Kansas Statutes Annotated

K.S.A. § 58-3116 (2026)

Removal from provisions of this act

✓ current as of May 2026
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58-3116. Removal from provisions of this act. (a) All of the apartment owners may remove a property from the provisions of this act by an instrument to that effect, duly recorded, provided that the holders of all liens affecting any of the apartments consent thereto or agree, in either case by instruments duly recorded, that their liens be transferred to the percentage of the undivided interest of the apartment owner in the property as hereinafter provided.

(b) Upon removal of the property from the provisions of this act, the property shall be deemed to be owned in common by the apartment owners. The undivided interest in the property owned in common which shall appertain to each apartment owner shall be the percentage of undivided interest previously owned by such owner in the common areas and facilities.

History: L. 1963, ch. 329, § 16; July 1.


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Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2026–2026 · leading case: Stonegate Motorplaza Condo. Assoc. v. HP Motorplaza (Kan. Ct. App. 2026).
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Stonegate Motorplaza Condo. Assoc. v. HP Motorplaza (Kan. Ct. App. 2026). “K.S.A. 58-3116. In short, the district court correctly concluded that the convertible property became and remained common property under the terms of the Declaration and the Condo Act.”
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