All Laws Decoded

HOA Liens and Foreclosure in Kansas

Whether a homeowners or condo association can foreclose on its lien for unpaid dues in Kansas, and the limits.

Short answer: For condominiums under the Apartment Ownership Act and townhouses under the Townhouse Ownership Act, unpaid assessments for a unit's share of common expenses are a lien on the unit that ranks ahead of all other liens except property tax and special district liens and amounts unpaid on a… K.S.A. 58-3123; K.S.A. 58-3710

HOA liens and foreclosureFor condominiums under the Apartment Ownership Act and townhouses under the Townhouse Ownership Act, unpaid assessments for a unit's share of common expenses are a lien on the unit that ranks ahead of all other liens except property tax and special district liens and amounts unpaid on a first mortgage of record. The association (for condominiums, the manager or board acting for the owners) may foreclose the lien by lawsuit in the same way as a mortgage, may bid on the unit at the foreclosure sale unless the declaration prohibits it, and may instead sue for a money judgment without giving up the lien. If the bylaws provide for it, the owner must pay reasonable rent during the foreclosure and a receiver may be appointed to collect it. A first-mortgage lender or other buyer who takes title by foreclosing the first mortgage is not liable for assessments that came due before it took title; those amounts become a common expense shared by all owners.
Townhouse Ownership Act lien section: https://ksrevisor.gov/statutes/chapters/ch58/058_037_0010.html. Under the Kansas Uniform Common Interest Owners Bill of Rights Act, an association may also suspend a right or privilege of an owner who fails to pay an assessment, but may not deny access to the unit, suspend voting except on assessment and fee issues, or withhold services if that would endanger health, safety or property (K.S.A. 58-4608: https://ksrevisor.gov/statutes/chapters/ch58/058_046_0008.html).
Source: K.S.A. 58-3123; K.S.A. 58-3710

More Kansas foreclosure & homeowner law

FAQ

Can an HOA foreclose on your home in Kansas?
For condominiums under the Apartment Ownership Act and townhouses under the Townhouse Ownership Act, unpaid assessments for a unit's share of common expenses are a lien on the unit that ranks ahead of all other liens except property tax and special district liens and amounts unpaid on a first mortgage of record. The association (for condominiums, the manager or board acting for the owners) may foreclose the lien by lawsuit in the same way as a mortgage, may bid on the unit at the foreclosure sale unless the declaration prohibits it, and may instead sue for a money judgment without giving up the lien. If the bylaws provide for it, the owner must pay reasonable rent during the foreclosure and a receiver may be appointed to collect it. A first-mortgage lender or other buyer who takes title by foreclosing the first mortgage is not liable for assessments that came due before it took title; those amounts become a common expense shared by all owners.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.