Kentucky recently got a comprehensive HOA statute for the first time: the Planned Community Act, KRS 381.785–381.803, enacted in 2023 and amended in 2024 and 2025. If you've read older descriptions of Kentucky as having "no HOA law," that's now out of date for anything happening after June 29, 2023. One important trap to watch for: Kentucky also has a separate, more developed Condominium Act (KRS 381.9101 et seq.) with its own rules on interest caps and resale certificates — those provisions apply only to condominiums, not to a subdivision of detached homes governed by a declaration of covenants, which is what this guide covers.
Fines: what your HOA can and can't charge
The Planned Community Act gives boards express fine authority as part of its definition of "assessment," but it comes with a real procedural guardrail: "[b]efore imposing fines or assessments, the board shall give the owner a written notice and the opportunity to be heard" (KRS 381.797). There's no statutory dollar cap on fine amounts — that's left to the board's discretion, subject to the declaration and general good-faith standards for directors. One thing worth flagging clearly: because fines count as "assessments" under the Act, an unpaid fine can become lien-secured debt just like unpaid dues, and ultimately foreclosure-exposed — so a stack of unresolved fines is a bigger deal in Kentucky than in states where fines can't attach to your property.
See our guide on how to fight an HOA fine for the general playbook.
Unpaid assessments, liens, and foreclosure
Kentucky's Act gives associations a continuing lien for unpaid assessments, special assessments, fines, interest, late fees, and collection costs that remain unpaid 30 days after coming due (KRS 381.799). The lien is prior to most other liens, but it's subordinate to real estate tax liens and to any mortgage or other lien recorded before the association's lien — meaning it loses to virtually every first mortgage, which is almost always recorded earlier. Kentucky has no "super lien" priority over first mortgages the way some other states do.
Kentucky is a judicial-foreclosure-only state — there's no non-judicial power-of-sale option here for mortgages or HOA liens, so enforcement means an actual lawsuit in circuit court. On interest: the board can charge interest or a late fee "at the rate established by the board, not to exceed any maximum rate allowed by law" — there's no fixed percentage written into the non-condo statute itself (that 18% figure you might see elsewhere applies only to condos under the separate Condominium Act). One protection worth knowing: the association can suspend common-area privileges for nonpayment, but it can't cut off a delinquent owner's road access to their own lot.
More on this in our guide to what happens if you don't pay HOA dues.
Meetings and quorum
The Planned Community Act sets real numbers here. Association meeting notice must go out 10 to 30 days ahead, and quorum defaults to 10% of lot owners present in person or by proxy — though the bylaws can set a different figure. Owners holding 20% of the vote (or a lower percentage the bylaws set) can force a special meeting, which the board must hold within 30 days. Board meetings need 51% of directors present to have quorum, and generally have to stay open to owners except during executive session. Cumulative voting isn't allowed — it's one vote per lot. If your HOA is organized as a Kentucky nonprofit corporation (nearly all are), the general Nonprofit Corporation Act's own default notice window (10 to 35 days) and 10% quorum backstop these rules wherever the Planned Community Act or your bylaws are silent.
Board elections
Kentucky has no statewide felony bar and no delinquency-based disqualification for HOA board candidates — if your association wants either kind of restriction, it has to be written into the declaration or bylaws, because state law doesn't impose one. A board member can be removed by a majority vote of those present and voting at a properly noticed meeting, unless the bylaws require a higher threshold (developer-appointed directors during the declarant-control period are an exception). Proxies expire after one year unless they specify a shorter term, and there's no statutory cap on how many proxies one person can hold.
For the general mechanics, see how HOA board elections work.
Buying a home in a Kentucky HOA
Kentucky's general seller disclosure form (governed by KRS 324.360) doesn't include a line item for HOA status or dues either. In practice, a buyer's only real source of HOA financial information is what the seller or listing agent voluntarily provides, or what you can get by directly asking the association or management company — there's no statutory deadline forcing them to respond.
See our full buying checklist for homes in an HOA before you make an offer.
Need help with a Kentucky HOA issue? Find an HOA attorney in Kentucky, or find a management company in Kentucky.