What your HOA can and can't do under Kentucky law — with exact statute citations.
Kentucky passed the Planned Community Act in 2023 (SB 120, codified in KRS Chapter 381, §381.785 through §381.801), creating the state's first statutory framework for planned community HOAs. Before this law, Kentucky HOAs relied entirely on their CC&Rs and the Nonprofit Corporation Act. The 2023 Act covers budgets, records access, assessments, liens, and open board meetings. For condominiums, the Kentucky Condominium Act (KRS 381.9101 et seq.) provides additional protections.
These are your enforceable rights under KRS §381.785 et seq. (Kentucky Planned Community Act (2023 SB 120)). Each right has a specific statute citation you can use in any dispute letter.
Under the 2023 Planned Community Act, the association shall be organized as a nonprofit corporation under KRS Chapter 273 or as an unincorporated nonprofit association. This means your HOA is subject to the obligations of Kentucky nonprofit law — including records access rights — in addition to the Planned Community Act. IMPORTANT: most provisions of the 2023 Planned Community Act, including this one, apply only to HOAs FORMED AFTER June 29, 2023. If your HOA was formed before that date, it is not automatically subject to the Act unless it voluntarily elected in — check your declaration or ask your board directly.
2023 SB 120 / KRS Chapter 381The association must annually adopt and amend a budget for revenues and expenditures, which may include reserves for future capital repairs. This gives homeowners the right to review annual budgets and challenge assessments that exceed what the budget authorizes.
2023 SB 120 / KRS Chapter 381Homeowners have the right to inspect association records including financial records and meeting minutes under the Planned Community Act. Submit a written request to your HOA board identifying the specific records you need. Keep a copy — if the HOA refuses, document the refusal.
2023 SB 120 / KRS Chapter 381Board meetings must be open to owners under the Planned Community Act framework. You have the right to attend board meetings and observe enforcement and financial decisions. Check your governing documents and the full text of SB 120 for specific meeting notice requirements.
2023 SB 120 / KRS Chapter 381The 2023 Act governs how associations collect assessments and establishes lien procedures for unpaid assessments. Your HOA must follow the statutory collection procedure — not just internal CC&R rules — when pursuing unpaid assessments. Verify the HOA followed the Act's procedures before any lien is recorded.
2023 SB 120 / KRS Chapter 381Unless otherwise specified in the declaration, amendments to the declaration require consent of 80% of all lot owners. This supermajority requirement protects homeowners from boards unilaterally changing CC&Rs without broad community approval. Check your declaration — it may set a different threshold, but it cannot be lower than what the Act requires.
2023 SB 120 / KRS Chapter 381KRS §381.800 states directly: "The governing documents of an association shall not prohibit the outdoor display of political yard signs by an owner or resident on the owner's or resident's property." Your HOA may only impose reasonable rules on PLACEMENT, SIZE, and MANNER of display — it cannot ban signs entirely. TIME WINDOW: signs may go up no earlier than 30 days before any special, primary, or regular election and must come down within 7 days after, unless a longer period is set by local ordinance. IMPORTANT 2025 UPDATE: the law was amended (HB 27, effective June 27, 2025) to apply to ALL planned communities regardless of when the HOA was formed — and any existing CC&R or governing document provision that conflicts with this section is now VOID. This closed an earlier gap where pre-2023 HOA covenant bans were arguably still enforceable.
KRS §381.800 (created 2023, amended 2025 Ky. Acts ch. 32, eff. June 27, 2025)For HOAs organized as nonprofits (which the 2023 Act requires), members have the right to inspect books and records under KRS 273.161 et seq. This includes financial statements, board minutes, and membership records. Submit a written request to the registered agent or board officer. This right exists independently of the Planned Community Act.
KRS 273.161 et seq.If you own a condominium rather than a single-family home in a planned community, a different framework applies. Condos created AFTER January 1, 2011 are governed by the modern Kentucky Condominium Act (KRS §381.9101 through §381.9207) — a comprehensive UCIOA-style law covering meetings, records, assessments, liens, and governance. Condos created BEFORE January 1, 2011 are governed by the older Kentucky Horizontal Property Law (KRS §381.805 through §381.910). Some specific sections of the modern Condominium Act also apply to pre-2011 condos for events occurring after 2011 — including financial record requirements under §381.9197. Defense: verify your condo regime's creation date before accepting which statute governs your dispute.
KRS §381.9101-§381.9207 (Condominium Act, post-2011); KRS §381.805-§381.910 (Horizontal Property Law, pre-2011)This is the single most important threshold question for any Kentucky HOA dispute. The 2023 Planned Community Act (KRS §381.785-§381.801) applies PROSPECTIVELY only — it governs HOAs created AFTER June 29, 2023. If your HOA was formed before that date, it is NOT automatically subject to the Act's protections (records access, open meetings, budget requirements, 80% amendment supermajority) unless your HOA voluntarily elected in. Pre-2023 HOAs are instead governed by your CC&Rs and the Kentucky Nonprofit Corporation Act (KRS §273.161 et seq.). Since most existing Kentucky HOAs were formed before 2023, most homeowner disputes will actually run through this older framework, not the new Act. EXCEPTION: the political sign protection (§381.800) now applies to all planned communities regardless of formation date.
