Kentucky special assessments: what your board must do.

Kentucky HOAs can levy special assessments, but owners get a vote to rescind or reduce.

Condos

Does the board need an owner vote?

Subject to your declaration, a condominium association in Kentucky (condos created after 1 January 2011, and older ones for later events) may adopt budgets and collect assessments, and this section sets no owner vote for an ordinary assessment. It does allow an emergency assessment to comply with a court order or to repair an emergency structural, utility or mechanical condition (the repair case needs a sealed engineer's or architect's opinion), if a simple majority of owners present at a special meeting or 75% of the board approves it. A simple majority of all owners can later reduce or rescind it at a special meeting.

KRS 381.9167(3)-(4)

What notice must owners get?

For condos created after 1 January 2011, the association must give notice 10 to 60 days before any owners' meeting, by hand delivery or prepaid mail to your unit or the address you designated in writing. The notice must state the time, place and agenda, including any budget changes.

KRS 381.9177

Your right to see the records

All financial and other records must be made reasonably available for you or your authorized agent to examine. The statute sets no deadline for the association to respond to a request. Separately, an independent accountant must prepare an annual financial report, and the association must make it available to you within 30 days after the board receives it.

KRS 381.9197

Payment plans, late fees and liens

Past-due assessments bear interest at a rate the association sets, up to 18% a year. The association has a lien on your unit for unpaid assessments, fines, late charges and attorney fees, foreclosable like a mortgage, and must give you a recordable statement of what you owe within 10 business days of a written request. The interest cap applies to condos created after 1 January 2011; the lien section also reaches older condos for later events.

KRS 381.9191(2); 381.9193

HOAs (houses and townhouses)

Owner vote

This applies to planned communities with a homeowners' association. After the developer's control ends, the board can levy a special assessment (for common-area upkeep, including capital items) by a majority of the full board, and within 30 days the association must hold a meeting where a majority of all lots, in person or by proxy, can rescind or reduce it. If a new annual budget is more than 15% above last year's, owners get a meeting to ratify it, and it is rejected only if a majority of all owners (or a larger vote your declaration sets) vote no.

KRS 381.797(3)-(4), (7)

Notice

Notice of an owners' meeting must go out 10 to 30 days ahead, by mail, hand delivery or electronically, and must state the time, place and agenda items. The board must give you the adopted budget within 30 days after adopting it.

KRS 381.792(3); 381.797(7)

Records

You may examine and copy the association's books, records and minutes under reasonable standards set in the declaration, bylaws or board rules, including a reasonable copying fee. Unless the board approves, the association may refuse items such as personnel matters, communications with its lawyer and collection or past-due lists. The statute sets no response deadline.

KRS 381.795

Payment, late fees and liens

The board may charge interest or a late fee at a rate it sets, up to any maximum the law allows. The association's continuing lien covers assessments, special assessments, interest, fines, late fees and attorney fees that stay unpaid 30 days after they are due. If you don't pay, the association can deny you access to common areas, but not a road that gives direct access to your lot.

KRS 381.796(4); 381.797(6); 381.799

Summarised from the statutes in November 2026. Not legal advice; your declaration and bylaws may add more rules.