Kentucky HOA & Condominium Law
11 active Kentucky statutes govern homeowners associations and condominiums in the state. The corpus encodes 45 specific requirements across governance, finance, reserves, disclosure, and enforcement.
Estoppel Disclosure Workflow
13 standard items
KY
CommunityPay has not verified a state-specific statutory resale certificate regime in Kentucky. Disclosure follows a non-statutory estoppel workflow. The 13 items below reflect standard title company and lender expectations, not legal requirements specific to any particular association.
- Current periodic assessment amount and any unpaid or delinquent assessments
- Pending or approved special assessments
- Reserve fund balance and designated projects
- Most recent balance sheet and income/expense statement
- Current operating budget
- Insurance coverage provided for the benefit of owners
- Pending lawsuits, unsatisfied judgments, or threatened litigation
- Board composition, meeting frequency, and governance status
- Declaration, bylaws, and rules and regulations
- Capital expenditures approved or anticipated for current and next two fiscal years
- Transfer fees, move-in/move-out fees, or other charges upon sale
- Known violations of the governing documents or applicable codes
- Right of first refusal or other restraints on transfer
Kentucky does not cap RC preparation fees by statute.
In CommunityPay, an association's manager, accounting firm, or staff generates the certificate from its books, with no per-certificate charge from CommunityPay.
What Kentucky Law Requires
Governance (26)
- May rely on opinions of persons reasonably assumed to have expertise. KRS §273.215
- KRS 381.793(3) requires HOA board directors of unincorporated associations to also meet this standard. KRS §273.215
- Directors must act in a manner they honestly believe to be in the best interests of the corporation. KRS §273.215
- Applies to HOA boards organized as nonprofit corporations. KRS §273.215
- Covers all planned communities with mandatory membership and assessment authority, excluding condominiums. KRS §381.785
- Does not retroactively invalidate pre-existing governing documents. KRS §381.785
- Prior to 2023, Kentucky had no comprehensive HOA-specific legislation. KRS §381.785
- Defines the scope of the Kentucky Planned Community Act (SB 120, enacted 2023). KRS §381.785
- Annual meeting at least once per year. KRS §381.792
- Meeting notice 10-30 days in advance by mail, hand delivery, or electronic delivery. KRS §381.792
- Special meetings called by president, majority of board, or 20% of owners. KRS §381.792
- Quorum is 10% of lot owners. KRS §381.792
- Not less than ten nor more than thirty days in advance KRS §381.792 (3)
- Not less than ten nor more than thirty days in advance KRS §381.792 (3)
- Pre-2011 condominiums also remain subject to the Horizontal Property Law (KRS 381.805). KRS §381.9101
- Applies to all condominiums created after January 1, 2011. KRS §381.9101
- Declarant control terminates at the earliest of: 60 days after 75% of units conveyed to non-declarant owners, 2 years after declarants cease selling, 2 years after last exercise of development right, or 7 years after first unit conveyed. KRS §381.9169
- Upon termination, unit owners elect the executive board (at least 3 members). KRS §381.9169
- Board member actions shall not be the basis for monetary damages unless the breach constitutes willful misconduct or wanton or reckless disregard. KRS §381.9170
- Plaintiff bears burden of proof by clear and convincing evidence. KRS §381.9170
- This provides a high liability protection standard for condominium board members. KRS §381.9170
- Annual meeting required for condominiums. KRS §381.9177
- Default quorum is 10% of members eligible to vote (KRS 381.9179). KRS §381.9177
- Notice 10-60 days in advance. KRS §381.9177
- Special meetings may be called by 20% of unit owners. KRS §381.9177
- Recording the declaration constitutes notice — no separate lien filing required. KRS §381.9193
Financial (5)
- $300,000-$1,000,000: CPA review. KRS §381.794
- $125,000-$300,000: compilation by accounting professional. KRS §381.794
- Under $125,000 annual revenue: statement of cash receipts and disbursements. KRS §381.794
- Note: the Planned Community Act (KRS 381.788) requires a declarant control period but does not cap its duration. KRS §381.9169
- Required contents include: assessments, unpaid amounts, capital expenditure plans for current and next 2 fiscal years, reserves, current budget and financial statements, insurance coverage, pending litigation over $10,000, and pet/rental restrictions. KRS §381.9203
Assessment (5)
- Association has a continuing lien on any lot for nonpayment of assessments, special assessments, or charges that remain unpaid 30 days after becoming due. KRS §381.799
- This is a recording-based priority — no super-priority over first mortgages. KRS §381.799
- Condo association has a lien on each unit from the time assessments or fines become due. KRS §381.9193
- Foreclosed in like manner as a mortgage on real estate KRS §381.9193 (1)
- Within five years after the full amount of the assessments becomes due KRS §381.9193 (5)
Disclosure (5)
- Key provisions on assessment powers, board requirements, resale certificates, and financial records apply retroactively to all condominiums regardless of creation date. KRS §381.9101
- Requires seller to provide a certificate to buyer for condominium unit resales. KRS §381.9203
- Applies to all condominiums regardless of creation date. KRS §381.9203
- Within ten business days of written request KRS §381.9203
- Association must furnish within 10 business days of written request. KRS §381.9203
Records (1)
- Revenue-tiered financial reporting requirements for HOAs. KRS §381.794
Enforcement (3)
- Lien when recorded is prior to all other liens except government tax liens and any mortgage, lien, or encumbrance recorded prior to the lien recordation. KRS §381.799
- Foreclosed in like manner as a mortgage (judicial). KRS §381.9193
- Priority over all liens except pre-declaration encumbrances, government tax liens, and mortgages recorded before delinquency. KRS §381.9193
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Assessment Collection
5
Enforcement and Fines
2
Fiduciary Duty
2
Foreclosure and Liens
2
Governance Documents
2
Meetings and Notice
2
Resale Disclosure
2
Developer Transition
1
Elections and Voting
1
Insurance Requirements
1
Records Access and Inspection
1
Each chip links to the Kentucky statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All Kentucky authorities →
Nonprofit Corporation — General Standards for Directors
Directors must act in a manner they honestly believe to be in the best interests of the corporation. May rely on opinions of persons reasonably assumed to have expertise. Applies to HOA boards organized as nonprofit corporations. KRS 381.793(3) requires HOA board directors of unincorporated associations to also meet this standard.
