Kentucky HOA Laws 2026: Uniform Condominium Act & Planned Community Governance

Kentucky's primary HOA statute is the Kentucky Condominium Act (Ky. Rev. Stat. §§ 381.9101 through 381.9207), which is based on the Uniform Condominium Act. Planned community HOAs in Kentucky operate primarily under their recorded CC&Rs and Kentucky nonprofit corporate law (KRS Chapter 273), as Kentucky does not have a separate Planned Community Act.

Kentucky Condominium Act: Who It Covers

The Kentucky Condominium Act applies to all condominiums created in Kentucky. It establishes rules for the condominium declaration, plat, association governance, and owner rights. Key provisions cover: the unit owners' association's authority to adopt rules, the right to collect assessments, lien rights for unpaid assessments, and the procedure for amending the declaration.

Planned Community HOAs: CC&Rs Are Primary Law

For Kentucky planned community HOAs (subdivisions with single-family homes or townhomes), there is no specific enabling statute. These associations operate under their CC&Rs and KRS Chapter 273 (nonprofit corporations). Courts enforce CC&R provisions as contracts — so the language of your governing documents determines your rights and obligations.

Assessment Liens in Kentucky

Kentucky condominiums have a statutory lien under KRS § 381.9197 for unpaid assessments. The lien is prior to all other liens except first mortgages and certain tax liens. For planned community HOAs, lien rights must be contained in the CC&Rs — Kentucky does not automatically grant statutory lien rights to non-condo associations. Foreclosure of HOA liens in Kentucky is judicial.

Enforcement Best Practices for Kentucky Boards

Because Kentucky has minimal statutory guidance for planned community enforcement, boards must build their enforcement procedures from the CC&Rs. Recommended steps: (1) send written violation notice citing the specific CC&R provision, (2) allow a 14-30 day cure period, (3) offer a hearing before the board before imposing fines, and (4) document all steps with dated records. Courts will review whether the association followed its own procedures.

Records Access and Meetings

For Kentucky condominiums, the Condominium Act requires owners to have access to financial records and meeting minutes. For planned community HOAs, records access rights are set by the CC&Rs and bylaws. Annual meetings and notice requirements follow the governing documents and KRS Chapter 273 default rules.