Getting Your HOA's Records in Kentucky

When a Kentucky board won't explain where the money goes, the records usually hold the answer — but the hook you use to get them depends on whether you live in a planned community, a condominium, or a pre-2023 HOA. For your specific situation, a licensed Kentucky attorney is the right resource. This is general information, not legal advice.

What records can I get from my HOA in Kentucky?

In a planned community, the books, records, and minutes. Under KRS 381.795, an owner may examine and copy them under reasonable standards the declaration, bylaws, or board rules set. Unless the board approves, personnel matters, legal-counsel communications, contracts under negotiation, assessment-collection or past-due-owner information, and information whose disclosure state or federal law prohibits are excluded.

For planned communities (under KRS 381.786 all are subject to the Act, effective June 29, 2023), the Kentucky Planned Community Act supplies a statutory framework that includes required provisions for the declaration or bylaws (KRS 381.792), open board meetings and director standards (KRS 381.793), and an assessment / budget structure (KRS 381.797). It also includes two records-specific sections: KRS 381.794 (financial records and an annual financial report) and KRS 381.795 (examination of records by an owner). Under KRS 381.795, an owner "may examine and copy the books, records, and minutes of the association" pursuant to reasonable standards set in the declaration, bylaws, or board rules on the type of documents, the time and place of inspection, and a reasonable copying fee — though, unless the board approves, an owner may not examine or copy information about personnel matters, communications with legal counsel, contracts under negotiation, the collection of assessments or past-due owners, or information whose disclosure is prohibited by state or federal law (KRS 381.795(2)). Owners gain a statutory floor for transparency that previously didn't exist for Kentucky planned communities.

For older HOAs (formed before June 29, 2023), the Act still applies under KRS 381.786 but does not override records provisions already in the recorded documents; in practice the records right also comes from the bylaws and the Nonprofit Corporation Act.

What records can a Kentucky condo owner inspect?

All financial and other records, made reasonably available. KRS 381.9197(1) opens them to any unit owner and his or her authorized agents. It is part of the Condominium Act for condos created after January 1, 2011, and KRS 381.9103(2) applies it to older condos for events after that date, without invalidating their existing declaration or bylaw provisions.

For condominiums created after January 1, 2011, the Kentucky Condominium Act (KRS 381.9101–.9207) supplies the records framework, alongside the condominium instruments.

For condominiums created before January 1, 2011, the Horizontal Property Law (KRS 381.805–.910) remains the base statute, but KRS 381.9103(2) also applies the Condominium Act's records section, KRS 381.9197, to those older condominiums for events after January 1, 2011 — without invalidating existing provisions of their declaration or bylaws. KRS 381.9197(1) provides that "All financial and other records shall be made reasonably available for examination by any unit owner and his or her authorized agents."

Does Kentucky nonprofit law let HOA members see records?

Yes, for incorporated associations, unless the articles or bylaws limit it. Under KRS 273.233, any member, or the member's agent or attorney, may inspect and copy all books and records of the corporation for any proper purpose at any reasonable time. The same section lets the articles of incorporation or bylaws abolish or limit that right.

Most Kentucky HOAs and condo associations are incorporated as nonprofits under the Kentucky Nonprofit Corporation Act, KRS Chapter 273. Under KRS 273.233, "All books and records of a corporation may be inspected and copied by any member, or the member's agent or attorney, for any proper purpose at any reasonable time" — though the same section provides that "The member's right of inspection may be abolished or limited by the corporation's articles of incorporation or bylaws." That corporate-law layer operates alongside whichever property statute applies.

For planned communities whose documents predate June 29, 2023, KRS 381.795 still applies under KRS 381.786(1), alongside any records provisions already in the recorded documents and this corporate-law layer.

What owners commonly request

People reviewing the association's books often look at:

• The annual budget, reserves, and financial statements
• Bank statements and vendor contracts
• The declaration, bylaws, adopted rules, and any fine schedule
• Board and member meeting minutes and notices
• The current statement of any pending assessment

Records frequently feed other disputes — questioning a fine or the assessment lien usually starts with the underlying documents.

If records are withheld

For incorporated HOAs, KRS 273.233 supplies a member inspection right (subject to any limits in the articles or bylaws); for planned communities under the 2023 Act, KRS 381.795 supplies the owner's statutory right to examine and copy association records (and KRS 381.794 the financial-report obligation). Owners commonly put requests in writing (keeping a dated copy), name the records specifically, and consult a licensed Kentucky attorney for unresolved refusals.

Sources

• KRS Chapter 381 — full chapter
• KRS 381.795 — Examination of records by owner
• KRS 381.9197 — Association records (Condominium Act)
• KRS 273.233 — Books and records (Nonprofit Corporation Act)
• Kentucky 2023 SB 120 — Planned Community Act enactment (KRS 381.794, 381.795)
• KRS Chapter 273 — Nonprofit Corporation Act overview