Kentucky Statewide Rule

Kentucky HOA & Condo Assessments, Liens & Foreclosure

Few RestrictionsApplies statewide across Kentucky (2026)

Key Facts

Condo lien: Automatic, foreclosable like a mortgage (KRS 381.9193)
Condo lien limit: Must enforce within 5 years of full amount due
Planned community (post-6/29/2023): Continuing lien after 30 days (KRS 381.799)
Traditional HOA: No statute; declaration + KRS 273 contract law
Attorney fees: Awarded to prevailing party in condo lien suits

Last verified: September 5, 2026

Summary

Kentucky has no single HOA assessment law. Condominiums get an automatic lien under KRS 381.9193, and planned communities formed after June 29, 2023 get a continuing lien under KRS 381.799. Older traditional HOAs rely on their recorded declaration plus general nonprofit and contract law to collect dues.

381.9193 Lien for assessments. (1) The association shall have a lien on a unit for any assessment levied against that unit or fines imposed against its unit owner from the time the assessment or fine becomes due and, if the assessment is payable in installments, the lien shall be for the full amount of the assessment at the time the first installment becomes due. The association's lien may be foreclosed in like manner as a mortgage on real estate. Unless the declaration otherwise provides, fees, charges, late charges, reasonable collection costs, attorney fees, fines, and interest charged pursuant to KRS 381.9167(1)(j) to (l), shall be secured by the lien and enforceable as assessments under this section.

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Full Breakdown

Kentucky condominiums fall under KRS 381.9193, which gives the association a lien on a unit 'for any assessment levied against that unit or fines imposed' that 'may be foreclosed in like manner as a mortgage on real estate'; recording the declaration perfects the lien, and proceedings must begin 'within five (5) years after the full amount of the assessments becomes due.' Planned communities created after June 29, 2023 get a 'continuing lien' under KRS 381.799 for assessments, fines, late fees, and attorney fees unpaid 30 days after due. Traditional single-family HOAs predating that date have no general statute, so lien power comes from the recorded declaration, enforced as a contract.

Violations & Penalties

No specific statewide statutory penalty for a delinquent owner beyond the debt. A condo or post-2023 planned-community owner faces interest, late fees, collection costs, attorney fees, and judicial foreclosure of the lien; older HOAs collect through whatever remedies the declaration and contract law allow.

Frequently Asked Questions

Can a Kentucky HOA foreclose on my home for unpaid dues?

A condominium association can: KRS 381.9193 says its lien 'may be foreclosed in like manner as a mortgage on real estate.' Planned communities formed after June 29, 2023 have a continuing lien under KRS 381.799. Older HOAs depend on lien powers written into their recorded declaration.

Does Kentucky cap HOA assessments or late fees?

There is no statewide cap. For post-2023 planned communities, KRS 381.796 lets the board charge interest or a late fee 'not to exceed any maximum rate allowed by law.' Other associations follow the limits in their own declaration and bylaws.

Is there a Kentucky homeowners association act?

Only partly. Condos are covered by KRS 381.9101–.9207 and planned communities formed after June 29, 2023 by KRS 381.785–.801. Older traditional HOAs have no comprehensive statute and are governed by the declaration plus the Nonprofit Corporation Act, KRS Chapter 273.

Sources

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