Kansas · Law guide

Kansas HOA law guide.

The Kansas statutes that govern homeowners', condominium, and townhouse associations — each one hosted in full on HOPB, with the official text and a plain-language guide. Kansas layers a modern common-interest act over older, opt-in condominium and townhouse laws, so this index is how the pieces fit together.

5 statutes Full text on-site Cited to the Kansas Statutes Annotated
Common interest communities

Kansas's modern HOA law.

The Kansas Uniform Common Interest Owners Bill of Rights Act is Kansas's modern, comprehensive law for community associations — but it applies only to larger communities with 12 or more units that may be used for residential purposes (in full to those created after January 1, 2011, and prospectively to older ones).

K.S.A. 58-4601 Kansas Uniform Common Interest Owners Bill of Rights ActK.S.A. 58-4601 to 58-4614 and 58-4616 to 58-4623 (58-4615 is reserved) — open board meetings, records open to owners, unit-owner voting and board removal, annual budgets and emergency special assessments, a duty of good faith, limits on suspending owners for nonpayment, and a right to sue to enforce the act, with attorney fees at the court's discretion and available to either side. Applies to communities with 12 or more units that may be used for residential purposes — in full to those created after January 1, 2011, and prospectively to those created before, where a declaration or bylaw contrary to a mandatory provision of the act becomes unenforceable as to later events.
Condominiums & townhouses

The opt-in ownership acts.

Kansas's older condominium and townhouse laws are opt-in — a community becomes subject to one by recording a declaration electing in. The key difference is what you own: a condominium unit plus a share of the commons, versus a townhouse lot held in fee simple.

K.S.A. 58-3101 Kansas Apartment Ownership ActK.S.A. 58-3101 to 58-3129 — Kansas's 1963 condominium law (“apartment” and “condominium unit” are interchangeable): creation by recorded declaration and floor plans, bylaws, the common-expense assessment lien, records available to owners, and insurance. K.S.A. 58-3701 Kansas Townhouse Ownership ActK.S.A. 58-3701 to 58-3713 — Kansas's 1975 townhouse law, where each owner holds their lot in fee simple and the association owns the common areas: the declaration and its covenants, the assessment lien, conveyances, and insurance.
Advertisement
Fair housing & disability

Rights and protections for residents.

Kansas's civil-rights and disability laws bar housing discrimination, require reasonable accommodations, and require a nonprofit homeowners association to strip discriminatory covenants from its documents.

K.S.A. 44-1001 Kansas Act Against DiscriminationK.S.A. 44-1001 to 44-1044 — bars housing discrimination because of race, religion, color, sex, disability, familial status, national origin, or ancestry; requires reasonable accommodations in rules and policies, and requires that reasonable physical modifications be permitted at the disabled resident's expense; and requires a nonprofit homeowners association to remove discriminatory restrictive covenants (§ 44-1017a) — a duty that reaches only associations exempt from federal income tax under IRC § 528, which is how K.S.A. 60-3611 defines the term, though the covenant itself is void either way (K.S.A. 58-2274(a)). Enforced by the Kansas Human Rights Commission. K.S.A. 39-1101 Kansas Rights of Persons With DisabilitiesK.S.A. 39-1101 et seq. — the core sections, §§ 39-1101 to 39-1106, are cited in the statutes as the Kansas white cane law (§ 39-1106). Equal access to public places and public accommodations, and the right to be accompanied by a service, guide, or hearing dog — including in residential housing, without an extra charge (the person the dog assists is liable for damage the dog does to the premises). It is a public-accommodations law: it never mentions associations or common areas, and the Kansas Human Rights Commission has no role under it.
Related & miscellaneous

The laws around the edges.

Beyond the core statutes, a scattering of Kansas provisions touch community living — plus a few laws people wrongly assume apply.

Related Related & miscellaneous Kansas lawsSolar easements (K.S.A. 58-3801/3802) and why they do not override a covenant; the three statutes that void a covenant outright — political yard signs (§ 58-3820), transfer fee covenants (§ 58-3822) and discriminatory covenants (§ 58-2274), all of them retroactive; the volunteer immunity that shields an uncompensated officer, director or trustee from personal liability (§ 60-3611); the nonprofit corporate code most associations are organized under, and which the townhouse act requires (K.S.A. 17-6001 et seq., article 60 of chapter 17); and debt collection under the federal FDCPA and the Kansas Consumer Protection Act — plus a myth-buster on the laws people wrongly assume apply, like the Open Records and Open Meetings acts.

General information, not legal advice. Each statute is reproduced from the official Kansas Statutes Annotated and may not reflect the most recent amendments. Always confirm the current text against the official source.

← Kansas HOA laws & resources All HOA state laws