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.
Topeka, KS
Topeka allows construction during daytime hours. Construction in or near residential areas is generally permitted from 7 AM to 9 PM on weekdays and 8 AM to 9...
Topeka, KS
Topeka requires vehicles to be parked on paved or approved surfaces. Parking on lawns is prohibited. Driveway modifications require permits.
Topeka, KS
Topeka regulates RV and boat storage in residential areas. Vehicles must be on improved surfaces and properly maintained.
Topeka, KS
Topeka generally does not require building permits for standard residential fences up to 6 feet. Fences must comply with zoning setback and height requirements.
Topeka, KS
Kansas law does not require neighbor consent for fence installation on your own property. Boundary fences may involve shared responsibility under common law ...
Topeka, KS
Topeka limits residential fence heights to 4 feet in front yards and 6 feet in side and rear yards under the zoning code.
See how Topeka's cc&r enforcement rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.