Title XXXII, Ownership and Conveyance of Property

KRS 381.785 to 381.801 may be cited as the Planned Community Act.

area -- Petition by city to appoint receiver -- Authority of receiver -- City may seek reimbursement for costs to repair or maintain infrastructure or common area from receiver. (1) As used in this section: (a) "City" means any city, consolidated local government, urban-county go…

KRS 381.805 to 381.910 shall be known as the Horizontal Property Law.

As used in KRS 381.805 to 381.910, unless the context otherwise requires: (1) "Unit" means an enclosed space as measured from interior unfinished surfaces consisting of one or more rooms occupying all or part of a floor in a building of one or more floors or stories regardless of…

Whenever a developer, the sole owner, or the co-owners of a building or buildings, constructed or to be constructed, expressly declare, through the recordation of a master deed or lease, which shall set forth the particulars enumerated by KRS 381.835, their desire to submit their…

Once the property is submitted to the condominium property regime, a unit in the building(s) may be individually conveyed and encumbered and may be the subject of ownership, possession or sale and of all types of juridic acts inter vivos or mortis causa, as if it were sole and en…

Any unit may be jointly or commonly owned by more than one (1) person.

(1) The owner of a unit designed for office, industrial or business use may divide his unit into two (2) or more smaller units. No interest in the unit shall be conveyed until the master deed and floor plans have been modified as provided in this section. (2) Prior to subdividing…

(1) (a) A unit owner shall have the exclusive ownership to his unit and shall have a common right to a share, with other co-owners, in the common elements of the property, equivalent to the percentage representing the floor area of the individual unit, with relation to the floor …

plans. (1) The county clerk shall immediately set up the mechanics and methods by which recordation of a master deed or lease and of the individual units may be made. Provisions shall be made for the recordation of the individual units on subsequent resales, mortgages, and other …

If a condominium does not contain any unit which is designed for occupancy by only one family or household, or if the floor area of all those units which are designed for occupancy by only one (1) family or household does not in the aggregate exceed ten percent (10%) of the floor…

The deed of each individual unit shall describe such unit by making reference to the applicable master deed and floor plans required under KRS 381.835, designating the letter or number or other appropriate designation of the unit, followed by the words "a condominium unit". Any c…

All of the co-owners or the sole owner of a building constituted into a horizontal property regime may waive this regime and request the county clerk to regroup or merge the records of the filial estates with the principal property, provided, that the filial estates are unencumbe…

The merger provided for in KRS 381.850 shall in no way bar the subsequent constitution of the property into another horizontal property regime whenever so desired and upon observance of the provisions of KRS 381.805 to 381.910.

The administration of the building or buildings constituted into a condominium property regime shall be governed by bylaws approved and adopted by the council of co-owners. The bylaws may be amended from time to time by vote of a majority of the council.

All co-owners are bound to contribute in accordance with their percentage of common interest toward the expenses of administration and of maintenance, repairs and replacement reserves of the general common elements, and, in the proper case, of the limited common elements of the r…

The laws relating to exemptions as set out in KRS Chapter 427 are applicable to the individual units which shall have the benefit of said exemption in those cases the same as in ownership of any other property.

All sums assessed by the council of co-owners but unpaid for the unit's share of the common expenses constitute a lien on such unit prior to all other liens, except only (1) liens for taxes and assessments lawfully imposed by governmental authority against such unit, and (2) all …

The council of co-owners may acquire insurance protection for the regime, including, but not exclusively, casualty, liability and employee workers' compensation insurance, without prejudice to the right of each co-owner to insure his own unit on his own account and for his own be…

(1) In case of fire or other destruction or damage the regime's insurance indemnity, except as provided in subsection (3) of this section, shall be applied to reconstruct and repair the common elements affected. (2) Where the destruction and damage is not insured or where the ins…

(1) Where a judgment arising from a risk common to all of the co-owners is in excess of the liability insurance in force, the liability of any co-owner shall not exceed his pro rata share as determined by the percentage the value of his individual unit bears to the value of the p…

Taxes, assessments and other charges of this state, or of any political subdivision, or of any special improvement district, or any other taxing or assessing authority shall be assessed against and collected on each individual unit, each of which shall be carried on the tax books…

The provisions of KRS 381.805 to 381.910 shall be in addition to and supplemental to all other provisions of the Kentucky Revised Statutes, provided that wherever the application of the provisions of KRS 381.805 to 381.910 conflict with the application of such other provisions, K…

Whenever they deem it proper, the planning and zoning commission of any county or municipality may adopt supplemental rules and regulations governing a horizontal property regime established under KRS 381.805 to 381.910 in order to implement this program.

