Kan. Stat. Ann. § 44-1017a

Homeowners association; removal of certain restrictive covenants; penalties.

In Force
Verified 10/27/2026 · Next check 11/3/2026
effective 10/18/2026KansasFair Housing & Anti-Discrimination

Operative Text

Kan. Stat. Ann. § 44-1017a
(a) No declaration or other governing document of an association shall include a restrictive covenant in violation of K.S.A. 44-1016 and 44-1017, and amendments thereto.

(b) Within 60 days of the effective date of this act, the board of directors of an association shall amend any declaration or other governing document that includes a restrictive covenant in violation of K.S.A. 44-1016 and 44-1017, and amendments thereto, by removing such restrictive covenant. Such amendment shall not require the approval of the members of the association. No other change shall be required to be made to the declaration or other governing document of the association pursuant to this section. Within 10 days of the adoption of the amendment, the amended declaration or other governing document shall be recorded in the same manner as the original declaration or other governing document and shall be subject to recording fees pursuant to K.S.A. 28-115, and amendments thereto.

(c) If the commission, a city or county where the association is located provides written notice to an association requesting that the association delete a restrictive covenant in violation of K.S.A. 44-1016 and 44-1017, and amendments thereto, the association shall delete the restrictive covenant within 30 days of receiving the notice. If the association fails to delete the restrictive covenant in violation of K.S.A. 44-1016 and 44-1017, and amendments thereto, the commission, a city or county where the association is located, or any person adversely affected by such restrictive covenant may bring an action against the homeowners association for injunctive relief to enforce the provisions of subsections (a) and (b). The court may award attorney's fees to the prevailing party.

(d) If a city or county determines that the association is no longer active such that the written notice described in subsection (c) cannot be provided to the association, then the city or county, upon adoption of a resolution by the governing body of such city or county, may remove such restrictive covenant that is in violation of K.S.A. 44-1016 or 44-1017, and amendments thereto, by recording a certificate of release of prohibited covenants in accordance with K.S.A. 58-2274, and amendments thereto. A resolution may authorize the removal of more than one restrictive covenant that is in violation of K.S.A. 44-1016 or 44-1017, and amendments thereto. No signature or other consent of any property owner affected by such recording shall be required to record any certificate of release of prohibited covenants pursuant to this subsection. Any such certificate recorded pursuant to this subsection shall not affect the validity of any property interest recorded within the original or redacted plat. No city or county shall incur any liability arising from the recording of any certificate of release of prohibited covenants pursuant to this subsection. No fee shall be charged for any recording filed pursuant to this subsection. Any such recording shall be exempt from the survey requirements of K.S.A. 58-2001 et seq., and amendments thereto.

(e) For the purposes of this section:

(1) "Association" means a non-profit homeowners association as defined in K.S.A. 60-3611, and amendments thereto.

(2) "Commission" means the Kansas human rights commission as defined in K.S.A. 44-1002, and amendments thereto.

(f) This section shall be a part of and supplemental to the Kansas act against discrimination.
Source: Legislative text reproduced verbatim
Plain English

Kansas law under Kan. Stat. Ann. §§ 44-1001 & 44-1017a prohibits homeowners associations (HOAs) from including discriminatory restrictive covenants—those that violate the state's anti-discrimination statutes—in their governing documents. HOA boards were required to remove such covenants by amending their governing documents within 60 days of the law's effective date, without needing member approval, and to record the amended documents within 10 days of adoption. If an HOA fails to act after receiving written notice from the Kansas Human Rights Commission or a local government, enforcement options include injunctive relief and potential attorney's fee awards to the prevailing party.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 18, 2026

Plain English — not legal advice.

For Property Managers

Under Kan. Stat. Ann. §§ 44-1001 & 44-1017a, HOA boards of directors are generally expected to have already reviewed all governing documents—declarations, bylaws, and similar instruments—and removed any restrictive covenants that conflict with K.S.A. 44-1016 and 44-1017. Compliant associations record the amended governing documents in the same manner as the originals and within the timeframes the statute specifies. Boards that receive written notice from the Kansas Human Rights Commission or a city or county should be aware that failure to delete the identified covenant within 30 days can expose the association to a court action for injunctive relief and potential liability for the opposing party's attorney's fees.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Kan. Stat. Ann. §§ 44-1001 & 44-1017a gives any person adversely affected by a discriminatory restrictive covenant in an HOA's governing documents the right to seek injunctive relief in court if the association has failed to remove the covenant after proper notice. Tenants or prospective residents who believe a covenant in violation of K.S.A. 44-1016 or 44-1017 is affecting them may also contact the Kansas Human Rights Commission or the relevant city or county, which can independently issue written notice to the association or pursue enforcement. Consulting a tenant-rights organization or legal aid office can help individuals understand what options this provision makes available to them.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 18, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

K.S.A. § 28-115
Not yet ingested
K.S.A. § 58-2274
Not yet ingested
K.S.A. § 58-2001
Not yet ingested
K.S.A. § 60-3611
Not yet ingested

References In

Rules and statutes that cite this regulation

K.S.A. § 44-1017
K.S.A. § 44-1016
K.S.A. § 44-1016
K.S.A. § 44-1016
K.S.A. § 44-1027
K.S.A. § 44-1016
K.S.A. § 44-1016
K.S.A. § 44-1016
K.S.A. § 44-1016
K.S.A. § 44-1002
K.S.A. § 44-1010
K.S.A. § 44-1011
K.S.A. § 44-1015
K.S.A. § 44-1002
K.S.A. § 44-1016
K.S.A. § 44-1002
K.S.A. § 44-1018
K.S.A. § 44-1016
K.S.A. § 44-1002
K.S.A. § 44-1016
K.S.A. § 44-1005
K.S.A. § 44-1021
K.S.A. § 44-1019
K.S.A. § 44-1016
K.S.A. § 44-1021
K.S.A. § 44-1021
K.S.A. § 44-1016

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Source Information

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