Kentucky's HOA framework changed meaningfully in 2023 — and a Kentucky homeowner's rights now depend on which of three statutes governs the community, plus the entity law underneath. A licensed Kentucky attorney is the right resource for how the layers apply to your specific situation.
The full Kentucky stack typically includes:
- Kentucky Planned Community Act, KRS 381.785–.801 — the state'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 — a UCIOA-style 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.
- Kentucky Nonprofit Corporation Act, KRS Chapter 273 — the entity law for HOAs incorporated as nonprofits (most are).
- The recorded governing documents — declaration, bylaws, and rules.
- Federal law — Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, Flag Act.
Knowing which statute applies to your community is the foundation for everything else — see Which Kentucky Laws Govern Your HOA or Condo?.
Planned Community Act (KRS 381.785–.801)
The 2023 Act gives planned-community HOAs a statutory framework that didn't exist before: required provisions in the declaration or bylaws (KRS 381.792), open board meetings and standards for directors (KRS 381.793), an assessment framework with budget rules and a written-notice-and-hearing requirement before fines (KRS 381.797), and more. Before this Act, Kentucky planned-community HOAs operated almost entirely under the documents and the Nonprofit Corporation Act. See Kentucky's 2023 Planned Community Act: What It Changed.
Condominium Acts — two different statutes
For condominiums, when the condominium was created decides the law:
- After January 1, 2011 — the modern Condominium Act (KRS 381.9101–.9207) applies, including the lien framework at KRS 381.9193, which the Act lets a condo association foreclose "in like manner as a mortgage on real estate" (i.e., judicially).
- Before January 1, 2011 — the Horizontal Property Law (KRS 381.805–.910) controls, but KRS 381.9103(2) also applies listed sections of the modern Act — including association powers and fines (KRS 381.9167), the lien (KRS 381.9193), and records (KRS 381.9197) — to those older condominiums for events after January 1, 2011, without invalidating their existing documents.
Open meetings (KRS 381.793)
For planned communities under the 2023 Act, KRS 381.793 makes board meetings open to owners, except during executive sessions, unless the bylaws specify otherwise, and sets standards for directors. See Attending Open Board Meetings in Kentucky.
Frequently asked questions
Does the 2023 Planned Community Act apply to my older HOA?
Generally yes. Under KRS 381.786(1), "all planned communities in this Commonwealth are subject to" the Act, but it does not invalidate provisions already in governing documents adopted or recorded before June 29, 2023. Those grandfathered terms continue to operate alongside the Act, the Nonprofit Corporation Act, and general law.
How can a Kentucky condo association foreclose its lien?
For condominiums under the 2011 Act, the association may foreclose the lien "in like manner as a mortgage on real estate" — i.e., judicially (KRS 381.9193).
Is there a statutory cap on HOA fines in Kentucky?
No statutory dollar cap. For planned communities, the Planned Community Act counts "Fines for violations levied by the board" as part of a lot's assessment (KRS 381.797(1)(b)) and requires that "the board shall give the owner a written notice and the opportunity to be heard" before imposing one (KRS 381.797(2)), but it sets no amount or reasonableness limit — the governing documents set the fines. For condominiums, KRS 381.9167(1)(k) allows "reasonable fines" only "after notice and an opportunity to be heard."