No Kansas agency regulates HOAs. Two years of records confirm it
No Kansas agency regulates HOAs. Two years of records confirm it
2026-09-10 · Kansas · Regulation
A Kansas homeowner with a governance complaint against their association has exactly one option, and it is a lawsuit. There is no regulator to complain to, no licensing body with jurisdiction over the manager, and no state office that receives, investigates or resolves association disputes.1
That is a familiar claim, often asserted and rarely checked. Here is what the record actually shows.
The Attorney General: thirty-five opinions, none on point
Every Kansas Attorney General opinion issued in 2025 (Nos. 2025-1 through 2025-26) and in 2026 through September (Nos. 2026-1 through 2026-9) was searched for homeowners associations, condominiums, common interest communities, the Kansas Uniform Common Interest Owners Bill of Rights Act, restrictive covenants, and open-meetings questions as applied to associations.
Not one of the thirty-five addresses the subject. The single keyword hit, Opinion No. 2025-12, mentions restrictive covenants only in connection with the disposition of state-owned real property held by the State Historical Society. In two years, no Kansas official asked the Attorney General to construe the state's community association statute.
The Real Estate Commission: no community association manager licence exists
Kansas has no community association manager licensing act. The Kansas Real Estate Commission administers the real estate brokers' and salespersons' licence law; managing a community association is not itself a licensed activity, and residential property management generally falls outside the Commission's jurisdiction.
A correction is warranted here, because the opposite claim circulates widely. Several online summaries assert that the Kansas Real Estate Commission has authority over registered homeowners associations and can investigate complaints about excessive or unfair fines. No such registry exists, and no such authority appears anywhere in the Commission's own description of its jurisdiction. Kansas homeowners acting on that claim will find nobody at the other end.
What the statute puts in place instead
K.S.A. 58-4621 provides that “a declarant, association, unit owner, or any other person subject to this act may bring an action to enforce a right granted or obligation imposed by this act, the declaration, or the bylaws,” and that “the court may award reasonable attorney's fees and costs.”2 That is the mechanism. There is no other.
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Related Kansas HOA Topics
- Kansas Attorney General opinions, 2025 — complete index ↩
- K.S.A. 58-4621, Enforcement of rights, with case annotations — Kansas Office of Revisor of Statutes ↩
- K.S.A. 58-4608, Association powers and duties — Kansas Office of Revisor of Statutes ↩
- K.S.A. 58-4616, Records — Kansas Office of Revisor of Statutes ↩
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