KRS 381.9101 to 381.9207 shall be known and may be cited as the Kentucky Condominium Act.

(1) Except as provided in subsections (2), (3), and (4) of this section, KRS 381.9101 to 381.9207 applies to all condominiums created within the Commonwealth after January 1, 2011. (2) KRS 381.9109, 381.9111, 381.9113, 381.9129, 381.9131, 381.9167, 381.9169, 381.9183, 381.9193, 3…

As used in KRS 381.9101 to 381.9207, or in the declaration or bylaws of any condominium unless specifically provided or the context otherwise requires: (1) "Affiliate of a declarant" means any person who controls, is controlled by, or is under common control with a declarant. (a)…

Except as expressly provided in KRS 381.9101 to 381.9207, provisions of KRS 381.9101 to 381.9207 may not be varied by agreement, and rights conferred by KRS 381.9101 to 381.9207 may not be waived. A declarant may not act under a power of attorney, or use any other device, to evad…

(1) If there is any unit owner other than a declarant, each unit that has been created, together with its interest in the common elements, constitutes for all purposes a separate parcel of real estate. (2) If there is any unit owner other than a declarant, each unit shall be sepa…

real estate use law. A zoning, subdivision, building code, or other real estate use law, ordinance, or regulation shall not prohibit the condominium form of ownership or impose any requirement upon a condominium which it would not impose upon a physically identical development un…

(1) If a unit is acquired by eminent domain, or if part of a unit is acquired by eminent domain leaving the unit owner with a remnant which may not practically or lawfully be used for any purpose permitted by the declaration, the award shall compensate the unit owner for his or h…

381.9207. Unless displaced by a particular provision of KRS 381.9101 to 381.9207, the principles of law and equity, including the law of corporations and unincorporated associations, the law of real property, and the law relative to capacity to contract, principal and agent, emin…

KRS 381.9101 to 381.9207 being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.

Condominium Act to be liberally construed. (1) KRS 381.9101 to 381.9207 shall be liberally construed and applied to promote its underlying purposes and policies. (2) The underlying purposes and policies of KRS 381.9101 to 381.9207 are: (a) To simplify, clarify, and modernize the …

If any provision of KRS 381.9101 to 381.9207 or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of KRS 381.9101 to 381.9207 that can be given effect without the invalid provision or applicatio…

Every contract or duty governed by KRS 381.9101 to 381.9207 imposes an obligation of good faith in its performance or enforcement.

A condominium may be created pursuant to KRS 381.9101 to 381.9207 only by recording a declaration executed in the same manner as a deed. The declaration shall be recorded in every county in which any portion of the condominium is located, and shall be indexed in the name of the c…

(1) If walls, floors, or ceilings are designated as boundaries of a unit, all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof are a part of the un…

(1) All provisions of the declaration and bylaws are severable. (2) The rule against perpetuities shall not be applied to defeat any provision of the declaration, bylaws, rules, or regulations adopted pursuant to KRS 381.9167. (3) In the event of a conflict between the provisions…

After the declaration is recorded, a description of a unit which sets forth the name of the condominium, the recording data for the deed and declaration, the county in which the condominium is located, and the identifying number of the unit, is a sufficient legal description of t…

(1) The declaration for a condominium shall contain: (a) The name of the condominium which shall include the word "condominium" or be followed by the words "a condominium," and the association; (b) The name of every county in which any part of the condominium is situated; (c) A l…

(1) A memorandum of lease shall be recorded with respect to any lease the expiration or termination of which may terminate the condominium or reduce its size. Every lessor of those leases shall sign the memorandum of lease, and the memorandum of lease shall state: (a) The element…

liabilities. (1) The declaration shall allocate a fraction or percentage of undivided interests in the common elements and in the common expenses of the association, and a portion of the votes in the association, to each unit and state the formulas used to establish those allocat…

(1) Except for the limited common elements described in KRS 381.9127(2), (4), and (6), the declaration shall specify to which unit or units each limited common element is allocated. That allocation shall not be altered without the consent of the unit owners whose units are affect…

(1) Plats and plans are a part of the declaration. Separate plats and plans are not required by KRS 381.9101 to 381.9207 if all the information required by this section is contained in either a plat or plan. Each plat and plan shall be clear and legible and contain a certificatio…

(1) To exercise any development right reserved under KRS 381.9133(1)(h), the declarant shall prepare, execute, and record an amendment to the declaration and comply with KRS 381.9141. The declarant is the unit owner of any units thereby created. The amendment to the declaration s…