Planned Community Act — Definitions
Defines the scope of the Kentucky Planned Community Act (SB 120, enacted 2023). Covers all planned communities with mandatory membership and assessment authority, excluding condominiums. Prior to 2023, Kentucky had no comprehensive HOA-specific legislation. Does not retroactively invalidate pre-existing governing documents.
Planned Community — Meetings and Notice
Annual meeting at least once per year. Quorum is 10% of lot owners. Special meetings called by president, majority of board, or 20% of owners. Meeting notice 10-30 days in advance by mail, hand delivery, or electronic delivery. Must state time, place, and agenda items. Each lot has one vote. No cumulative voting. Proxies terminate after 1 year.
Planned Community — Financial Records and Reports
Revenue-tiered financial reporting requirements for HOAs. Under $125,000 annual revenue: statement of cash receipts and disbursements. $125,000-$300,000: compilation by accounting professional. $300,000-$1,000,000: CPA review. Over $1,000,000: CPA audit. Financial report due within 180 days after fiscal year end. Available to owners within 30 days after receipt by the board.
Planned Community — Association's Continuing Lien
Association has a continuing lien on any lot for nonpayment of assessments, special assessments, or charges that remain unpaid 30 days after becoming due. Lien when recorded is prior to all other liens except government tax liens and any mortgage, lien, or encumbrance recorded prior to the lien recordation. This is a recording-based priority — no super-priority over first mortgages.
Kentucky Condominium Act — Short Title
Applies to all condominiums created after January 1, 2011. Key provisions on assessment powers, board requirements, resale certificates, and financial records apply retroactively to all condominiums regardless of creation date. Pre-2011 condominiums also remain subject to the Horizontal Property Law (KRS 381.805).
Condominium — Executive Board and Declarant Control
Declarant control terminates at the earliest of: 60 days after 75% of units conveyed to non-declarant owners, 2 years after declarants cease selling, 2 years after last exercise of development right, or 7 years after first unit conveyed. Upon termination, unit owners elect the executive board (at least 3 members). Note: the Planned Community Act (KRS 381.788) requires a declarant control period but does not cap its duration.
Condominium — Discharge of Board Member's Duties
Board member actions shall not be the basis for monetary damages unless the breach constitutes willful misconduct or wanton or reckless disregard. Plaintiff bears burden of proof by clear and convincing evidence. This provides a high liability protection standard for condominium board members.
Condominium — Meetings of the Association
Annual meeting required for condominiums. Notice 10-60 days in advance. Special meetings may be called by 20% of unit owners. Default quorum is 10% of members eligible to vote (KRS 381.9179).
Condominium — Lien for Assessments
Condo association has a lien on each unit from the time assessments or fines become due. Foreclosed in like manner as a mortgage (judicial). Priority over all liens except pre-declaration encumbrances, government tax liens, and mortgages recorded before delinquency. Recording the declaration constitutes notice — no separate lien filing required. 5-year statute of limitations on enforcement. Interest shall not exceed 18% per annum.
Condominium Resale Certificate
Requires seller to provide a certificate to buyer for condominium unit resales. Required contents include: assessments, unpaid amounts, capital expenditure plans for current and next 2 fiscal years, reserves, current budget and financial statements, insurance coverage, pending litigation over $10,000, and pet/rental restrictions. Association must furnish within 10 business days of written request. Applies to all condominiums regardless of creation date.
Source: Kentucky state legislature. Statutes verified by CommunityPay. Last verified April 2026.
Pending & Recent Kentucky HOA Legislation
Last action: Apr 13, 2026
Last action: Mar 13, 2026
2 HOA-relevant bills tracked for Kentucky · refreshed Oct 3, 2026 · Source: LegiScan
Frequently Asked Questions — Kentucky HOA Law
How long does a Kentucky HOA have to deliver a resale certificate?
Under KRS §381.9203, a Kentucky association must deliver the resale certificate within 10 calendar days of a written request from the unit owner, prospective purchaser, or their representative. Missing the deadline carries statutory consequences — including, in many states, release of the buyer from any unpaid amounts the seller owed at the time of the request.
Source: KRS §381.9203
How much advance notice must a Kentucky HOA give for meetings?
Under KRS §381.792, a Kentucky association must give unit owners at least 30 days advance notice of meetings. The notice must specify the date, time, place, and agenda items to be considered. Actions taken at a meeting that violates the notice requirement may be voidable on owner challenge.
Source: KRS §381.792
Answers derived from the Kentucky legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.
Kentucky HOA Fee Benchmark
$261
Avg Median Monthly Fee
$31 – $1156
County Range
39085
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 87 counties with data.
Communities by City
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Download the Kentucky HOA & Condo Compliance Checklist
One PDF — every active Kentucky statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from Kentucky Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations