meeting of unit owners annually at a time, date, and place stated in or fixed in accordance with the bylaws. (b) An association shall hold a special meeting of unit owners to address any matter affecting the c…

58-4612. Open meetings; executive session restrictions; copies of materials to owners; declarant control, special procedures. (a) Meetings of the board of directors and committees of the association authorized to act for the association must be open to the unit owners except duri…

58-4613. Quorum requirements; rules of order. (a) Unless the bylaws otherwise provide, a quorum is present throughout any meeting of the unit owners if persons entitled to cast 20% of the votes in the association: (1) Are present in person or by proxy at the beginning of the meet…

58-4614. Unit owner voting procedures. (a) Unless prohibited or limited by the declaration or bylaws, unit owners may vote at a meeting in person, by secret ballot, by absentee ballot pursuant to subsection (b)(4), by a proxy pursuant to subsection (c), or, when a vote is conduct…

58-4615. Reserved. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHE…

58-4616. Record keeping requirements; records open to unit owners; copy fees. (a) The association, or its agents, must retain the following for five years unless otherwise provided: (1) Detailed records of receipts and expenditures affecting the operation and administration of th…

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 (2) a d…

58-4618. Delivery of notice. (a) Except as provided in subsection (b), an association shall deliver any notice required to be given by the association under this act to any mailing or electronic mail address a unit owner designates. Otherwise, the association may deliver notices …

58-4619. Board of directors; removal. (a) Unit owners present in person, by proxy, or by absentee ballot at any meeting of the unit owners at which a quorum is present, may remove any member of the board of directors and any officer elected by the unit owners, with or without cau…

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…

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 c…

58-4622. Application of law. (a) The principles of law and equity, including the law of corporations and any other form of organization authorized by the law of this state, the law of real estate, and the law relative to capacity to contract, principal and agent, eminent domain, …

58-4623. Act supersedes certain laws. (a) This act modifies, limits, and supersedes the federal electronic signatures in global and national commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. section 7001(c…

58-4701. Citation of act. The provisions of K.S.A. 58-4701 through 58-4725, and amendments thereto, shall be known and may be cited as the Kansas appraisal management company registration act. History: L. 2012, ch. 93, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL…

58-4702. Purpose of act. (a) It is the intent of the legislature to develop a process for real estate appraisal management company registration and regulation in order to protect lenders, financial institutions, clients, consumers and the public from economic and financial harm a…

58-4703. Definitions. As used in this act: (a) "Applicant" means a person who has submitted an original application for or an application for renewal of a credential under this act. (b) "Appraisal" has the meaning specified in K.S.A. 58-4102, and amendments thereto. (c) "Appraisa…

58-4704. Application for registration; transmission of information to national registry. (a) The application for the registration shall be on a form approved by the board and shall, at a minimum, include the following information: (1) The legal name and any other trade or busines…

58-4705. Exemptions from registration. (a) The registration provisions of this act shall not apply to an AMC that is a subsidiary owned and controlled by a financial institution regulated by a federal financial institutions regulatory agency. (b) The provisions of this act shall …

58-4706. Registration period. (a) The registration period shall commence on October 1 and end on September 30 of the following year. A registration granted by the board may be renewed annually thereafter. (b) To obtain renewal of a registration, the holder shall make application …

58-4707. Requirements for nonresident applicants; investigation. (a) Prior to the issuance of a registration to a nonresident applicant, the applicant must agree in writing to abide by all provisions of this act with respect to the applicant's appraisal management activities with…

58-4708. Fees; collection and remittance. (a) The board shall establish by rules and regulations the fee to be paid by each AMC seeking registration or renewal of a registration under this act. The amount of the registration and renewal fees shall be sufficient for the administra…

58-4709. Limitation on ownership interest in an AMC; conditions; fingerprinting; criminal history record check; fees. (a) No single interest in an AMC applying for, holding or renewing a registration under this act shall be owned by: (1) An individual who has held a credential is…

58-4710. Designation of controlling person for AMC. (a) Each AMC applying to the board for a registration or for a renewal of a registration in this state shall designate one controlling person that shall serve as the main contact for all communication between the board and the A…

58-4711. AMC appraiser requirements. (a) If a license or certification is required to perform an appraisal, prior to placing an assignment with an appraiser on the appraiser panel of an AMC, the AMC shall verify that the appraiser receiving the assignment holds a credential in go…

58-4712. Appraisal review reporting. Each AMC seeking to be registered or to renew a registration in this state shall certify to the board on an annual basis on a form prescribed by the board that such AMC has a system in place to perform an appraisal review on a number or percen…

58-4713. Record keeping required; inspection of records. (a) Each AMC seeking to be registered or to renew an existing registration in this state shall certify to the board on an annual basis on a form prescribed by the board that such AMC maintains a detailed record of each serv…

58-4714. Disclosures. (a) An AMC shall be required to have a system in place to disclose to its client the fees paid: (1) For appraisal management services; and (2) to the appraiser for the completion of an appraisal assignment. (b) No AMC shall prohibit an appraiser that is part…

58-4715. Unlawful acts related to registration requirements. Except as provided by K.S.A. 58-4705, and amendments thereto, it shall be unlawful for any person to do any of the following without first obtaining a registration issued by the board pursuant to K.S.A. 58-4704, and ame…

58-4716. Unlawful acts. (a) It shall be unlawful and a violation of this act for any employee, partner, director, officer or agent of an AMC to influence or attempt to influence the development, reporting, result or review of an appraisal through coercion, extortion, collusion, c…