OWNER’S GUIDE TO TOWNHOUSE LIVING

Test

A townhouse is a residential property in which the Owners each hold title to their individual unit
in fee simple and also own a proportionate share of the common property. Townhouse Owners
are responsible for the interiors of their own units, and mortgage, principal, interest and taxes for
their own unit. They are also responsible for a proportionate share of the maintenance costs of
the common property.

Test

Townhouse Ownership Act
Name of act; citation.  This act shall be known and may be cited as the "townhouse ownershipact."
Definitions.  As used in this act, unless the context otherwise requires:       (a)   "Townhouse unit" means one single-family townhouse residential unitwhich may be joined together with at least one additional single-familytownhouse residence by a common wall or walls, and/or roof, and/orfoundation: Provided, however, That in any event, the term "townhouseunit" shall not mean an apartment as defined in K.S.A. 58-3102,and any amendments thereto.
       (b)   "Townhouse owner" means the person or persons owning the real estatein fee simple on which a townhouse unit is located.
       (c)   "Association of townhouse owners" referred to hereinafter as the"association," shall mean and refer to a nonprofit corporation formedpursuant to article 60 of chapter 17 of the Kansas Statutes Annotated,which owns, in fee simple, the common areas and facilities for the commonuse and enjoyment of the townhouse owners, as set forth in the declarationand articles of incorporation. Every person or entity who is an owner offee simple title to a townhouse unit in a townhouse project area subject tothis act, shall be a member of the corporation, with voting rights as setforth in the declaration and articles of incorporation. The associationshall exercise all of the powers and duties reasonably necessary to providefor the management, maintenance, preservation, architectural control and asinsurance trustee for the benefit of each townhouse unit owner inaccordance with the bylaws and articles of the association and thedeclaration.
       (d)   "Common areas and facilities" shall mean any portion of the realestate and all improvements located thereon submitted to the provisions ofthis act owned by the association for the common use and enjoyment of thetownhouse unit owners. Unless otherwise provided in the declaration orlawful amendments thereto, common areas and facilities shall mean andinclude:
       (1)   All real estate owned in fee simple by the association;
       (2)   all community buildings, swimming pools, tennis courts, playgroundequipment, recreational facilities, structures, trees, landscaping or otherimprovements located upon real estate owned by the association;
       (3)   all paved private drives, streets and open parking areas locatedupon real estate owned by the association;
       (4)   all installation of central services for the benefit of more thanone owner, such as television antennas, incinerators, trash receptacles,pipes, wires, conduits and other public utility lines and facilitiessituated thereon;
       (5)   all easements, rights and appurtenances thereto necessary to theexistence, maintenance and safety of the townhouse units; and
       (6)   all personal property owned by the association intended for use inconnection with the operation of swimming pools, tennis courts,recreational facilities, building, structures or other facilities of theassociation.
       (e)   "Common expenses" means:
       (1)   All sums lawfully assessed against the townhouse unit owners by theassociation pursuant to the declaration;
       (2)   expenses of administration, maintenance, repair or replacement ofthe common areas and facilities incurred by the association pursuant to thedeclaration;
       (3)   expenses agreed upon as common expenses by the association atspecial or regular meetings held pursuant to the declaration; and
       (4)   expenses declared common expenses by provisions of this act or bythe declaration or the bylaws of the association.
       (f)   "Declaration" means covenants and restrictions which run with theland and create certain land use restrictions, maintenance assessmentswhich become liens against the real estate and easements in favor of alltownhouse unit owners and the association.
       Said declaration shall be recorded in the office of the register ofdeeds in the county where the real estate is located and shall be theinstrument by which real estate is submitted to the provisions of this act.

http://kansasstatutes.lesterama.org/Chapter_58/Article_37/