(a) "Townhouse unit" means one single-family townhouse residential unit
which may be joined together with at least one additional single-family
townhouse residence by a common wall or walls, and/or roof, and/or
foundation: Provided, however, That in any event, the term "townhouse
unit" shall not mean an apartment as defined in K.S.A. 58-3102,
and any amendments thereto.
(b) "Townhouse owner" means the person or persons owning the real estate
in fee simple on which a townhouse unit is located.
(c) "Association of townhouse owners" referred to hereinafter as the
"association," shall mean and refer to a nonprofit corporation formed
pursuant to article 60 of chapter 17 of the Kansas Statutes Annotated,
which owns, in fee simple, the common areas and facilities for the common
use and enjoyment of the townhouse owners, as set forth in the declaration
and articles of incorporation. Every person or entity who is an owner of
fee simple title to a townhouse unit in a townhouse project area subject to
this act, shall be a member of the corporation, with voting rights as set
forth in the declaration and articles of incorporation. The association
shall exercise all of the powers and duties reasonably necessary to provide
for the management, maintenance, preservation, architectural control and as
insurance trustee for the benefit of each townhouse unit owner in
accordance with the bylaws and articles of the association and the
declaration.
(d) "Common areas and facilities" shall mean any portion of the real
estate and all improvements located thereon submitted to the provisions of
this act owned by the association for the common use and enjoyment of the
townhouse unit owners. Unless otherwise provided in the declaration or
lawful amendments thereto, common areas and facilities shall mean and
include:
(2) all community buildings, swimming pools, tennis courts, playground
equipment, recreational facilities, structures, trees, landscaping or other
improvements located upon real estate owned by the association;
(3) all paved private drives, streets and open parking areas located
upon real estate owned by the association;
(4) all installation of central services for the benefit of more than
one owner, such as television antennas, incinerators, trash receptacles,
pipes, wires, conduits and other public utility lines and facilities
situated thereon;
(5) all easements, rights and appurtenances thereto necessary to the
existence, maintenance and safety of the townhouse units; and
(6) all personal property owned by the association intended for use in
connection with the operation of swimming pools, tennis courts,
recreational facilities, building, structures or other facilities of the
association.
(1) All sums lawfully assessed against the townhouse unit owners by the
association pursuant to the declaration;
(2) expenses of administration, maintenance, repair or replacement of
the common areas and facilities incurred by the association pursuant to the
declaration;
(3) expenses agreed upon as common expenses by the association at
special or regular meetings held pursuant to the declaration; and
(4) expenses declared common expenses by provisions of this act or by
the declaration or the bylaws of the association.
(f) "Declaration" means covenants and restrictions which run with the
land and create certain land use restrictions, maintenance assessments
which become liens against the real estate and easements in favor of all
townhouse unit owners and the association.
Said declaration shall be recorded in the office of the register of
deeds in the county where the real estate is located and shall be the
instrument by which real estate is submitted to the provisions of this act.
58-3703: Scope of act.
This act shall be applicable only to real estate which is submitted to
the provisions hereof by duly executing and recording a declaration as
hereinafter provided.
History: L. 1975, ch. 291, § 3; July 1.
58-3704: Townhouse units.
Each townhouse unit, together with all rights appurtenant thereto, shall
for all purposes constitute real property.
History: L. 1975, ch. 291, § 4; July 1.
58-3705: Covenants, conditions and restrictions.
Each townhouse unit owner shall comply with all the covenants,
conditions and restrictions set forth or referred to in the declaration and
all amendments thereto.
History: L. 1975, ch. 291, § 5; July 1.
58-3706: Declaration; contents.
The declaration shall contain the following particulars:
(a) Description of the real estate on which the townhouse units are or
are to be located.
(b) Description of the townhouse units.
(c) Description of the common areas and facilities.
(d) All common expenses and the method by which such expenses may be
incurred and charged to the townhouse unit owners.
(e) All lien rights of the association for non-paid common expenses.
(f) All easements created for the benefit of the association and all
townhouse unit owners.
(g) All provisions relating to insurance required to be obtained and
maintained by the association and/or by each townhouse unit owner,
including the obligation of the insurance trustee to use proceeds received
after loss for rebuilding.
(h) The method by which the declaration may be amended, consistent with
the provisions of this act.
(i) Such other provisions not inconsistent with this act as the
declarant may deem necessary.
History: L. 1975, ch. 291, § 6; July 1.
58-3707: Recordation of declaration and legal description.
There shall be recorded simultaneously with the declaration, at the
office of the register of deeds, one or more plats of survey showing the
legal description, the location and dimensions of the submitted land, the
location and description of any land which may be added to the townhouse
project if such right is set forth in the declaration, and the location and
dimensions of each townhouse unit and all common area improvements.
