44-1017a. Same; homeowners association; removal of certain restrictive covenants; penalties. (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. No fee shall be charged for such recording.
(c) If the commission, a city or county in which 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 in which 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) of this section. The court may award attorney's fees to the prevailing party.
(d) 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.
(e) This section shall be supplemental to and a part of the Kansas act against discrimination.
History: L. 2006, ch. 144, ยง 1; July 1.
Structure Kansas Statutes
Chapter 44 - Labor And Industries
Article 10 - Kansas Acts Against Discrimination
44-1001 Title of act; declaration of state policy and purpose.
44-1003 Human rights commission; membership; organization compensation and expenses staff.
44-1004 Powers and duties of commission.
44-1009 Unlawful employment practices; unlawful discriminatory practices.
44-1010 Petition for reconsideration of orders of commission.
44-1011 Enforcement of commission orders; judicial review; procedure.
44-1012 Posting of law and information.
44-1013 Unlawful acts; penalties.
44-1015 Discrimination in housing; definitions.
44-1016 Same; unlawful acts in connection with sale or rental of real property.
44-1017 Same; unlawful acts as to real estate loans.
44-1017a Same; homeowners association; removal of certain restrictive covenants; penalties.
44-1018 Same; application of act.
44-1021 Same; judicial review of commission action; civil enforcement of act.
44-1022 Same; civil action by attorney general, when.
44-1023 Same; assignment of case; expedition.
44-1024 Same; effect of city ordinances governing housing practices.
44-1025 Same; cooperation of commission with local agencies; agreements.
44-1026 Same; unlawful acts; enforcement of section.
44-1027 Same; unlawful act; penalties.
44-1029 Same; act supplemental.
44-1030 State and local government contracts; mandatory provisions.
44-1033 Initiation and processing complaints; use of information.
44-1034 Rules and regulations.
44-1038 Provisions of 44-1031 to 44-1037 supplemental to act against discrimination.
44-1039 Unlawful act; perjury.
44-1041 Unlawful acts; penalty.
44-1042 Award of compensatory damages; reduction.
44-1043 Provisions of 44-1039 to 44-1042 supplemental to act against discrimination.