58-4621. Same; 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 costs.
(b) Parties to a dispute arising under this act, the declaration, or the bylaws may agree to resolve the dispute by any form of binding or nonbinding alternative dispute resolution, but:
(1) A declarant may agree with the association to do so only after the period of declarant control has expired; and
(2) an agreement to submit to any form of binding alternative dispute resolution must be in a record authenticated by the parties.
(c) The remedies provided by this act shall be liberally administered to the end that the aggrieved party is put in as good a position as if the other party had fully performed.
(d) This section shall take effect on and after January 1, 2011.
History: L. 2010, ch. 116, ยง 20; 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.