HOA LAWS AND REGULATIONS

  • Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in the state of Kentucky.

  • The Kentucky Fair Housing Act (KRS § 344.360 et seq.; 344.600—344.680). The law protects people from housing discrimination based on because of race, color, religion, sex, familial status, disability, or national origin. The Act provides state-level protections similar to the federal Fair Housing Act (FHA).

    Victims of housing discrimination can file a complaint with the Kentucky Commission of Human Rights or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.

  • Debt Collections - The state of Kentucky has not enacted specific laws governing debt collection practices. However, consumers are protected under the Federal Fair Debt Collection Practices Act (FDCPA). The Act prohibits third-party debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. Victims of unfair collection practices can file a complaint with the state’s Attorney General, the FTC, or the CFPB. Victims may also file a lawsuit against a debt collector in state or federal court within one year from the date of the violation under the FDCPA.

  • Kentucky Nonprofit Corporation Act, KRS 273.161 to 273.390. The state of Kentucky does not have a statute dedicated to homeowners’ associations. However, most Kentucky homeowners’ associations and condominium developments are organized as nonprofit corporations and subject to the authority of the Kentucky Secretary of State. Thus, with regard to its organizational structure and general management, an association is subject to the Kentucky Nonprofit Corporation Act.  Visit the Kentucky Secretary of State to find the corporate status of an association.

  • Kentucky Horizontal Property Law, KRS 381.805 to 381.910. The law applies to regimes created before January 1, 2011, and provides a legal framework for formation, apportionment of interests, common expenses, liens, and insurance; association administration and powers; and maintenance.

  • The Kentucky Condominium Act, KRS 381.9101 to 381.9207. The Act governs, among other things, condominium formation, management, powers, and operation; common elements, insurance, purchaser protection, and records retention in Kentucky. This chapter applies to condominium developments formed after January 1, 2011. However, some sections of this chapter may also apply to condominiums formed before said date. For more on the applicability of provisions of this chapter, please read KRS 381.9103.  

  • Homeowners’ Association Law - Kentucky does not have a statute specifically for homeowners’ associations. However, if an association is a non-profit, as is the case with most Kentucky associations, it will be governed by the Kentucky Nonprofit Corporation Act, specifically with regard to corporate structure and procedure.

    Importantly, homeowners’ associations are bound by their governing documents (Bylaws, Declaration, Articles of Incorporation). The association’s Bylaws generally dictate, among other things, the term, duties, and responsibilities of its board, meeting, voting, and election procedures; and management of the association.

    The association’s Declaration will generally set property restrictions, obligations of the association and its members, and property rights. The Articles of Incorporation typically outline and define the association’s corporate status, powers, and limits.

LEGAL RESOURCES

  • Kentucky Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.

  • Kentucky Court of Justice - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.

  • Kentucky Legal Aid - The office helps low-income individuals solve legal problems.

GOVERNMENT AGENCIES

HOA CONTACT INFORMATION AND DOCUMENTS

  • HOA Directory - The Oregon Secretary of State gives the public the ability to search for corporation information, including an association’s contact information, list of board members, and corporation documents, such as the association’s articles of incorporation. To locate relevant HOA information, enter the legal same of the subdivision or community.

  • HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.