Article 36.--IMMUNITY FROM LIABILITY FOR VOLUNTEERS
60-3611.Immunity from liability for volunteers of certain nonprofithomeowners organizations; limitations.(a) As used in this section:
(1) "Nonprofit homeowners organization" means those nonprofit organizationsexempt from federal income tax pursuant to section 528 of the internal revenuecode of 1986, as in effect on the effective date of this act.
(2) "Compensation" does not include actual and necessary expenses that areincurred by a volunteer in connection with the services that the volunteerperforms for a nonprofit homeowners organization and that are reimbursed to thevolunteer or otherwise paid.
(3) "Volunteer" means an officer, director, trustee or other person whoperforms services for a nonprofit homeowners organization but does not receivecompensation, either directly or indirectly, for those services.
(b) A volunteer of a nonprofit homeowners organization shall not be liablefor damages in a civil action for acts or omissions as such volunteer unless:(1) Such conduct constitutes willful or wanton misconduct or intentionallytortious conduct; or (2) such volunteer is required to be insured by law or isotherwise insured against such acts or omissions but, in such case, liabilityshall be only to the extent of the insurance coverage.
(c) A volunteer of a nonprofit homeowners organization shall not be liablefor damages in a civil action for the actions or omissions of any of theofficers, directors, trustees, employees or other volunteers of the nonprofitorganization unless: (1) The volunteer authorizes, approves, ratifies orotherwise actively participates in the action or omission and the action oromission constitutes willful or wanton misconduct or intentionally tortiousconduct; or (2) such volunteer is required to be insured by law or is otherwiseinsured against such acts or omissions but, in such case, liability shall beonly to the extent of the insurance coverage.
(d) Nothing in this section shall be construed to affect the liability of anonprofit homeowners organization for damages caused by the negligent orwrongful act or omission of its volunteer and a volunteer's negligence orwrongful act or omission, when acting as a volunteer, shall be imputed to thenonprofit homeowners organization for the purpose of apportioning liability fordamages to a third party pursuant to K.S.A. 60-258a, and amendments thereto.
(e) The provisions of this section shall apply only to causes of actionaccruing on or after July 1, 1996.
Article 36.--IMMUNITY FROM LIABILITY FOR VOLUNTEERS
60-3611.Immunity from liability for volunteers of certain nonprofithomeowners organizations; limitations.(a) As used in this section:
(1) "Nonprofit homeowners organization" means those nonprofit organizationsexempt from federal income tax pursuant to section 528 of the internal revenuecode of 1986, as in effect on the effective date of this act.
(2) "Compensation" does not include actual and necessary expenses that areincurred by a volunteer in connection with the services that the volunteerperforms for a nonprofit homeowners organization and that are reimbursed to thevolunteer or otherwise paid.
(3) "Volunteer" means an officer, director, trustee or other person whoperforms services for a nonprofit homeowners organization but does not receivecompensation, either directly or indirectly, for those services.
(b) A volunteer of a nonprofit homeowners organization shall not be liablefor damages in a civil action for acts or omissions as such volunteer unless:(1) Such conduct constitutes willful or wanton misconduct or intentionallytortious conduct; or (2) such volunteer is required to be insured by law or isotherwise insured against such acts or omissions but, in such case, liabilityshall be only to the extent of the insurance coverage.
(c) A volunteer of a nonprofit homeowners organization shall not be liablefor damages in a civil action for the actions or omissions of any of theofficers, directors, trustees, employees or other volunteers of the nonprofitorganization unless: (1) The volunteer authorizes, approves, ratifies orotherwise actively participates in the action or omission and the action oromission constitutes willful or wanton misconduct or intentionally tortiousconduct; or (2) such volunteer is required to be insured by law or is otherwiseinsured against such acts or omissions but, in such case, liability shall beonly to the extent of the insurance coverage.
(d) Nothing in this section shall be construed to affect the liability of anonprofit homeowners organization for damages caused by the negligent orwrongful act or omission of its volunteer and a volunteer's negligence orwrongful act or omission, when acting as a volunteer, shall be imputed to thenonprofit homeowners organization for the purpose of apportioning liability fordamages to a third party pursuant to K.S.A. 60-258a, and amendments thereto.
(e) The provisions of this section shall apply only to causes of actionaccruing on or after July 1, 1996.
Article 36.--IMMUNITY FROM LIABILITY FOR VOLUNTEERS
60-3611.Immunity from liability for volunteers of certain nonprofithomeowners organizations; limitations.(a) As used in this section:
(1) "Nonprofit homeowners organization" means those nonprofit organizationsexempt from federal income tax pursuant to section 528 of the internal revenuecode of 1986, as in effect on the effective date of this act.
(2) "Compensation" does not include actual and necessary expenses that areincurred by a volunteer in connection with the services that the volunteerperforms for a nonprofit homeowners organization and that are reimbursed to thevolunteer or otherwise paid.
(3) "Volunteer" means an officer, director, trustee or other person whoperforms services for a nonprofit homeowners organization but does not receivecompensation, either directly or indirectly, for those services.
(b) A volunteer of a nonprofit homeowners organization shall not be liablefor damages in a civil action for acts or omissions as such volunteer unless:(1) Such conduct constitutes willful or wanton misconduct or intentionallytortious conduct; or (2) such volunteer is required to be insured by law or isotherwise insured against such acts or omissions but, in such case, liabilityshall be only to the extent of the insurance coverage.
(c) A volunteer of a nonprofit homeowners organization shall not be liablefor damages in a civil action for the actions or omissions of any of theofficers, directors, trustees, employees or other volunteers of the nonprofitorganization unless: (1) The volunteer authorizes, approves, ratifies orotherwise actively participates in the action or omission and the action oromission constitutes willful or wanton misconduct or intentionally tortiousconduct; or (2) such volunteer is required to be insured by law or is otherwiseinsured against such acts or omissions but, in such case, liability shall beonly to the extent of the insurance coverage.
(d) Nothing in this section shall be construed to affect the liability of anonprofit homeowners organization for damages caused by the negligent orwrongful act or omission of its volunteer and a volunteer's negligence orwrongful act or omission, when acting as a volunteer, shall be imputed to thenonprofit homeowners organization for the purpose of apportioning liability fordamages to a third party pursuant to K.S.A. 60-258a, and amendments thereto.
(e) The provisions of this section shall apply only to causes of actionaccruing on or after July 1, 1996.
