KRS §381.799
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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.
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Statutory Text
Verified Aug 6, 2026 · OTHER
381.799 Association's continuing lien -- Validity and priority of liens. (1) The association shall have a continuing lien upon the real estate or interest in any lot for the nonpayment of any assessment, special assessment, or charge levied in accord ance with KRS 381.797, as well as any related interest, fines, administrative late fees, enforcement assessments, collection costs, or reasonable attorney fees that are chargeable against the lot and that remain unpaid thirty (30) days after any portion ha s become due and payable. (2) A lien charged and properly recorded against a property pursuant to this section is: (a) Valid unless it is sooner released or satisfied in the same manner provided by law for the release and satisfaction of mortgages on real property; and (b) Prior to any other lien, except: 1. Liens for real estate taxes and liens for other governmental charges, penalties, or assessments, including but not limited to liens filed by a local government pursuant to KRS 65.8835; and 2. Any mortga ge, liens, or encumbrances recorded prior to the lien recordation against the property. Effective: June 29, 2023 History: Created 2023 Ky. Acts ch. 23, sec. 15, effective June 29, 2023.
Assessment
| Ref | Requirement |
|---|---|
| This is a recording-based priority — no super-priority over first mortgages. | |
| Association has a continuing lien on any lot for nonpayment of assessments, special assessments, or charges that remain unpaid 30 days after becoming due. |
Enforcement
| Ref | Requirement |
|---|---|
| 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. |
Other sections in this chapter
- KRS §381.785 — Planned Community Act — Definitions
- KRS §381.792 — Planned Community — Meetings and Notice
- KRS §381.794 — Planned Community — Financial Records and Reports
- KRS §381.9101 — Kentucky Condominium Act — Short Title
- KRS §381.9169 — Condominium — Executive Board and Declarant Control
- KRS §381.9170 — Condominium — Discharge of Board Member's Duties
- KRS §381.9177 — Condominium — Meetings of the Association
- KRS §381.9193 — Condominium — Lien for Assessments
- KRS §381.9203 — Condominium Resale Certificate
Legal Topics
Legal references last verified April 15, 2026.
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