What is the process for amending the condo association bylaws?
The process for amending the condominium association bylaws in Kansas is set out in the Kansas Condominium Act (KCA). According to KCA Section 15-183, the bylaws can be amended either by unanimous vote of all unit owners, or by majority vote of the unit owners, if the amendment is proposed and approved in writing by the board of directors or a majority of the unit owners. If the bylaws are to be amended by a majority of the unit owners, the board must hold an election and present the proposed amendment to all of the unit owners for their consideration. Notice of the proposed amendment must be given to all unit owners at least 30 days before the election. The election must be conducted in accordance with the procedures set forth in the KCA, and the amendment must be approved by a majority of the unit owners present at the election in order for it to be adopted. If the bylaws are to be amended by unanimous vote of all the unit owners, the board must present the proposed amendment in writing to each of the unit owners. Once written notice is provided to each unit owner, the amendment will be adopted if each of the unit owners consent to the amendment in writing. In either case, once the amendment is adopted, it must be recorded in the county where the condominium is located in order for it to take effect. Amending the bylaws is a complicated process, and it is important to consult an attorney before taking any action to amend the bylaws in order to ensure that the process is followed correctly.
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