Kentucky HOA Collections & Liens
Kentucky HOA Collections & Liens
Section 1: Overview
Kentucky runs its community association collections through three distinct frameworks, and the organizing principle is straightforward: what type of community, and when was it created. None of the three gives an association super-priority over a first mortgage. Condominiums created on or after January 1, 2011 fall under the Kentucky Condominium Act (KRS 381.9101 to 381.9207), a framework rooted in the 1980 Uniform Condominium Act — not the later Uniform Common Interest Ownership Act. Condominium regimes created before that date remain under the Horizontal Property Law (KRS 381.805 to 381.910), which dates to the 1960s. Planned communities — non-condominium HOAs — had no comprehensive statute until the 2023 Planned Community Act (KRS 381.785 to 381.801) took effect on June 29, 2023.
Under the Condominium Act, the assessment lien arises automatically the moment an assessment or fine becomes due. Recording the declaration supplies the record notice — no separate filing against each delinquent owner required. Under the Planned Community Act, a continuing lien attaches to any amount still unpaid 30 days after it comes due, but the association must record the lien to fix its priority. Under the Horizontal Property Law, the lien attaches to a unit for its unpaid share of common expenses.
In every framework, the association lien sits behind any mortgage or encumbrance recorded before the association lien arose — or, for condominiums, recorded before the assessment went delinquent. That gives associations meaningful but limited leverage. Every foreclosure runs through the courts: the association files in Circuit Court, and a county master commissioner conducts the sale. No statute sets a minimum dollar amount or a minimum number of months of delinquency before foreclosure, and no statute requires a payment plan or pre-suit mediation. On the national spectrum, Kentucky belongs to the group of states that adopted the uniform-act condominium structure but declined the super-priority lien. The mechanics below differ by community type, and each row identifies which scheme applies.
Kentucky HOA Collections & Liens at a glance
| Item | Value |
|---|---|
| Governing collections statute(s) |
Condominiums (post-2011): Kentucky Condominium Act, KRS 381.9193.1 Condominiums (pre-2011): Horizontal Property Law, KRS 381.883.2 Planned communities: Planned Community Act, KRS 381.799.3 |
| Lien arises |
Condominiums (post-2011): automatically when the assessment or fine becomes due; declaration recording is record notice.1 Planned communities: on amounts unpaid 30 days after due; recording required for priority.3 Pre-2011 condominiums: on the unit for unpaid common expenses.2 |
| Super-priority over first mortgage | None, all three schemes.1,2,3 |
| Lien priority (general rule) |
Condominiums (post-2011): prior to all liens except liens/encumbrances recorded before the declaration and a mortgage recorded before the assessment became delinquent.1 Planned communities: prior to all liens except tax/governmental liens and any mortgage or encumbrance recorded before the association lien was recorded.3 Pre-2011 condominiums: prior to all liens except government tax liens and sums unpaid on first mortgages of record.2 |
| Minimum debt before foreclosure | None set by statute (all schemes).1 |
| Minimum delinquency duration before foreclosure | None set by statute; planned-community lien attaches at 30 days past due.3 |
| Foreclosure type | Judicial, Circuit Court, master commissioner sale (all schemes).1,2 |
| Pre-lien notice required | Condominiums and pre-2011 condominiums: none specified by the lien statute. Planned communities: written notice and opportunity to be heard before imposing fines, damages, or individual assessments.3 |
| Pre-foreclosure notice required | Governed by general judicial-foreclosure procedure and the governing documents; no association-specific statutory pre-foreclosure notice.1 |
| Mandatory payment-plan offer | None (all schemes).1 |
| Board vote required to foreclose | Not required by statute; governing documents may impose one.3 |
| Redemption period after sale | Six months under KRS 426.530, only if the sale brings less than two-thirds of appraised value.4 |
| Recoverable in the lien |
Condominiums (post-2011): assessments, fines, fees, charges, late charges, reasonable collection costs, attorney fees, and interest.1 Planned communities: assessments, special assessments, interest, fines, administrative late fees, enforcement assessments, collection costs, reasonable attorney fees.3 Pre-2011 condominiums: unpaid share of common expenses (and insurance premiums).2 |
| Fines foreclosable | Condominiums (post-2011) and planned communities: yes, fines are secured by the lien. Pre-2011 condominiums: the lien statute reaches common expenses, not fines.1,2,3 |
| Applies to | Condominiums by recording date (Condominium Act post-2011; Horizontal Property Law pre-2011) and planned communities under the 2023 Act.5,6 |
Source: Kentucky Revised Statutes (legislature.ky.gov), KRS 381.9193, 381.883, 381.799, 426.530; 2023 Ky. Acts ch. 23 (SB 120).
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Footnotes
- Ky. Rev. Stat. § 381.9193, Lien for assessments (Kentucky Condominium Act), legislature.ky.gov ↩
- Ky. Rev. Stat. § 381.883, Lien for unpaid assessments; Foreclosure; Suit (Horizontal Property Law), legislature.ky.gov ↩
- 2023 Ky. Acts ch. 23 (SB 120), Planned Community Act, Sections 13 and 15 (codified at KRS 381.785 to 381.801), legislature.ky.gov ↩
- Ky. Rev. Stat. § 426.530, Right of redemption, legislature.ky.gov ↩
- Ky. Rev. Stat. ch. 381, including §§ 381.9101 (short title) and 381.9103 (applicability), legislature.ky.gov ↩
- Ky. Rev. Stat. § 381.786, Planned communities subject to KRS 381.785 to 381.801 (eff. June 29, 2023), legislature.ky.gov ↩
- 15 U.S.C. § 1692f(1), U.S. Code (govinfo.gov) ↩
- 11 U.S.C. § 523(a)(16) (nondischargeability of certain association fees and assessments) ↩
- 2024 Regular Session HB 472 legislative record, 2024 Ky. Acts ch. 150, legislature.ky.gov ↩
- 2025 Regular Session HB 27 legislative record, 2025 Ky. Acts ch. 32, legislature.ky.gov ↩
- Kentucky Court of Appeals, Minutes of November 8, 2024, Saturday v. Ashwood Townhouses of Laredo Association, Inc., No. 2023-CA-0541-MR (consolidated), kycourts.net ↩
- 2026 Ky. Acts ch. 113 (HB 566) (signed Apr. 13, 2026; effective July 15, 2026) (amending KRS 426.522(1)(a); creating KRS 382.110(9) and (10)), Kentucky General Assembly ↩
- HB 566, 2026 Regular Session, bill record, Kentucky General Assembly ↩
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