KRS §381.785-§381.801 (2023 Act, prospective only); KRS §273.161 et seq. (Nonprofit Corp Act, pre-2023 HOAs)Most of the 2023 Planned Community Act applies only PROSPECTIVELY — to HOAs formed after June 29, 2023. If your HOA was formed before that date, you are NOT automatically covered by the Act's budget, records, meeting, and lien provisions unless your association voluntarily elected to be governed by it. Pre-2023 HOAs are instead governed by their CC&Rs, the Kentucky Nonprofit Corporation Act (KRS §273.161 et seq.), and Kentucky common-law contract principles. EXCEPTION: the political yard sign protection (KRS §381.800) now applies to ALL Kentucky planned communities regardless of formation date, following the 2025 amendment. Check your HOA's formation date with the Kentucky Secretary of State before assuming which framework applies to your dispute.
KRS §381.785 et seq. (prospective application); KRS §273.161 et seq. (pre-2023 HOAs); KRS §381.800 (applies to all HOAs regardless of formation date)If you own a condominium rather than a single-family home in a planned community, the 2023 Planned Community Act generally does not apply to you. Condos formed AFTER January 1, 2011 are governed by the modern Kentucky Condominium Act (KRS §381.9101 through §381.9207). Condos formed BEFORE January 1, 2011 are governed by the older Kentucky Horizontal Property Law (KRS §381.805 through §381.910) — though several specific provisions of the modern Condominium Act also apply to pre-2011 condos for events occurring after January 1, 2011. Verify your condo's formation date before citing either statute.
KRS §381.9101-§381.9207 (Condominium Act, post-2011); KRS §381.805-§381.910 (Horizontal Property Law, pre-2011 condos)These activities are protected by Kentucky state law. Any HOA rule or fine that prohibits these things is unenforceable.
This is the required process under Kentucky law. If your HOA skipped any step, the fine may be procedurally defective. Steps marked ⚠️ are the ones HOAs most commonly skip.
The most common questions Kentucky homeowners ask about their HOA rights.
Yes. Kentucky passed the Planned Community Act in 2023 (SB 120, codified at KRS §381.785 through §381.801), creating the state's first statutory framework specifically for planned community HOAs. Before this law, Kentucky HOAs were governed entirely by their CC&Rs and the Nonprofit Corporation Act (KRS 273.161 et seq.). The 2023 Act covers budgets, records access, assessments, liens, and open board meetings — making Kentucky more structured than states like Iowa, which still has no comprehensive planned community HOA act. Important: the 2023 Act applies only to HOAs formed after June 29, 2023 — if your HOA is older, check whether it voluntarily elected into the Act before assuming these protections apply to you.
No. Kentucky's 2023 Planned Community Act does not set a statutory dollar cap on HOA fines — unlike Florida, which caps fines at $1,000 total under §720.305, or Virginia, which caps fines at $50 per offense. In Kentucky, fines must be authorized by your governing documents and reasonable in amount. Always request the adopted fine schedule in writing to verify the amount being charged is properly authorized.
Kentucky does not have a dedicated HOA oversight agency. Unlike Florida (DBPR), Arizona (ADRE), or Colorado (DORA), there is no Kentucky state office specifically tasked with investigating HOA complaints. Your primary option for state-level complaints is the Kentucky Attorney General's Office of Consumer Protection at ag.ky.gov, which investigates deceptive or unfair practices. For monetary disputes, Kentucky small claims court (District Court) handles claims up to $2,500.
Yes. Under the 2023 Kentucky Planned Community Act (KRS §381.785 et seq.) and the Nonprofit Corporation Act (KRS 273.161 et seq.), Kentucky homeowners have the right to inspect association records including financial statements and meeting minutes. Submit a written request to your HOA board identifying the specific records you need. Keep a copy of your written request — if the HOA refuses, document the refusal as grounds for a complaint or court action.
Kentucky's small claims court (District Court) handles civil disputes up to $2,500 — one of the lowest small claims limits in the country. If your HOA dispute involves an amount above $2,500, you will need to file in Kentucky District Court (general civil jurisdiction) or Circuit Court for larger amounts. For most routine fine disputes under $2,500, small claims is your most accessible option. No attorney is required in small claims court.
No. Under KRS §381.800, your HOA's governing documents cannot prohibit the outdoor display of political yard signs on your property. The HOA may set reasonable rules about placement, size, and manner of display, but cannot ban signs outright. Signs are allowed starting 30 days before an election and must come down within 7 days after, unless your local ordinance permits longer. As of a 2025 amendment (effective June 27, 2025), this protection applies to ALL Kentucky planned communities regardless of when they were formed, and any existing CC&R provision banning political signs is now void.
This matters a great deal for which rights apply to you. The 2023 Act (KRS §381.785-§381.801) only applies automatically to HOAs created after June 29, 2023. If your HOA predates that, it's governed by your CC&Rs and the Kentucky Nonprofit Corporation Act (KRS §273.161 et seq.) unless your association voluntarily opted into the new Act. You can check your HOA's formation date through your county clerk's recorded declaration, or by asking your HOA board directly. The one exception that applies to every Kentucky HOA regardless of age is the political sign protection under §381.800.
Mostly no, with one important exception. The 2023 Kentucky Planned Community Act (KRS §381.785 et seq.) applies prospectively — generally only to HOAs formed AFTER June 29, 2023 — unless your pre-2023 HOA voluntarily elected to be governed by it. If your HOA predates the Act and didn't opt in, your rights come from your CC&Rs and the Kentucky Nonprofit Corporation Act (KRS §273.161 et seq.) instead. The one exception: the political yard sign protection under KRS §381.800 now applies to every Kentucky planned community regardless of formation date, following a 2025 amendment. Check your HOA's formation date with the Kentucky Secretary of State to know which framework governs your specific dispute.
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