A condominium association is an association of unit owners in a condominium building. The association elects a board of directors, which handles the maintenance and repair of common areas, disputes among unit owners, and enforcement of rules and regulations, and condominium fees. The rules and regulations are normally adopted by the board of directors of the association.
Kansas Rules and Regulations of an Association of Owners of a Condominium Association
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Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community.
In Kansas, HOAs are governed by the Kansas Uniform Common Interest Owners Bill of Rights Act found in Chapter 58 Article 46 of the Kansas Statutes. This act establishes the rights and duties of unit owners and associations for effective operations.
The purposes of UCIOBORA are to establish uniform rules of law to clarify the rights and duties of unit owners and associations in all forms of common interest communities; to provide for the effective operation of common interest communities in the interest of their owners and their residents; and to address current ...
HOA Rental Restrictions North Carolina Courts have generally upheld that covenants that only permit the residential use of properties are not broken by rentals since they do not count as commercial use. As such, restrictions that prohibit or limit rentals should be more specific.
A POA is not limited to the type of building or property owner that it governs. Whereas a HOA is about a community of the same type of properties, a POA is usually a mix of property types, including single family residences and businesses.
Who Regulates HOAs in Kansas? In Kansas, HOAs are governed by the Kansas Uniform Common Interest Owners Bill of Rights Act found in Chapter 58 Article 46 of the Kansas Statutes. This act establishes the rights and duties of unit owners and associations for effective operations.
If your documents do not prohibit or restrict rentals, the association may not have the authority to take any action against the rental property owner. If your documents do prohibit it, then the association can take enforcement actions.
Restrictions capping the number of rentals to less than 25% are no longer permitted. Caps can be 25%, 30%, etc. Condos and HOAs can still ban short-term rentals and stop unruly parties from impacting the community. However, owners can now create valid rental agreements lasting 31 days or longer.