Know Your LawKY
Which Kentucky Laws Govern Your HOA or Condo?
By The HOARebel Team · May 28, 2026 · 3 min read · Updated June 2, 2026
Kentucky restructured how it handles HOAs and condominiums in 2023, and which statute applies to your community now turns on two dates: when the community was formed, 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.
Three property statutes, three eras
A Kentucky homeowner's rights typically come from one of three property statutes, plus the entity law underneath:
- Kentucky Planned Community Act, KRS 381.785–.801 — Kentucky's first comprehensive HOA statute, applicable to planned communities formed after June 29, 2023.
- Kentucky Condominium Act, KRS 381.9101–.9207 — UCIOA-style condo statute, applicable to condominiums created on or after January 1, 2011.
- Kentucky Horizontal Property Law, KRS 381.805–.910 — the older condominium framework, applicable to condominiums created before January 1, 2011.
Plus:
- Kentucky Nonprofit Corporation Act, KRS Chapter 273 — the entity law for HOAs and condo associations, which in Kentucky are organized as nonprofit corporations under this chapter (not the for-profit Business Corporation Act, KRS 271B).
- The recorded governing documents — declaration, bylaws, and rules.
- Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, Flag Act.
Pre-2023 HOAs are different
If your planned community was formed before June 29, 2023, the 2023 Planned Community Act generally does not apply to you. Your rights come from the declaration and bylaws, the Nonprofit Corporation Act if the HOA is incorporated, and Kentucky's common-law covenant enforcement principles. The 2023 Act fills a real gap going forward, but it doesn't reach back.
For more on what the 2023 Act introduced, see Kentucky's 2023 Planned Community Act: What It Changed.
Condo vs. planned community
The first split is condominium versus planned community:
- Condominium created on or after January 1, 2011 — Kentucky Condominium Act (KRS 381.9101–.9207). Includes the lien framework at KRS 381.9193, foreclosed judicially "in the same manner as a mortgage on real estate."
- Condominium created before January 1, 2011 — Horizontal Property Law (KRS 381.805–.910).
- Planned community / subdivision HOA formed after June 29, 2023 — Planned Community Act (KRS 381.785–.801).
- Planned community HOA formed before June 29, 2023 — declaration + Nonprofit Corporation Act + common-law covenants.
The recorded declaration usually states which regime applies.
The entity layer
Most Kentucky HOAs and condo associations are incorporated as nonprofits under KRS Chapter 273. That layer supplies member meeting rules, voting, board fiduciary duties, and member rights to inspect corporate records — and it operates alongside whichever property statute applies.
The full Kentucky stack
Putting it together:
- The governing documents — the recorded declaration, bylaws, and rules.
- The property statute — Planned Community Act, modern Condominium Act, or older Horizontal Property Law, depending on community type and formation date.
- The entity law — KRS 273, the Nonprofit Corporation Act, if incorporated.
- Federal law — FHA, ADA, SCRA, OTARD, Flag Act.
Because the right combination depends on dates and documents, a licensed Kentucky attorney is the foundation for any specific question — from records to fines to the assessment lien.