Can a Kentucky HOA or Condo Foreclose Over Unpaid Dues?

The threat of losing a home over unpaid HOA dues is the kind of thing that keeps people up at night. In Kentucky, the answer to "can my association foreclose?" depends on whether you live in a planned community or a condominium — and, for condos, when the condominium was created. For your specific situation, a licensed Kentucky attorney is the right resource. This is general information, not legal advice.

Does a Kentucky condo association need a court order to foreclose?

Yes, for condominiums created after January 1, 2011. Under KRS 381.9193, the condo association's lien for unpaid assessments "may be foreclosed in like manner as a mortgage on real estate," which means judicial foreclosure: a court proceeding with notice, an opportunity to be heard, and a forum to dispute the debt and the accounting.

The modern Kentucky Condominium Act (KRS 381.9101–.9207) gives a condo association a lien for unpaid assessments and routes enforcement through the courts:

"may be foreclosed in like manner as a mortgage on real estate" — KRS 381.9193

Does Kentucky's condo lien law apply to my pre-2011 condo?

Only for events after January 1, 2011. Under KRS ch. 381, § 381.9103(2) applies the modern lien section, KRS 381.9193, to condominiums created before January 1, 2011, "but only to the extent of events or circumstances occurring after January 1, 2011." Older condos also fall under the Kentucky Horizontal Property Law, which has its own lien framework.

Older condominiums fall under the Kentucky Horizontal Property Law (KRS 381.805–.910), which has its own lien framework. KRS 381.9103(2) also applies the modern Act's lien section, KRS 381.9193, to condominiums created before January 1, 2011, "but only to the extent of events or circumstances occurring after January 1, 2011," without invalidating existing provisions of the declaration or bylaws. The general civil principles overlap with the modern Act, but the section numbers and details differ — exactly the kind of question a licensed Kentucky attorney sorts out.

Can a Kentucky HOA put a lien on my home?

Yes. Under the Kentucky Planned Community Act (KRS ch. 381, § 381.799), the association has a continuing lien on a lot for unpaid assessments, special assessments, and charges, plus interest, fines, late fees, collection costs, and reasonable attorney fees, that remain unpaid 30 days after any portion has become due and payable.

The Kentucky Planned Community Act (KRS 381.785–.801), enacted by 2023 SB 120, applies broadly. Under KRS 381.786(1), "all planned communities in this Commonwealth are subject to" the Act — not only those created after its June 29, 2023 effective date. For a community whose governing documents predate the Act, it does not "invalidate any provision of a document … adopted or recorded prior to June 29, 2023," so existing recorded terms are grandfathered; only the requirement to file and record a declaration to establish a new planned community applies strictly going forward.

Under KRS 381.799, the association has a continuing lien on a lot for unpaid assessments, special assessments, and charges — plus related interest, fines, late fees, collection costs, and reasonable attorney fees — that "remain unpaid thirty (30) days after any portion has become due and payable." That lien is "[v]alid 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 is "[p]rior to any other lien" except tax and governmental liens and any mortgage or encumbrance recorded before it.

Unlike the Condominium Act, the Planned Community Act does not spell out its own foreclosure procedure or a fixed time limit for enforcing the lien. How the lien is enforced therefore turns on general Kentucky law — which ordinarily means a court action — and on the declaration. (The "in like manner as a mortgage" foreclosure method and a five-year extinguishment apply under the Condominium Act, KRS 381.9193 — not the Planned Community Act.) A licensed Kentucky attorney can confirm which framework and timeline apply.

Why the distinction matters

For a Kentucky homeowner, the practical takeaways:

• A lien is not the same as losing the home — it generally has to be enforced through a defined process, and for modern condominiums that process is judicial under KRS 381.9193.
• The exact framework — what notices, what timeline, what defenses — depends on which property statute applies, plus what the declaration says.
• A records request can reach the full ledger and any rule or fine schedule supporting the underlying assessment.
• The amounts, interest, and fees the association adds are reviewable.

For anything approaching actual enforcement, the timeline and defenses are the kind of question a licensed Kentucky attorney evaluates.

Sources

• KRS 381.9193 — Lien for assessments (Condominium Act)
• KRS 381.799 — Lien for assessments (Planned Community Act)
• KRS Chapter 381 — full chapter
• Kentucky 2023 SB 120 — Planned Community Act enactment
• KRS Chapter 273 — Nonprofit Corporation Act overview