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
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
To ensure that your community association is being run following all state and local laws, it helps to have a professional on your side. CSM has a team of experienced professionals that have worked with communities in almost every state in the US. Specializing in HOA financial management, we can help your board of directors manage association finances, write and submit documents, and prepare for audits. If you have any questions regarding state HOA laws and regulations, give us a call at (865) 315-7505, contact us online or email us at firstname.lastname@example.org.