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Kentucky's 2023 Planned Community Act: What It Changed
By The HOARebel Team · May 28, 2026 · 3 min read
For decades, Kentucky planned-community HOAs operated almost entirely on the declaration, the bylaws, and Kentucky's Nonprofit Corporation Act. That changed in 2023, when the General Assembly enacted Kentucky's first comprehensive statutory framework for planned communities. For your specific situation, a licensed Kentucky attorney is the right resource. This is general information, not legal advice.
When the Act applies
The Kentucky Planned Community Act, KRS 381.785–.801 (enacted by 2023 SB 120 and amended since), applies to planned communities formed after June 29, 2023. Older planned-community HOAs remain governed by their declaration, KRS Chapter 273 (Nonprofit Corporation Act), and common-law covenant principles. Whether you can rely on the Act in your dispute therefore depends on when the community was formed — see Which Kentucky Laws Govern Your HOA or Condo?.
The Act does not apply to condominiums. Those continue under either the modern Condominium Act (KRS 381.9101–.9207, for condos created on or after January 1, 2011) or the older Horizontal Property Law (KRS 381.805–.910, for condos created before that date).
What the Act actually does
The Planned Community Act gives newer Kentucky HOAs a statutory framework that didn't previously exist. Key sections include:
- KRS 381.785 — short title and the foundational definitions for the Act.
- KRS 381.786 — which planned communities are subject to the Act, plus filing requirements.
- KRS 381.787 — establishment and organization of the planned community, board of directors, removal of board members, and the role of the declaration or bylaws.
- KRS 381.788 — declarant control period and surrender of the declarant's control.
- KRS 381.789 — agents of the association's right of access to owners' lots, and responsibility for damage.
- KRS 381.792 — required provisions in the declaration or bylaws, meeting requirements, notice, and quorum.
- KRS 381.793 — quorum, open board meetings, and standards for board directors.
- KRS 381.797 — elements of assessments for each lot, notice of charges, special assessments, claimed breach of fiduciary duty, and annual budget.
The recurring themes are familiar from comprehensive HOA statutes in other states: notice, transparency, fiduciary duty, and budget discipline.
Open meetings and director standards (KRS 381.793)
The 2023 Act brings planned-community board meetings into the open and codifies director standards — fiduciary expectations directors must meet. For meeting practicalities, the bylaws still fill in much of the detail, but the statutory floor is a real change from the pre-2023 baseline. See Attending Open Board Meetings in Kentucky.
Assessments and budgets (KRS 381.797)
KRS 381.797 sets out how assessments are determined per lot, with notice requirements for charges, special-assessment procedures, an annual budget structure, and a path for claims of breach of fiduciary duty. For owners under the Act, the budget is now the right place to look first when assessments rise.
What still depends on the documents
The Act is comprehensive in scope but, like most HOA statutes, leaves much of the detail to the declaration and bylaws. Fine schedules and detailed enforcement procedures, hearing procedures, and many day-to-day rules still come from the recorded documents.
For pre-2023 HOAs
If your community formed before June 29, 2023, the Act generally doesn't reach you. Your rights still come from the declaration, KRS Chapter 273, and common-law covenant principles — with the courts as the enforcement forum.