Kentucky HOA Laws

Kentucky HOA laws have changed significantly since the Commonwealth enacted the Planned Community Act in 2023. Kentucky now has specific statutory requirements governing planned-community homeowners associations, including board organization, homeowner voting, meetings, financial records, assessments, liens, rule enforcement, and political yard signs. The primary statutory framework is found in KRS 381.785 through 381.801. Kentucky’s current statutory database includes enactments through the 2026 Regular Session and was updated September 4, 2026.

For homeowners, the most important point is that an HOA’s authority comes from both Kentucky law and the community’s governing documents. The declaration, bylaws, covenants, conditions, restrictions, and HOA rules still matter, but specific statutory protections can limit what an association may do.

Direct Answer: Kentucky HOA laws establish rules for planned-community associations covering board governance, owner meetings, voting, financial reporting, records, assessments, liens, enforcement, and political signs. Since the Planned Community Act became effective in 2023, Kentucky has had a statutory framework specifically addressing planned-community HOA governance.

What has Kentucky HOA Laws?

Kentucky HOA laws are the state statutes that regulate homeowner associations and planned communities, together with other applicable Kentucky laws and the community’s recorded governing documents.

The principal planned-community provisions are located in KRS 381.785–381.801. The Kentucky Attorney General has described the 2023 Planned Community Act as creating statutory rules concerning HOA governance, board duties, meetings, records, assessments, liens, and homeowner rights that previously were largely governed through restrictive covenants and contract principles.

Does Kentucky Have HOA Laws?

Yes. Kentucky enacted the Planned Community Act in 2023, creating a statutory framework specifically addressing planned-community homeowners associations.

KRS 381.786 provides that, subject to the statute’s stated exceptions, all planned communities in Kentucky are subject to KRS 381.785 through 381.801. However, the statute also protects certain provisions contained in governing documents that were adopted or recorded before June 29, 2023, unless the statute specifically provides otherwise.

This is an important distinction when researching an older Kentucky HOA. The existence of the Planned Community Act does not automatically mean that every provision of an older declaration or covenant was replaced.

Kentucky’s statutory framework applies specifically to planned communities. Condominiums are governed separately under the Kentucky Condominium Act, which is also contained in Chapter 381.

What Is the Kentucky Planned Community Act?

The Kentucky Planned Community Act was enacted through 2023 Senate Bill 120 and became effective June 29, 2023. It established statutory requirements for planned communities, including HOA formation, board governance, declarant control, meetings, financial records, assessments, homeowner record access, liens, and political yard signs.

The Act was significant because Kentucky previously did not have a comparable comprehensive statutory scheme specifically governing homeowner associations in planned communities. The Kentucky Attorney General’s 2024 Opinion 24-12 explains that, before the Act, HOA enforcement was largely based on the language of recorded covenants and contractual principles.

For homeowners, this means that questions that once depended primarily on restrictive covenants may now also involve specific statutory requirements.

What has the Main Kentucky HOA Laws Homeowners Should Know?

The most important areas covered by the Kentucky Planned Community Act include:

HOA Issue	Kentucky Statutory Framework
HOA formation	KRS 381.787
Board elections and removal	KRS 381.787
Declarant control	KRS 381.788
HOA meetings	KRS 381.792
Meeting notice	KRS 381.792
Owner voting	KRS 381.792
Open board meetings	KRS 381.793
Board standards	KRS 381.793
Financial records	KRS 381.790, 381.794
Owner record inspection	KRS 381.795
Assessments	KRS 381.796–381.797
Special assessments	KRS 381.797
HOA liens	KRS 381.799
Political yard signs	KRS 381.800

These provisions form the core statutory framework for Kentucky planned-community HOA governance.

How Are Kentucky HOAs Organized?

Under KRS 381.787, a declarant must establish an association no later than the date the first lot in the planned community is conveyed to a purchaser for fair market value.

The association must be organized either as a nonprofit corporation under KRS Chapter 273 or as an unincorporated nonprofit association under KRS Chapter 273A. The association consists of owners of lots in the planned community and is administered by a board of directors elected from among the owners.

The statute generally requires at least three directors, who take office upon election no later than the end of any declarant-control period.

The declaration or bylaws must address important governance matters, including the number of directors, election methods, board terms, board powers and duties, removal procedures, and board meeting procedures.

Can Homeowners Remove an HOA Board Member in Kentucky?

Yes. One of the more significant Kentucky HOA laws is KRS 381.787’s provision concerning removal of directors.

Unless the declaration or bylaws require a higher percentage, owners may remove a board member with or without cause. The removal generally requires a majority vote of the persons present in person or by proxy and entitled to vote at an association meeting where a quorum is present. A director appointed by the declarant is an exception.

This means homeowners do not necessarily have to prove misconduct to remove an eligible owner-elected director.

However, the governing documents should always be reviewed before a removal vote because they may establish a higher voting threshold or additional procedures where permitted by law.

How Does Declarant Control Affect Kentucky HOAs?

