Kentucky HOA Laws and Regulations

Know your association’s laws

Kentucky Community Association Law

Homeowners’ associations in Kentucky must be set up as corporations and therefore must follow all state corporate laws. In addition to corporate law, the Horizontal Property Law provides more specific regulations regarding common interest communities.

The percentage of interest of an association member owns is based upon the total floor area of their property compared to the whole community. A property owner whose home is 1,800 square feet will have more voting power and share more of the community cost as compared to a homeowner with a house that is 1,500 square feet.


Homeowners Association’s Rights and Responsibilities

To start a common interest community, the community declaration and master deed must be recorded with the county government. The declaration should include all community rules and regulations regarding the collection of dues, elections, and board of director powers and limitations


Master Deed

The master deed must include:

  • A detailed description of the land.
  • General descriptions and the area and each unit.
  • A description of common elements.

The master deed should also include the allocation of votes per unit based on their floor area. Once recorded, the floor space, and therefore allocation of community interest, cannot be changed unless plans for additional constructions were included in the original deed.


Maintenance And Management

The primary purpose of an HOA is to protect home values and provide maintenance of common areas. To raise funds for maintenance costs, the association may collect regular assessments from association members.



Insurance may be purchased by the board of directors and added to the cost of the regular assessments. In the case of an emergency repair that exceeds insurance coverage or is not covered by insurance, the board may vote to create an additional special assessment to cover the cost of any repairs. The board is required to pay back any funds borrowed from a special assessment.



If an account becomes delinquent, the association may place liens on property to recoup any lost income. In extreme cases, they may even foreclose on a unit despite on-time mortgage payments. The owner has the right to repurchase a foreclosed unit and return to the association.


Horizontal Property Law

Please note that CSM is not a licensed attorney and cannot provide legal advice. If you have questions about interpreting your state’s legal requirements or the association’s governing documents, please contact an attorney that is licensed in your state.
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