44-1017a. Same; homeowners association; removal of certain restrictive covenants; penalties.
44-1017a
44-1017a. Same; homeowners association; removal ofcertain restrictive covenants; penalties.(a) No declaration or other governing document of anassociation shall include a restrictive covenant in violation of K.S.A. 44-1016and 44-1017 and amendments thereto.
(b) Within 60 days of the effective date of this act, the board of directorsof an association shall amend any declarationor other governing document that includes a restrictive covenant in violationof K.S.A. 44-1016 and 44-1017, and amendments thereto, by removing suchrestrictive covenant. Such amendment shall not require the approval of themembers of the association. No other change shall be required to be made to thedeclaration or other governing document of the association pursuant to thissection. Within 10 days of the adoption of the amendment, the amendeddeclaration or other governing document shall be recorded in the same manner asthe original declaration or other governing document. No fee shall be chargedfor such recording.
(c) If the commission, a city or county inwhich the association is located provides written notice to an associationrequesting that the association delete a restrictive covenant in violation ofK.S.A. 44-1016 and 44-1017, and amendments thereto, the association shalldelete the restrictive covenant within 30 days of receiving the notice. If theassociation fails to delete the restrictive covenant in violation of K.S.A.44-1016 and 44-1017, and amendments thereto, the commission, a city or countyin which the association is located, or any person adversely affected by suchrestrictive covenant may bring an action against the homeowners association forinjunctive relief to enforce the provisions of subsections (a) and (b) of thissection. The court may award attorney's fees to the prevailing party.
(d) For the purposes of this section:
(1) "Association" means a non-profit homeowners association as defined inK.S.A. 60-3611 and amendments thereto.
(2) "Commission" means the Kansas human rights commission as defined inK.S.A. 44-1002 and amendments thereto.
(e) This section shall be supplemental to and a part of the Kansas actagainst discrimination.
History: L. 2006, ch. 144, § 1; July 1.