HB 2468--
Session of 1997
By Representatives Flora, Bradley, Crow, Hutchins, Kirk, Kuether,
Mays, Nichols, Packer, Phelps, Ruff, Toelkes and Welshimer

9 AN ACT concerning liens; relating to the filing thereof; amending K.S.A. 10 58-2254 and repealing the existing section. 11 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 K.S.A. 58-2254 is hereby repealed. 40 Sec. 3.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.