Under KUCIOBORA, a Kansas association may adopt and enforce rules but must give all unit owners advance notice of any rule change, and 'every rule must be reasonable' (K.S.A. 58-4617). Covenant and rule disputes are enforced through K.S.A. 58-4621, which lets owners or the association sue and allows the court to award attorney fees.
K.S.A. 58-4617 sets the rule-making procedure: 'Before adopting, amending, or repealing any rule, the board of directors shall give all unit owners notice' of its intent, the text of the change, and a date the board will act after considering owner comments. The section commands that 'every rule must be reasonable.' Enforcement of covenants, the declaration, bylaws, and rules runs through K.S.A. 58-4621 ('Enforcement of rights'): a declarant, the association, a unit owner, or other person may bring an action, parties may agree to binding or non-binding alternative dispute resolution, and 'the court may award reasonable attorney fees and costs.' KUCIOBORA creates no separate architectural-review statute — design controls come from the recorded CC&Rs, enforced under § 58-4621.
An owner or the association may sue to enforce or challenge a covenant or rule under K.S.A. 58-4621; remedies are liberally administered and the prevailing party may recover reasonable attorney fees and costs. A rule that is unreasonable or adopted without the required notice is vulnerable to challenge.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Shawnee, KS
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