Kentucky HOA Laws

There are certain things homeowners associations can’t do under Kentucky HOA laws. Violating these statutes can result in legal liability. The best way to avoid that is to familiarize yourself with the different laws that govern associations.


How to Establish an HOA in Kentucky

To create a common interest community in Kansas, the association must record a master deed and declaration with the county recorder’s office. The declaration must include the following:

On the other hand, the must deed must consist of the following:

  • A detailed description of the land
  • Unit and area descriptions
  • A description of the common elements in the community
  • Allocation of votes per unit


Kentucky Horizontal Property Law

The Kentucky Horizontal Property Law serves as a guide for the horizontal property regimes established prior to January 1, 2011. It provides a legal structure for the creation of the regime as well as for common expenses, insurance, liens, association powers, and maintenance.

You can find the Kentucky Horizontal Property Law under Sections 381.805 through 381.910 of the Kentucky Revised Statutes. It consists of 26 sections, namely:


The Kentucky Condominium Act

The Kentucky Condominium Act oversees the creation, authority, operation, and management of condominiums in the state. It also contains provisions concerning records retention, common elements, and insurance. This Act applies to condominiums established after January 1, 2011. However, it is worth noting that some provisions of this Act also apply to older and newer condominium regimes established before or after that date.

You can find the Kentucky Condominium Act under Sections 381.9101 through 381.9207 of the Kentucky Revised Statutes. It consists of four sections; each one divided further into sections.

Section 1 – General Provisions

Section 2 – Creation, Alteration, And Termination of Condominiums

Section 3 – Management of Condominium

Section 4 – Protection of Condominium Purchasers


Kentucky HOA Laws on Corporate Governance

Unlike some other states, Kentucky does not have a statute specifically designed for homeowners associations. But, most HOAs in the state are considered non-profit corporations. Therefore, in terms of corporate structure, procedure, and management, they are bound to the Kentucky Nonprofit Corporation Act.

You can find the Kentucky Nonprofit Corporation Act under Sections 273.161 through 273.390 of the Kentucky Revised Statutes. It consists of the following sections:


Fair Housing

Similar to other states, Kentucky has its own state-level Fair Housing laws that work to protect people from housing discrimination. Under Kentucky HOA laws, housing providers, including HOAs, may not discriminate against people based on their sex, religion, race, color, national origin, disability, or familial status. It functions in the same way as the federal Fair Housing Act.

Housing discrimination victims can choose to file a private lawsuit. They may also report the act to the U.S. Department of Housing and Urban Development or the Kentucky Commission of Human Rights.

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