History: L. 1975, ch. 291, § 7; July 1.
58-3708: Amendments to declaration.
The declaration, any amendment, or amendments thereof, any instrument by
which the provisions of this act may be waived, and every instrument
affecting the common area and facilities, or any townhouse unit, shall be
entitled to be recorded. Neither the declaration nor any amendment thereof
shall be valid unless duly recorded.
History: L. 1975, ch. 291, § 8; July 1.
58-3709: No exemption from liability.
No townhouse unit owner may exempt himself or herself from liability for
his or her contribution towards the common expenses by waiver of the use or
enjoyment of any of the common areas and facilities, or by abandonment of
his or her townhouse unit.
History: L. 1975, ch. 291, § 9; July 1.
58-3710: Common expenses; liens; foreclosure sale.
All sums assessed by the association, but unpaid, for the share of the
common expenses chargeble to any townhouse unit shall constitute a lien on
such townhouse unit prior to all other liens except (i) tax liens on the
townhouse unit in favor of any assessing unit and special district, and
(ii) all sums unpaid on a first mortgage of record. Such lien may be
foreclosed by suit by the association in like manner as a mortgage of real
property, and in any such foreclosure, the townhouse unit owner shall be
required to pay a reasonable rental for the townhouse unit, if so provided
in the bylaws, and the plaintiff in such foreclosure shall be entitled to
the appointment of a receiver to collect the same. The association shall
have power, unless prohibited by the declaration, to bid on the townhouse
unit at foreclosure sale and to acquire and hold, lease, mortgage and
convey the same. The suit to recover a money judgment for unpaid common
expenses shall be maintainable by the association without foreclosing or
waiving the liens securing the same. Where the mortgagee under a first
mortgage of record or other purchaser of a townhouse unit obtains title to
the townhouse unit as a result of foreclosure of the first mortgage, such
acquirer of title, his or her successors and assigns shall not be liable
for the share of the common expenses or assessment by the association
chargeable to such townhouse unit which become due prior to the acquisition
of title to such townhouse unit by such buyer. Such unpaid share of common
expenses or assessments shall, however, be deemed to be common expenses
collectible from all of the townhouse owners, including such acquirer, his
or her successors and assigns.
History: L. 1975, ch. 291, § 10; July 1.
58-3711: Same; effect of conveyances.
In a voluntary conveyance, the grantee of a townhouse unit shall be
jointly and severally liable with the grantor for all unpaid assessments
against the latter for his or her share of the common expenses up to the
time of the grantor conveyance, without prejudice to the grantee's right to
recover from the grantor the amounts paid by the grantee therefor. However,
any such grantee shall be entitled to a statement from the board of
directors of the association setting forth the amount of the unpaid
assessments against the grantor, and such grantee shall not be liable for
nor shall the townhouse unit conveyed be subject to a lien for any unpaid
assessments against the grantor in excess of the amount therein set forth.
History: L. 1975, ch. 291, § 11; July 1.
58-3712: Insurance coverage; proceeds; blanket coverage.
The declaration shall require each townhouse owner to maintain fire and
extended coverage insurance against loss or damage by fire or other
casualty to the full replacement value of the townhouse unit, excluding
land, foundation and excavations. The declaration shall require that such
insurance shall provide for payment for losses thereunder by the insurer to
the association, or its nominee, as insurance trustee for the benefit of
each owner, the holder of each first mortgage of record thereon, and the
association as their interests appear and as set forth in the declaration.
The declaration shall provide that the proceeds from insurance received by
the insurance trustee shall be used to repair, reconstruct or rebuild the
townhouse units damaged or destroyed by said fire or other casualty, unless
all townhouse unit owners and their first mortgagees agree in writing to
not repair, reconstruct or rebuild. The declaration may require the board
of directors of the association to obtain and maintain such insurance under
one blanket fire and extended coverage policy providing such insurance for
all owners and first mortgagees of townhouse units, as their interests may
appear pursuant to the declaration. In such event, the declaration may
provide that the insurance premiums are common expenses to be paid as set
forth in the declaration. In such event, each townhouse unit owner shall be
furnished a memorandum of insurance coverage approved by the commissioner
of insurance setting forth the essential coverages of the blanket policy.
Provision for such blanket insurance shall be without prejudice to the
right of each townhouse unit owner to insure his or her own townhouse unit
under a separate policy if benefits thereunder are payable to the
association or its nominee as insurance trustee for the benefit of the
association and all owners and their first mortgagees, as their interests
may appear.
History: L. 1975, ch. 291, § 12; July 1.
58-3713: Townhouse units unaffected, when.
No townhouse unit created prior to the effective date of this act shall
be affected by this act without the consent of all townhouse owners and
their first mortgagees expressed in an amended declaration duly recorded.
History: L. 1975, ch. 291, § 13; July 1.