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 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  K.S.A. 58-2254 is hereby repealed.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.