Which Kentucky Laws Govern Your HOA or Condo?

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.

Does Kentucky have an HOA law?

Yes. The main state law for Kentucky HOAs is the Kentucky Planned Community Act (KRS ch. 381, KRS 381.785–.801), effective June 29, 2023. Under KRS 381.786 it applies to all planned communities, with provisions in documents recorded before that date grandfathered, alongside the recorded documents and, if incorporated, the Nonprofit Corporation Act (KRS Chapter 273).

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; under KRS 381.786 it applies to all planned communities (effective June 29, 2023), with provisions in documents recorded before that date grandfathered.
• Kentucky Condominium Act, KRS 381.9101–.9207 — UCIOA-style condo statute, applicable to condominiums created 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 still applies under KRS 381.786 — but it does not invalidate the provisions already in your recorded documents. Those grandfathered declaration and bylaw terms, the Nonprofit Corporation Act if the HOA is incorporated, and Kentucky's common-law covenant principles continue to govern where the Act allows.

For more on what the 2023 Act introduced, see Kentucky's 2023 Planned Community Act: What It Changed.

Do Kentucky condos follow a different law than HOAs?

Yes. A condominium created after January 1, 2011 follows the Kentucky Condominium Act (KRS ch. 381, KRS 381.9101–.9207). One created before then follows the older Horizontal Property Law (KRS 381.805–.910), with listed sections of the modern Act, including the KRS 381.9193 lien, also applying for events after January 1, 2011 under KRS 381.9103(2).

The first split is condominium versus planned community:

• Condominium created after January 1, 2011 — Kentucky Condominium Act (KRS 381.9101–.9207). Includes the lien framework at KRS 381.9193, foreclosed judicially "in like manner as a mortgage on real estate."
• Condominium created before January 1, 2011 — Horizontal Property Law (KRS 381.805–.910), with listed sections of the modern Act (including KRS 381.9167, 381.9193, and 381.9197) also applying for events after January 1, 2011 under KRS 381.9103(2).
• Planned community / subdivision HOA — Planned Community Act (KRS 381.785–.801), which applies to all planned communities under KRS 381.786(1).
• Planned community HOA formed before June 29, 2023 — the Planned Community Act too, but it does not invalidate provisions already in the recorded declaration and bylaws; plus the Nonprofit Corporation Act and 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:

1. The governing documents — the recorded declaration, bylaws, and rules.
2. The property statute — Planned Community Act, modern Condominium Act, or older Horizontal Property Law, depending on community type and formation date.
3. The entity law — KRS 273, the Nonprofit Corporation Act, if incorporated.
4. 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.

Sources

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