During a development’s declarant-control period, the developer or declarant can retain significant authority over the association.

KRS 381.787 specifically excludes a director appointed by the declarant from the ordinary owner-removal provision. Consequently, homeowners should determine whether a board member was elected by owners or appointed by the declarant before attempting removal.

KRS 381.788 separately addresses the declarant-control period and the surrender of declarant control. This distinction can be particularly important in newer communities where the developer still has governance rights.

What has the Kentucky HOA Meeting Requirements?

Kentucky law establishes specific requirements for association meetings.

Under KRS 381.792, an association must hold an annual meeting at least once each year. Unless the governing documents provide otherwise, the quorum for an association meeting is 10% of the lot owners.

Special meetings may be called by the president, a majority of the board, or by written request from 20% of the owners, unless the declaration or bylaws establish a lower percentage.

Once owners submit the required written request, the secretary must convene the special meeting within 30 days.

How Much Notice Must a Kentucky HOA Give for a Meeting?

Under KRS 381.792, meeting notice must generally be provided to owners at least 10 days and no more than 30 days before the meeting.

The notice must identify the time and place of the meeting as well as the items on the agenda. Kentucky law allows notice to be delivered by U.S. mail, hand delivery, or electronic delivery to the owner’s record address or contact information.

This notice requirement can become especially important when homeowners are being asked to vote on a major governance matter, such as board removal or amendments to governing documents.

What has the Kentucky HOA Voting Rights?

Each lot generally receives one vote under KRS 381.792, and cumulative voting is not permitted.

Votes may be cast personally or through a properly executed proxy. A proxy generally terminates one year after it is signed unless it specifies a shorter period. The declaration or bylaws may also provide for electronic or mail voting.

Unless a greater voting requirement is established by the declaration or bylaws, actions approved by a majority of votes cast at an association meeting constitute the action of the owners.

This makes it important for homeowners to understand whether their community uses one vote per lot, whether electronic voting is permitted, and whether the governing documents establish a higher voting threshold for specific decisions.

Are Kentucky HOA Board Meetings Open to Homeowners?

Generally, yes.

KRS 381.793 provides that board meetings are open to owners unless the bylaws specify otherwise, with executive sessions recognized as an exception. The statute also establishes standards for directors of unincorporated associations.

Open meetings can give homeowners greater visibility into board decisions, particularly decisions involving budgets, maintenance, assessments, rule enforcement, and community operations.

The exact procedures for owner participation should still be reviewed in the bylaws and other governing documents.

Do Kentucky Homeowners Have the Right to Inspect HOA Records?

Yes. KRS 381.795 provides owners with a right to examine and copy the association’s books, records, and minutes, subject to reasonable standards established in the declaration, bylaws, or HOA rules. The association may charge a reasonable copying fee.

The right is not unlimited. Certain categories can be excluded unless the board approves access, including personnel information, certain communications with legal counsel, attorney work product, confidential transactions under negotiation, and information concerning collection of assessments or lists identifying owners with past-due accounts. Records whose disclosure is prohibited by state or federal law are also excluded.

What Financial Information Must a Kentucky HOA Keep?

KRS 381.790 requires a planned-community association to maintain financial records, records showing payments for common expenses and other charges, supporting records for payments to contractors and service providers, meeting minutes, and owner names and mailing addresses.

KRS 381.794 requires financial records to be sufficiently detailed to permit preparation of financial statements consistent with generally accepted accounting principles.

The statute also establishes different financial-reporting standards based on annual association revenue.

Annual HOA Revenue	Required Financial Report Standard
Less than $125,000	Statement of cash receipts and disbursements
$125,000–$299,999	Compilation by an accounting professional
$300,000–$999,999	Review by a CPA
$1 million or more	Audit by a CPA

The financial report must generally be prepared no later than 180 days after the fiscal year ends, unless the declaration or bylaws establish an annual date, and the association must make the report available to lot owners within 30 days after the board receives it.

2026 Legislative Note: Senate Bill 233 proposed exempting planned communities with 14 or fewer units from certain financial-reporting and document-retention requirements. However, the official legislative record shows that the bill passed the Senate on March 16, 2026 and was sent to the House on March 17, 2026; it should not be treated as enacted based on that record.

Can a Kentucky HOA Increase Assessments?

Yes, Kentucky planned-community associations can impose assessments for common expenses, subject to the statute and governing documents.

KRS 381.796 provides that common expenses include costs associated with administration, governance, maintenance, insurance, repairs, and reserves for replacement of common areas. The common expense liability is generally allocated equally among lots unless the governing documents establish otherwise.

The board must assess common expenses at least annually based on an adopted budget.

After declarant control ends, KRS 381.797 establishes additional requirements concerning increases in assessments and special assessments.

What Are the Rules for Kentucky HOA Special Assessments?

A Kentucky planned-community board can levy a special assessment when the board determines that the assessment is in the association’s best interests and the proceeds will be used primarily for common-area maintenance, upkeep, or permitted capital expenditures.

