Kansas HOA Homeowner Rights (2026)

Under K.S.A. §58-4603, the provisions of this act are mandatory and apply notwithstanding contrary provisions in the declaration or bylaws. This means your HOA cannot write CC&Rs that strip away your statutory rights. If your CC&Rs conflict with the act, the act controls.

K.S.A. §58-4604 imposes an obligation of good faith in the performance or enforcement of every contract or duty under the act. An HOA that enforces rules arbitrarily, selectively, or in bad faith violates this statutory duty — not just CC&Rs.

K.S.A. §58-4605 defines the act's applicability — it applies to associations with 12 or more residential units. If your community has fewer than 12 units, verify whether the act applies. Most suburban planned communities meet this threshold.

Under K.S.A. §58-4616, HOAs must keep records for 5 years and make them available to homeowners upon 10 days' written request during reasonable business hours. The HOA may charge reasonable copy fees. Submit your records request in writing, keep a copy with the date sent, and count 10 business days from receipt.

K.S.A. §58-4612 requires board meetings to be open to unit owners. Executive sessions are restricted to specific limited topics — the board cannot conduct routine business in secret. If your HOA excluded you from a meeting that should have been open, that is a statutory violation.

K.S.A. §58-4611 requires the association to hold meetings with proper written notice to unit owners. If a board vote or enforcement action occurred at a meeting where proper notice was not given, any action taken may be procedurally defective.

K.S.A. §58-4614 governs unit owner voting procedures. Check your governing documents and §58-4614 to verify what decisions require unit owner votes — major assessments, rule changes, and board elections may require member approval.

K.S.A. §58-4617 governs how the board adopts rules, including fine schedules. Rules must follow the required adoption procedures and notice requirements. A fine schedule adopted without following §58-4617 procedures may be unenforceable.

K.S.A. §58-4619 gives unit owners the right to remove board members. If your board is acting improperly, removal is a statutory remedy — not just a political option. Check your governing documents for the specific vote threshold required.

K.S.A. §58-4621 provides the statutory mechanism for enforcing homeowner rights under the act. Fine and enforcement procedures should be verified against your governing documents and the full text of §58-4621. The good faith duty of §58-4604 and the mandatory provisions of §58-4603 reinforce every enforcement action.