Kansas · CondominiumsKansas condo assessments: the lien, the first-mortgage exception and the buyer's statement

Under the Kansas Apartment Ownership Act, assessments for common expenses that an owner has not paid are a lien on the apartment prior to all other liens except tax liens in favor of any assessing unit and special district, and all sums unpaid on a first mortgage of record (K.S.A. 58-3123(a)). The manager or board may foreclose the lien like a mortgage, or sue for a money judgment without waiving the lien (58-3123(a)). In a voluntary conveyance, the grantee is jointly and severally liable with the grantor for all of the grantor's unpaid assessments up to the conveyance, and may recover them from the grantor (58-3124). The grantee is entitled to a statement from the manager or board of directors setting out the unpaid assessments, and neither the grantee nor the unit is liable for any amount beyond the statement (58-3124). A first-mortgage holder or other buyer who takes title through foreclosure of the first mortgage is not liable for assessments due before it acquired title (58-3123(b)). The statute sets no deadline or fee for the statement.