Kansas's HOA governance act, the Uniform Common Interest Owners Bill of Rights Act (K.S.A. 58-4601 et seq.), contains no assessment-lien provision. For condominiums, K.S.A. 58-3123 gives the association a priority lien for unpaid common expenses that may be foreclosed like a mortgage. Planned-community liens come from the recorded declaration.
KUCIOBORA (K.S.A. 58-4601 et seq.) governs association budgets and assessments (§ 58-4620) but creates no statutory assessment lien. The lien remedy lives in the Kansas Apartment Ownership Act: K.S.A. 58-3123 provides that 'all sums assessed by the association of apartment owners but unpaid... shall constitute a lien on such apartment prior to all other liens except only (i) tax liens... and (ii) all sums unpaid on a first mortgage of record.' That lien 'may be foreclosed by suit by the manager or board of directors... in like manner as a mortgage of real property.' Kansas is a judicial-foreclosure, non-super-lien state, so a first mortgage outranks the association. For non-condo planned communities, lien and foreclosure power flows from the recorded CC&Rs, not statute.
Condominiums (Ch. 58, Art. 31): priority statutory lien foreclosable as a mortgage in district court, plus a personal money judgment for the debt. Planned-community HOAs: only the lien and foreclosure remedy written into the recorded declaration; no statutory backstop.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Shawnee, KS
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