Kansas HOA Law Changes 2021–2025: What Every Board Needs to Know

<h2>Overview of Kansas HOA Law Changes 2021–2025</h2>

<p>Kansas community associations are governed by the Kansas Apartment Ownership Act (K.S.A. 58-3101 et seq.) for condominiums and the Kansas Residential Association Act for planned communities. Between 2021 and 2024, Kansas enacted several important updates — electronic meeting and notice authority, solar energy rights, assessment lien priority clarification, enforcement due process, electronic voting, and member record access. Here is a session-by-session breakdown.</p>

<h2>2021 Legislative Session</h2>

<h3>HB 2180 — Electronic Notice and Meeting Rights</h3>

<p>HB 2180 amended the Kansas Apartment Ownership Act to authorize electronic delivery of all required association notices and to permit association meetings to be conducted by remote electronic means — including video conference and telephone conference. The amendment was originally adopted in response to COVID-19 operational needs but was made permanent by subsequent legislation. Boards that resumed in-person-only meetings after the pandemic and reverted to paper-only notices should confirm that their current notice and meeting practices are consistent with the electronic authorization now available under Kansas law.</p>

<h2>2022 Legislative Session</h2>

<h3>SB 462 — Solar Energy Installation Rights</h3>

<p>SB 462 prohibited Kansas homeowners associations from adopting or enforcing any covenant, condition, or restriction that prohibits or unreasonably restricts the installation of solar energy systems. Associations retain authority to approve the installation location — requiring panels on rear-facing slopes where feasible — require licensed installation by a certified solar installer, and set maintenance standards that do not materially reduce the system's efficiency. Any existing CC&amp;R provision that amounts to an outright prohibition on solar is void under Kansas law. Boards should audit governing documents and remove or amend non-compliant solar restrictions before receiving installation requests from members.</p>

<h3>HB 2602 — Assessment Lien Priority — Modified Priority Rule</h3>

<p>HB 2602 clarified Kansas law on the priority of condominium assessment liens relative to first mortgage liens. Kansas adopted a modified priority rule under which the association's lien for 6 months of assessments is super-priority over a first mortgage lien — meaning the association's 6-month assessment lien is paid before the mortgage lender in a foreclosure sale, even if the mortgage predates the assessment lien. This is consistent with the approach in other UCIOA jurisdictions and is intended to ensure that associations can recover at least some assessments even when a unit is in mortgage foreclosure. Kansas condo boards should ensure their governing documents and lien policies reflect this super-priority rule.</p>

<h2>2024 Legislative Session</h2>

<h3>HB 2734 — HOA Enforcement Due Process</h3>

<p>HB 2734 added a statutory enforcement due process requirement for Kansas planned community associations. Before imposing a fine, the association must provide the member with a written notice of the alleged violation identifying the specific governing document provision violated, and a 21-day opportunity to cure the violation. If the member requests a hearing within the cure period, the board must schedule a hearing within 21 days of the request. Fines may not be imposed until after the hearing is held or the member waives the right to a hearing in writing. Boards that have been imposing fines without this notice-and-hearing process are out of compliance with Kansas law and must immediately update their enforcement procedures.</p>

<h3>SB 518 — Electronic Voting Authorization</h3>

<p>SB 518 expressly authorized electronic voting for board elections and amendments to governing documents for Kansas community associations. Boards must adopt a written electronic voting policy before administering the first electronic election. The policy must provide members with the option to vote electronically at least 30 days before the election, ensure ballot secrecy, and prevent duplicate voting. Paper ballot alternatives must remain available for members who request them — associations may not eliminate paper ballot voting entirely. Boards planning to modernize their election processes should adopt a compliant written policy well in advance of the next election cycle.</p>

<h3>HB 2788 — Record Inspection Rights</h3>

<p>HB 2788 established a statutory right for members of Kansas community associations to inspect and copy the association's financial records, meeting minutes, and governing documents. Members must submit a written request, and associations must respond within 10 business days. Associations may charge no more than the actual cost of copying — they may not charge per-page rates above the actual copying cost. Repeated failure to produce records within the statutory period may be the basis for a court order compelling production and an award of attorney fees to the requesting member.</p>

<h2>Board Action Checklist</h2>

<ul>

<li>Adopt or update your electronic meeting and notice policy to take advantage of the permanent authorization</li>

<li>Audit CC&amp;Rs for solar installation prohibitions and repeal any outright bans</li>

<li>Update governing documents or collection policies to reflect the 6-month super-priority lien rule</li>

<li>Implement a written fine and enforcement policy with 21-day cure notice and hearing right before any fine</li>

<li>Adopt a written electronic voting policy before the next election cycle</li>

<li>Establish a written record inspection procedure with a 10-business-day response commitment</li>

</ul>

<h2>How APM Helps Kansas HOA Boards Stay Compliant</h2>

<p>APM's remote HOA management service tracks Kansas legislative changes and provides client boards with updated policy templates, compliance guidance, and enforcement procedures. <a href="/remote-hoa-management/kansas">Learn about our Kansas remote management services</a>.</p>

<p><em>Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Kansas attorney for guidance specific to your community.</em></p>