Kansas Statutes 60-4709. Association action for construction defects in common-interest community; majority vote
Terms Used In Kansas Statutes 60-4709
- Action: means any civil action or arbitration proceeding between a claimant and a contractor for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the construction or a remodel of a dwelling. See Kansas Statutes 60-4701
- Association: means a non-profit homeowners organization as defined in Kan. See Kansas Statutes 60-4701
- Contractor: means any person, firm, partnership, corporation, association or other organization that is engaged in the business of constructing dwellings. See Kansas Statutes 60-4701
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- defect: means a deficiency in, or a deficiency arising out of the specifications, planning, supervision or construction of residential improvements that results from any of the following:
(1) Defective material, products or components used in the construction of residential improvements. See Kansas Statutes 60-4701
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) An association may bring an action to recover damages resulting from construction defects in any of the units, common elements or limited common elements of the common-interest community only:
(1) Upon a vote of the units’ owners to which at least a majority of the votes of the members of the association are allocated; and
(2) upon a vote of the executive board of the association.
(b) An association or an attorney for an association shall not employ a person to perform destructive tests to determine any damage or injury to a unit, common element or limited common element caused by a construction defect unless:
(1) The person performing the tests is someone in the business of performing such tests and analysis;
(2) the person performing the tests has provided a written schedule for repairs;
(3) the person performing the tests is required to repair all damage resulting from such tests in accordance with state laws and local ordinances and codes relating thereto; and
(4) the association or the person so employed obtains all permits required to conduct such tests and to repair any damage resulting from such tests.
(c) An association may commence an action only upon a vote or written agreement of the owners of the units to which at least a majority of the votes of the members of the association are allocated. In such a case, the association shall provide written notice to the owner of each unit of the meeting at which the commencement of an action is to be considered or action is to be taken within 21 calendar days before the meeting.
(d) In the absence of a contractual provision to the contrary, the executive board of an association, without giving notice to the units’ owner’s, may employ a contractor and such other persons as are necessary to make such repairs to a unit or common element within the common-interest community as are required to protect the health, safety and welfare of the units’ owners.