Lexington HOA Rules: Assessment & Dues Rules (2026)

Assessment collection and lien rights for Lexington HOAs are controlled by Kentucky statute and the association's governing documents. For condominiums, the Kentucky Horizontal Property Law (KRS 381.9164) expressly grants associations a lien for unpaid assessments, which takes priority over most subsequent liens except first mortgages recorded before the assessment became due and certain tax liens. For planned communities, the lien right must be established in the recorded Declaration and operates as a contractual lien enforceable through Kentucky's general foreclosure procedures. Regular assessments fund common area maintenance, insurance, reserves, management fees, and utilities for common elements. Special assessments for major repairs (roof replacement, road resurfacing, amenity upgrades) typically require a higher vote threshold — often two-thirds of owners — per the bylaws. Late fees are common at 25-50 dollars per month plus interest (often 8-18 percent annually, up to KRS 360.010 usury limits). After 60-90 days delinquent, most Lexington HOAs file a lien with the Fayette County Clerk and can initiate judicial foreclosure in Fayette Circuit Court, though most collect through collection agents or settle before foreclosure. The HOA may also suspend voting rights and access to amenities (pool, clubhouse) during delinquency. Kentucky does not require pre-lien notice timelines like some states, but most CC&Rs provide 30-day cure notice before filing. Owners can challenge assessments in court on grounds of procedural defect, improper allocation, or breach of fiduciary duty.