Chapter 58, PERSONAL AND REAL PROPERTY

58-4222. Unlawful acts of unlicensed persons; penalties. (a) From and after July 1, 2006, no person shall: (1) Falsely represent such person or any other person as a licensed installer or licensed apprentice installer; (2) falsely impersonate a licensed installer or licensed appr…

58-4223. Hearings to be conducted in accordance with the Kansas administrative procedure act. From and after July 1, 2006, whenever the president or the president's designee has reason to believe that a licensed installer, an apprentice installer or an applicant for a manufacture…

58-4224. Remedy of homeowner for noncompliance with installation standards; procedure; inspection; order of president; bearing. (a) If the owner of a manufactured home which is installed on or after July 1, 2006, believes that the manufactured home is not in compliance with the i…

58-4225. Adoption of rules and regulations. The corporation may adopt rules and regulations as necessary for the implementation of K.S.A. 58-4217 through 58-4224, and amendments thereto. History: L. 2005, ch. 109, § 11; April 21.

58-4226. Remittance and deposit of civil penalties and fees in state housing trust fund. Any civil penalties or fees paid to the president or corporation pursuant to K.S.A. 58-4217 to 58-4225, inclusive, and amendments thereto, shall be remitted to the state treasurer in accordan…

58-4227. K.S.A. 58-4217 though 58-4226 are part of the Kansas manufactured housing act. K.S.A. 58-4217 to 58-4226, inclusive, and amendments thereto, shall be a part of and supplemental to the Kansas manufactured housing act. History: L. 2005, ch. 109, § 14; April 21.

58-4301. Liens and claims against real or personal property; expedited process to review and determine validity. (a) (1) Any person who owns real or personal property or an interest in real or personal property or who is the purported debtor or obligor and who has reason to belie…

58-4302. Civil action against person filing fraudulent lien or claim; procedure; orders. (a) After the court has made a finding that a lien or claim is fraudulent pursuant to K.S.A. 58-4301, and amendments thereto, the aggrieved person may bring a civil action for damages and inj…

58-4401. Citation of act. This act shall be known and may be cited as the uniform real property electronic recording act. History: L. 2006, ch. 145, § 1; July 1.

58-4402. Definitions. In this act unless the context otherwise requires: (a) "Document" means information that is: (1) Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (2) eligible to be recorded in the …

58-4403. Requirement for original, on paper, in writing satisfied by electronic document; requirement for signature satisfied by electronic signature. (a) If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or b…

58-4404. Register of deeds authorized to implement act. On and after July 1, 2007: (a) In this section, "paper document" means a document that is received by the register of deeds in a form that is not electronic. (b) A register of deeds: (1) Who implements any of the functions l…

58-4405. Electronic recording commission created; duties. (a) An electronic recording commission is created to adopt standards to implement this act. The commission shall consist of 15 persons who shall be appointed as follows: (1) Three members who are registers of deeds appoint…

58-4406. Uniformity of act. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: L. 2006, ch. 145, § 6; July 1.

58-4407. Modification, limitation, superceding of federal acts. 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…

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.

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…

58-4616. 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.

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…