58-4607. Same; 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 activities specified in their arrangement or declarations does not create a separate common interest community.
(b) An arrangement between an association and the owner of real estate that is not part of a common interest community to share the costs of real estate taxes, insurance premiums, services, maintenance or improvements of real estate, or other activities specified in their arrangement does not create a separate common interest community. However, assessments against the units in the common interest community required by the arrangement must be included in the periodic budget for the common interest community, and the arrangement must be disclosed in all public offering statements and resale certificates required by this act.
(c) A covenant that requires the owners of separately owned parcels of real estate to share costs or other obligations associated with a party wall, driveway, well, or other similar use does not create a common interest community unless the owners otherwise agree.
(d) This section shall take effect on and after January 1, 2011.
History: L. 2010, ch. 116, ยง 7; July 1.
Structure Kansas Statutes
Chapter 58 - Personal And Real Property
Article 46 - Kansas Uniform Common Interest Owners Bill Of Rights Act
58-4601 Kansas uniform common interest owners bill of rights act; findings; purpose.
58-4603 Same; provisions mandatory.
58-4604 Same; duty of good faith.
58-4605 Same; application of act.
58-4606 Same; prospective application; supersedes existing provisions.
58-4607 Same; arrangements not considered common interest communities.
58-4608 Same; association duties; restrictions; board of directors discretion.
58-4609 Same; officers, board of directors duties; restrictions.
58-4611 Same; association meetings; notice.
58-4613 Same; quorum requirements; rules of order.
58-4614 Same; unit owner voting procedures.
58-4616 Same; record keeping requirements; records open to unit owners; copy fees.
58-4617 Same; rules; adoption procedures; notice.
58-4618 Same; delivery of notice.
58-4619 Same; board of directors; removal.
58-4620 Same; adoption of budget; special assessments.
58-4621 Same; enforcement of rights.