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Kansas stripped cities of fence authority and said in the statute that an HOA is not a city

Kansas · Legislation

Kansas stripped cities of fence authority and said in the statute that an HOA is not a city

Kansas passed a small law about electric fences that contains the clearest statement the Legislature has made in years about homeowners associations. House Bill 2603 forbids cities and counties from regulating battery-charged security fences. Then, in the definitions, it says who is not covered by that prohibition.1

The bill was vetoed by Governor Laura Kelly and enacted over her veto during the 2026 wrap-up session.

The definition

Section 1(b) reads: “‘Municipality’ means any county, township, city, district of whatever name or nature or any other political subdivision of this state, including any board, bureau, commission, committee or other agency, having power to regulate the use of private property or the installation or operation of electric or nonelectric security fencing or alarm systems on private property. ‘Municipality’ does not include a homeowners or similar private, nongovernmental association.”2

That final sentence was not necessary to make the bill work. A homeowners association is plainly not a county or a township, and no ordinary reading of the first sentence would have swept one in. The Legislature wrote it anyway.

What the prohibition actually does

Section 2(a) bars a municipality from adopting or enforcing any ordinance, resolution, code, standard or regulation that requires a permit or fee for a battery-charged security fence beyond what it requires for an alarm system; that imposes installation or operational requirements “inconsistent or conflict[ing] with or that are additional to” the statutory specification; or that “prohibits or imposes conditions upon the installation, operation, placement, servicing or maintenance” of such a fence.

The statutory specification in Section 1 is narrow. The fence must sit behind a perimeter barrier, be energized by a battery not exceeding 12 volts of direct current meeting IEC standard 60335-2-76, carry warning signage, and — critically for residential communities — “is located on property that is not designated by a municipality exclusively for residential use.”

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Related Kansas HOA Topics

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  1. HB 2603 bill history, Kansas State Legislature ↩
  2. House Bill No. 2603, enrolled text, 2026 Kansas Legislature ↩
  3. K.S.A. 58-4617, Rules; adoption procedures; notice — Kansas Office of Revisor of Statutes ↩

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