Kansas HOA Assessment Liens & Foreclosure (K.S.A. 58-3123; KUCIOBORA)

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.