Bylaws

[festival]

I found the following. Can't be absolutely sure it applies to the OP as there is also an applicability section.

"Chapter 58, Article 46. - KANSAS UNIFORM COMMON INTEREST OWNERS BILL OF RIGHTS ACT

58-4616. Same; record keeping requirements; records open to unit owners; copy fees. (a) The association, or its agents, must retain the following for five years unless otherwise provided:
...(4) its original or restated organizational documents, if required by law other than this act, bylaws and all amendments to them, and all rules currently in effect;
...
(d) An association may charge a reasonable fee for providing copies..."

 

[Zigner]

Sheesh, is it THAT hard to actually answer a question?

Here's how it's done:

OP should refer to Chapter 58, Article 46, Section 16

Specifically, it outlines procedures for requesting an examination of the records and copies thereof. It also outlines the fact that the association would be allowed to charge a reasonable fee for supervision and copying of said records.

http://www.kslegislature.org/li/statute/058_000_0000_chapter/058_046_0000_article/058_046_0016_section/058_046_0016_k/

 

[Zigner]

i found the following. Can't be absolutely sure it applies to the op as there is also an applicability section.

"chapter 58, article 46. - kansas uniform common interest owners bill of rights act

58-4616. Same; record keeping requirements; records open to unit owners; copy fees. (a) the association, or its agents, must retain the following for five years unless otherwise provided:
...(4) its original or restated organizational documents, if required by law other than this act, bylaws and all amendments to them, and all rules currently in effect;
...
(d) an association may charge a reasonable fee for providing copies..."

exactly !

 

[CLJM]

Zigner,

It's unfortuante that I could not appease you. The Act was the same that I referred to but, still does not address the requirement for the BOD to distribute the documents to new owners/members---58-4616 speaks to "the association retaining...and open for examination" 4617 better speaks to the "notification and distribution" but, still about ongoing business: adopting, amending, or repealing---not distribution of documents to new membership owners.

My position remains the same, you will find the specific obligations/requirements for BOD/new members within the community documents (guideline and policies)that are specific to that community.

 

[HomeGuru]

Zigner,

It's unfortuante that I could not appease you. The Act was the same that I referred to but, still does not address the requirement for the BOD to distribute the documents to new owners/members---58-4616 speaks to "the association retaining...and open for examination" 4617 better speaks to the "notification and distribution" but, still about ongoing business: adopting, amending, or repealing---not distribution of documents to new membership owners.

My position remains the same, you will find the specific obligations/requirements for BOD/new members within the community documents (guideline and policies)that are specific to that community.

**A: either way a new HOA member could get or review the pertinent document.

 

[CLJM]

**A: either way a new HOA member could get or review the pertinent document.

ABSOLUTELY ! And, if the community HOA wants solid footing on legal enforcement, they will have the specific requirements in writing....distributed....and, accepted. To ensure this, the HOA will go to the homeowner, not wait for the homeowner to come to them.

 

[Zigner]

And, upon reviewing this thread, I find that an apology to LdiJ is in order. Not for the request for a cite...but for my statement that I disagree.

As a point of fact though...the law that has (now) been cited only became effective on January first of this year.

 

[Zigner]

Zigner,

It's unfortuante that I could not appease you. The Act was the same that I referred to but, still does not address the requirement for the BOD to distribute the documents to new owners/members---58-4616 speaks to "the association retaining...and open for examination" 4617 better speaks to the "notification and distribution" but, still about ongoing business: adopting, amending, or repealing---not distribution of documents to new membership owners.

My position remains the same, you will find the specific obligations/requirements for BOD/new members within the community documents (guideline and policies)that are specific to that community.

The reason you didn't "appease" rolleyes me is that you did not back up your statements with any citations to law. Please understand this point and learn from it.

 

[HomeGuru]

And, upon reviewing this thread, I find that an apology to LdiJ is in order. Not for the request for a cite...but for my statement that I disagree.

As a point of fact though...the law that has (now) been cited only became effective on January first of this year.

**A: there is no law against disagreeing. Or is there?

 

[Zigner]

**A: there is no law against disagreeing. Or is there?

Give it a few...someone will find a cite

 

[HomeGuru]

Give it a few...someone will find a cite

**A: it won't be me since I'm way too busy making my list and checking it twice.

 

[CLJM]

I also think we may have gotten sidetracked from what may be the OP's actual issue----not so much the copies of the documents themselves---but,

" no condo governed by these bylaws can be rented, no business can be run from them, and certain types of vehicles can be parked in driveways. All of these are currently taking place. Any suggestions?"

That is another issue: The ENFORCEMENT and/or lack of enforcement of the HOA CC&RS. For either one, the "rights" will be in the documents themselves, ( state provides option that HOA may require disputes be settled through ADR- alternative dispute resolution) if the HOA requires that, it is community specific, and the procedures for remedy and due process will be found within the guidelines and policies set up by the board.

 

[Zigner]

Last edited by HomeGuru; Today at 09:25 AM. Reason: verb tense correction

Are you massaging those verbs to release some of their tension?

 

[HomeGuru]

Are you massaging those verbs to release some of their tension?

**A: word shiatsu. If spoken call it tongue fu.

 

[CLJM]

As a point of fact though...the law that has (now) been cited only became effective on January first of this year.

The law for obligation/requirement of distribution of documents to new homeowners has not been cited.

But, let's not continue to banter back and forth about it.

Have a great day....