Session of 1997
HOUSE BILL No. 2468
By Representatives Flora, Bradley, Crow, Hutchins, Kirk,
Mays, Nichols, Packer, Phelps, Ruff, Toelkes and
9 AN ACT concerning liens; relating to the filing thereof; amending K.S.A.
10 58-2254 and repealing the existing section.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 58-2254 is hereby amended to read as follows: 58-
14 2254. (a) Except as provided further, whenever any person
files in the
15 office of presents to the register of deeds any affidavit, caveat or statement
16 of any kind, signed by or on behalf of the claimant only, whether ac-
17 knowledged or not, purporting to set forth any claim against, interest in
18 or lien upon any real property belonging to another, if not based on a
19 written instrument signed by the party to be charged, within 48 hours of
20 receipt thereof, the register of deeds shall present such affidavit, caveat
21 or statement to the administrative judge of the judicial district in which
22 such county is located. The judge shall review such lien. If, within 10
23 days, the person presenting the claim so requests, a hearing shall be held
24 before the court where such person shall show cause, if any, why the
25 person should be allowed to file such affidavit, caveat or statement. If the
26 judge determines that such person has shown cause, such affidavit, caveat
27 or statement shall be filed. Otherwise, such claim, interest or lien shall,
28 after expiration of 30 days from date of filing presenting the same, no
29 longer shall not constitute any claim against, interest in or lien upon such
30 real property, unless, within such time, the claimant shall begin an action
31 in a court of competent jurisdiction to enforce such claim.
32 (b) This section shall not apply to such affidavit, caveat or statement
33 which is a notice of nonpayment of dues or assessment filed by a resi-
34 dential subdivision homeowners' association pursuant to a previously re-
35 corded homeowners' association declaration that authorizes the filing of
36 such notice and states a time limitation within which an action must be
37 brought to foreclose the lien of the unpaid dues or assessment referenced
38 in the notice.
39 Sec. 2. K.S.A. 58-2254 is hereby repealed.
40 Sec. 3. This act shall take effect and be in force from and after its
41 publication in the statute book.