After the declarant-control period ends, approval of a special assessment generally requires an affirmative vote of a majority of the full board.

Within 30 days after the board passes the special assessment, an association meeting must be held to give owners an opportunity to rescind or reduce it. A majority of the total number of lots must vote in person or by proxy to rescind or reduce the assessment.

This gives Kentucky homeowners an important statutory role after a special assessment is approved.

Can a Kentucky HOA Fine Homeowners?

Kentucky law allows certain charges, including fines for violations, to be included in assessments under KRS 381.797.

However, before imposing a charge for a fine, damages, or an individual assessment under that provision, the board must give the owner written notice and an opportunity to be heard.

That procedural protection matters because an HOA cannot simply impose every charge without following the applicable notice requirements.

The underlying declaration, bylaws, and rules should also be reviewed to determine what conduct can be fined and whether additional procedures apply.

Can a Kentucky HOA Place a Lien on a Home?

Yes. KRS 381.799 gives a planned-community association a continuing lien on a lot for unpaid assessments, special assessments, and qualifying charges.

The lien can include related interest, fines, administrative late fees, enforcement assessments, collection costs, and reasonable attorney fees that are chargeable against the lot and remain unpaid 30 days after becoming due and payable.

A properly recorded lien remains valid until released or satisfied according to law. The statute establishes its priority relative to certain other liens, including real-estate tax and governmental liens and mortgages or encumbrances recorded before the HOA lien.

Because an HOA lien can affect title and potentially lead to further collection action, homeowners facing a substantial delinquency should treat the issue as a legal matter rather than ignoring HOA notices.

Can a Kentucky HOA Restrict Political Yard Signs?

Kentucky provides a specific statutory protection for political yard signs.

Under KRS 381.800, the governing documents of a planned community cannot prohibit an owner or resident from displaying political yard signs on the owner’s or resident’s property. Signs may generally be displayed beginning 30 days before a special, primary, or regular election and through seven days after the election, unless a local ordinance provides a longer period.

HOAs may establish reasonable rules concerning the placement, size, and manner of displaying political signs.

The law was amended in 2025 through House Bill 27, which made the political-yard-sign protection applicable to all planned communities and rendered conflicting provisions in existing governing documents void. The amendment was signed by the governor on March 18, 2025.

Do Kentucky HOA Homeowners Have to Follow HOA Rules?

Yes, when the rules are legally applicable.

KRS 381.798 states that owners, residents, tenants, and other persons lawfully possessing or controlling an ownership interest must comply with applicable recorded covenants, conditions, restrictions, bylaws, rules, and regulations, as lawfully amended.

This creates a reciprocal structure. Homeowners must follow valid HOA restrictions, while the association must operate within the authority granted by Kentucky law and its governing documents.

A disagreement with an HOA rule does not automatically make the rule invalid. The key questions are whether the rule is authorized, properly adopted, applicable to the property, and consistent with controlling law.

What Should Homeowners Check Before Challenging a Kentucky HOA?

When a homeowner believes an HOA has acted improperly, the strongest starting point is usually the association’s governing documents and the applicable statute.

A practical review should include:

1. Identify the exact HOA action or rule being challenged.
2. Locate the relevant provision in the declaration, bylaws, or rules.
3. Check the applicable section of KRS Chapter 381.
4. Review meeting notices, minutes, financial records, correspondence, or other supporting documents.
5. Determine whether the HOA followed its required voting and notice procedures.
6. Submit a written request or objection when appropriate.
7. Preserve copies of all relevant documents and communications.
8. Seek qualified Kentucky legal advice when the dispute involves significant financial exposure, a lien, property rights, or litigation.

The key is to challenge the specific legal authority or procedure rather than relying solely on the argument that an HOA decision “doesn’t seem fair.”

Kentucky HOA Laws vs. HOA Governing Documents

Kentucky homeowners should understand that state law and HOA documents work together.

The declaration establishes property-specific covenants and restrictions. Bylaws generally address governance. Rules and regulations provide operational requirements. Kentucky statutes establish legal requirements that can affect how those documents operate.

KRS 381.786 specifically recognizes that certain provisions existing in documents recorded before June 29, 2023 remain valid unless the statute expressly provides otherwise.

This is why two Kentucky communities can have different rules even though both are subject to the Planned Community Act.

What Changed Under Kentucky HOA Laws After 2023?

The biggest change was the creation of a statewide statutory framework for planned communities.

Before the Planned Community Act, Kentucky HOA governance was largely driven by recorded covenants, bylaws, and general contract principles. The Kentucky Attorney General’s 2024 Opinion 24-12 specifically notes this history and explains that the 2023 legislation established statutory rules addressing HOA governance and enforcement.

The newer framework provides more specific rules concerning board removal, owner meetings, voting, open board meetings, financial reports, inspection of records, assessments, special assessments, liens, and political yard signs.

For anyone researching Kentucky HOA laws, using pre-2023 information without checking the current KRS provisions can therefore produce an incomplete or outdated answer.

Frequently Asked Questions About Kentucky HOA Laws