Legal Question in Real Estate Law in Kansas

I live in a Kansas community where there are 37 four plex buildings with each of the 148 units owned by the individual resident. Common property including the clubhouse are owned by the residents collectively.

Kansas statues allow business owners to post NO Weapons signs which then makes it illegal for someone, licensed to carry or not, to enter with a weapon. Clearly a business owner posting such a sign on his property would not be violating the law to enter with a weapon.

Our HOA board of directors has posted a NO Weapons sign on the door of the clubhouse. As a homeowner am I in violation of the law if I enter with a concealed weapon? If the answer is no, how can I convince our HOA board of same?


Asked on 9/18/10, 2:16 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Unless your HOA bylaws say otherwise, It is the HOA that owns the clubhouse, not a group of individuals. You have voting rights within the HOA, but you are not an owner in the same sense that you own your individual unit. If you were to carry a weapon into the clubhouse, you might be subject to a fine from the HOA. You might also be violating the law, and subject to criminal penalties.

Good luck

Good luck

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Answered on 9/24/10, 10:01 am


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