Kentucky HOA & Condo Laws

Assessment Collection Compare across states →

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

KRS §381.785

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. …

KRS §381.799

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 …

KRS §381.9101

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 …

KRS §381.9193

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 …

KRS §381.9203

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 …

Meetings and Notice Compare across states →

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

KRS §381.792

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. …

KRS §381.9177

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 …

Elections and Voting Compare across states →

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

KRS §381.792

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. …

Records Access and Inspection Compare across states →

Unit owner rights to inspect association records — financial statements, meeting minutes, governing documents, contracts, and correspondence. Response timelines, allowable copying fees, and executive session materials exceptions.

KRS §381.794

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 …

Enforcement and Fines Compare across states →

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

KRS §381.785

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. …

KRS §381.9193

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 …

Resale Disclosure Compare across states →

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

KRS §381.9101

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 …

KRS §381.9203

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 …

Insurance Requirements Compare across states →

Statutory insurance requirements for HOAs and condominiums — property insurance, liability coverage, directors and officers, fidelity bonds, flood insurance, and cyber liability. Coverage minimums, deductible assessments, and claims procedures.

KRS §381.9203

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 …

Fiduciary Duty Compare across states →

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

KRS §273.215

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 …

KRS §381.9170

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 …

Governance Documents Compare across states →

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

KRS §381.785

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. …

KRS §381.9101

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 …

Foreclosure and Liens Compare across states →

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

KRS §381.799

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 …

KRS §381.9193

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 …

Developer Transition Compare across states →

The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.

KRS §381.9169

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 …

Legal Facts by Category
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)
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
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
$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
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)
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
Revenue-tiered financial reporting requirements for HOAs. KRS §381.794
Legal references last verified April 15, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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