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, applicable to planned communities formed after June 29, 2023.
- Kentucky Condominium Act, KRS 381.9101–.9207 — a UCIOA-style 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.
- 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 newer 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 notice and budget rules (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:
- On or 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 the same manner as a mortgage on real estate" (i.e., judicially).
- Before January 1, 2011 — the Horizontal Property Law (KRS 381.805–.910) controls.
Open meetings (KRS 381.793)
For planned communities under the 2023 Act, KRS 381.793 brings board meetings into the open 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 no. It applies to planned communities formed after June 29, 2023. Older HOAs continue to operate under the declaration, 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 the same 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. Fines must be authorized by the governing documents and be reasonable.