44-1017a. Homeowners association; removal of certain restrictive covenants; penalties.

559 words·~3 min read·/ks/chapter-44/44-1017a

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)No declaration or other governing document of an association shall include a restrictive covenant in violation of K.S.A. 44-1016 and 44-1017 , and amendments thereto.

(b)Within 60 days of the effective date of this act, the board of directors of an association shall amend any declaration or other governing document that includes a restrictive covenant in violation of K.S.A. 44-1016 and 44-1017 , and amendments thereto, by removing such restrictive covenant. Such amendment shall not require the approval of the members of the association. No other change shall be required to be made to the declaration or other governing document of the association pursuant to this section. Within 10 days of the adoption of the amendment, the amended declaration or other governing document shall be recorded in the same manner as the original declaration or other governing document and shall be subject to recording fees pursuant to K.S.A. 28-115 , and amendments thereto.

(c)If the commission, a city or county where the association is located provides written notice to an association requesting that the association delete a restrictive covenant in violation of K.S.A. 44-1016 and 44-1017 , and amendments thereto, the association shall delete the restrictive covenant within 30 days of receiving the notice. If the association fails to delete the restrictive covenant in violation of K.S.A. 44-1016 and 44-1017 , and amendments thereto, the commission, a city or county where the association is located, or any person adversely affected by such restrictive covenant may bring an action against the homeowners association for injunctive relief to enforce the provisions of subsections

(a)and (b). The court may award attorney's fees to the prevailing party.

(d)If a city or county determines that the association is no longer active such that the written notice described in subsection

(c)cannot be provided to the association, then the city or county, upon adoption of a resolution by the governing body of such city or county, may remove such restrictive covenant that is in violation of K.S.A. 44-1016 or 44-1017 , and amendments thereto, by recording a certificate of release of prohibited covenants in accordance with K.S.A. 58-2274 , and amendments thereto. A resolution may authorize the removal of more than one restrictive covenant that is in violation of K.S.A. 44-1016 or 44-1017 , and amendments thereto. No signature or other consent of any property owner affected by such recording shall be required to record any certificate of release of prohibited covenants pursuant to this subsection. Any such certificate recorded pursuant to this subsection shall not affect the validity of any property interest recorded within the original or redacted plat. No city or county shall incur any liability arising from the recording of any certificate of release of prohibited covenants pursuant to this subsection. No fee shall be charged for any recording filed pursuant to this subsection. Any such recording shall be exempt from the survey requirements of K.S.A. 58-2001 et seq., and amendments thereto.

(e)For the purposes of this section:

(1)"Association" means a non-profit homeowners association as defined in K.S.A. 60-3611 , and amendments thereto.

(2)"Commission" means the Kansas human rights commission as defined in K.S.A. 44-1002 , and amendments thereto.

(f)This section shall be a part of and supplemental to the Kansas act against discrimination.