Start with the basics. After the next page, you can submit right away or
add more detail if you have documents and roster information ready.
Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (Owners' Bill of Rights Act)
The Kansas Uniform Common Interest Owners' Bill of Rights Act (K.S.A. 58-4601 et seq.) generally governs homeowners' associations in common-interest communities of 12 or more residential units, and it can reach communities created both before and after its January 1, 2011 effective date (K.S.A. 58-4606). It sets baseline rules for meetings, notice, records, and voting, but it generally does not impose a single statewide percentage for amending the declaration. The owner approval needed to amend the CC&Rs is generally whatever the recorded declaration itself specifies, so that document usually controls.
Condominiums (Apartment Ownership Act)
Many Kansas condominiums are organized under the Apartment Ownership Act (K.S.A. 58-3101 et seq.), which a project opts into by recording a declaration with the county register of deeds. That act generally requires each declaration to state its own method of amendment (K.S.A. 58-3111), so the recorded declaration usually sets the vote needed to amend. One notable statutory limit is that an owner's undivided interest in the common areas generally cannot be altered without the consent of all owners in a recorded amended declaration (K.S.A. 58-3106). Condominiums of 12 or more residential units may also fall under the Owners' Bill of Rights Act.
How the vote can run
Kansas law generally lets owners vote in person, by proxy, by secret ballot, by absentee ballot, or by electronic or paper ballot in a vote conducted without a meeting (K.S.A. 58-4614). Absentee ballots are generally available on request, and a ballot vote held without a meeting is generally valid only if the returns equal or exceed the quorum the association would need at a meeting. Notice content and timing, quorum, and the approval percentage are generally driven by the statute together with your recorded declaration and bylaws, so we confirm those details before opening voting.
Before we quote
Kansas details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Kansas vote has to answer.
Two frameworks can apply: the Owners' Bill of Rights Act (K.S.A. 58-4601 et seq.) for HOAs and common-interest communities, and the Apartment Ownership Act (K.S.A. 58-3101 et seq.) for condominiums.
The Owners' Bill of Rights Act generally reaches communities of 12 or more residential units, including many created before its January 1, 2011 effective date (K.S.A. 58-4606).
Kansas generally does not fix a single statewide supermajority for declaration amendments; the recorded declaration's stated amendment method usually controls the percentage.
Voting may generally be done in person, by proxy, by secret ballot, by absentee ballot, or by electronic or paper ballot without a meeting (K.S.A. 58-4614).
A ballot vote conducted without a meeting is generally valid only if the number of ballots returned meets the quorum that would be required at a meeting (K.S.A. 58-4614).
Undirected proxies held by non-board members are generally capped (around 15% of the votes), and a proxy is generally valid only for the meeting at which it is cast (K.S.A. 58-4614).
For condominiums, altering an owner's undivided interest in the common areas generally requires the consent of all owners in a recorded amended declaration (K.S.A. 58-3106).
Amendments generally take effect when the amended declaration is recorded with the county register of deeds; Kansas has no central state HOA filing agency.
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