Whether you sit on an association board or own a home in a Kentucky association, you must know the legal landscape behind your HOA.
Unlike other states, Kentucky's HOA laws are less consolidated, making them worth understanding before a problem comes up. Before you log into your association portal and dig through documents, let’s cover the key statutes, homeowner rights, and compliance basics for boards and residents alike.
Note: This article is for general educational purposes only. It is not legal advice. For questions about your specific community or situation, consult a licensed Kentucky attorney with experience in community association law.
Overview of HOA Laws in Kentucky
Kentucky does not have a single, all-in-one HOA statute. Unlike states with a comprehensive single HOA statute, such as Florida, Arizona, and California, Kentucky's HOA framework is split across two statutes and general nonprofit and contract law.
That structure puts more weight on your community's governing documents. In Kentucky, your CC&Rs, bylaws, and declaration carry even more weight than they do in other states.
Key Statutes Governing HOAs
Several laws apply depending on what type of community you live in and when it was formed.
The Kentucky Nonprofit Corporation Act (KRS 273.161 to 273.390)
This governs most HOAs in the state. Because most Kentucky homeowner associations are organized as nonprofit corporations, this act controls their corporate structure, general management, and procedure.
The Kentucky Horizontal Property Law (KRS 381.805 to 381.910)
This law applies to regimes created before January 1, 2011. It provides a legal framework for formation, common expenses, liens, insurance, and association administration.
The Kentucky Condominium Act (KRS 381.9101 to 381.9207)
This act controls condominium creation, authority, administration, and operation. It applies to condominium developments established after January 1, 2011.
The Kentucky Planned Community Act
Signed into law in 2023 as SB 120 and codified at KRS 381.785 through 381.801, it created Kentucky's first statutory framework for planned community HOAs. Before this law, Kentucky HOAs relied entirely on their CC&Rs and the Nonprofit Corporation Act.
The 2023 Act covers:
Budgets
Records access
Assessments
Liens
Open board meetings
It applies to planned communities formed after June 29, 2023.
Federal law applies across the board. Kentucky HOAs must comply with both the Federal Fair Housing Act and the Kentucky Fair Housing Act, which protect individuals from discrimination based on race, color, religion, sex, familial status, and national origin.
HOA Powers and Responsibilities in Kentucky
Kentucky HOAs can:
Regulate common spaces
Enforce CC&Rs
Collect dues
Place liens on property
Boards must adopt a budget each year. That budget may include funding for reserves to cover maintenance and repair of capital items. An annual financial report is also required, with reporting requirements that scale based on annual revenue.
Board members must act in the association's interest rather than their personal interest, making informed decisions, and following the governing documents. These fiduciary duties are serious and apply whether a board member is a seasoned veteran or a first-year volunteer. If a board is unsure of its members’ duties, a property management team like Ghertner & Company can help explain fiduciary responsibilities.
Rules on Assessments and Fees
HOA assessments in Kentucky are primarily governed by the CC&Rs, not state statute. This means that it’s the HOA’s governing documents that set the charging limits, late fees, interest, and collection costs for each association.
Keep in mind that in Kentucky, assessment obligations run with the land. This means new buyers inherit unpaid balances from prior owners in most cases. This means that a home’s history is worth checking before closing on any HOA property.
If an account becomes delinquent, the association may place a lien on the property to recoup unpaid funds. In extreme cases, they may foreclose on a unit despite on-time mortgage payments.
Enforcement of HOA Rules
Kentucky HOAs generally have broad authority to enforce covenants when they are properly adopted and not in conflict with state or federal law. That authority does have limits, though.
Under the 2023 Planned Community Act, the HOA must provide written notice identifying the specific violation and the CC&R or rule provision allegedly violated. A vague letter or verbal warning does not satisfy proper notice. Homeowners must also be given a reasonable opportunity to correct the violation before any fine is imposed.
Homeowners in Kentucky can challenge HOA rules based on their reasonableness, consistency with state and federal laws, and adherence to governing documents.
Homeowner Rights in Kentucky HOAs
Homeowners have meaningful protections, particularly under the 2023 Planned Community Act. Key rights include:
Access to financial records
Notice before enforcement action
The ability to attend board meetings
Victims of housing discrimination can file a complaint with the Kentucky Commission of Human Rights or HUD within one year from the date of the discriminatory act. They may also file a private lawsuit in state or federal court.
Meetings, Voting, and Transparency Requirements
Most bylaws require at least one annual meeting with proper notice to all members. Quorum and voting procedures are set by the bylaws. Deviating from those procedures can make board decisions legally voidable.
Oversight is light in Kentucky, but this only makes the procedures matter more. When decisions are made, the right process is just as important as reaching the right outcome.
Boards must also remain transparent. This means they must:
Maintain corporate records
Take board meeting minutes
Organize and review financial statements
Serve as official communication in the community
They must also be available for member inspection, subject to the bylaws.
When to Consult a Legal Professional
Some situations are too fact-specific for a general guide. Get legal counsel when your community is facing a dispute that may end up in court, when you're amending governing documents, when a homeowner files a discrimination complaint, or when you're dealing with delinquent assessments and possible foreclosure.
Because of the wide variance in state laws and possible conflicts between governing documents and statutes, attorneys must often apply rules of interpretation. It is strongly recommended that boards and members seek legal counsel, especially from firms with experience in community association law.
At Ghertner & Company, our property management team has access to excellent legal counsel. We’ve worked with associations in legal binds for decades and are ready to help yours when the need arises.
Tips for Staying Compliant
In order to stay compliant with HOA laws and regulations, you must know what laws apply to your association. Get with your fellow board members and truly learn the statutes that govern your HOA.
Ignorance only leads to noncompliance, so reading your governing documents from front to back is your first step towards excellent defense.
Then there is the financial aspect of compliance. You must keep your finances organized, current, and easily accessible.
In Kentucky, the board and homeowners carry most of the responsibility in the community. That’s a lot of responsibility with no state HOA ombudsman. But with the help of an HOA team like Ghertner on your side, that burden is manageable.
Keep Your Kentucky HOA in Compliance With Ghertner & Company
Ghertner & Company brings decades of HOA management experience and professional standards to communities across Kentucky, Middle Tennessee, and beyond. We help boards operate with confidence and integrity, and have done so since 1968.
If you have questions about HOA compliance or management in your community, our property management team is ready to help.
Contact us today for professional HOA guidance that will keep your association a beacon of the community for years to come.
