Kansas law · Common Interest Owners' Bill of Rights Act

K.S.A. § 58-4621

Enforcement of rights

Covered in 1 owner guide

What this section does for you

Lets any unit owner bring an action to enforce a right under the act, declaration, or bylaws, with attorney's fees available and remedies to be liberally administered.
Owner guide: Selective enforcement in Kansas

The statutory text

Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.

58-4621. 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, § 20; July 1.