Title XXXII, Ownership and Conveyance of Property

Subject to the provisions of the declaration, a declarant has an easement through the common elements as may be reasonably necessary for the purpose of discharging a declarant's obligations or exercising special declarant rights, whether arising under KRS 381.9101 to 381.9207 or …

(1) Except in cases of amendments that may be executed by a declarant under KRS 381.9141(6) or 381.9143; the association under KRS 381.9113, 381.9135(4), 381.9139(3), 381.9147(1), or 381.9149; or certain unit owners under KRS 381.9139(2), 381.9147(1), or 381.9149(2), and except a…

(1) Except in the case of a taking of all the units by eminent domain, a condominium may be terminated only by agreement of unit owners of units to which at least eighty percent (80%) of the votes in the association are allocated, or any larger percentage the declaration specifie…

The declaration may require that all or a specified number or percentage of the mortgagees encumbering the units approve specified actions of the unit owners or the association as a condition to the effectiveness of those actions, but a requirement for approval shall not operate …

(1) If the declaration for a condominium provides that any of the powers described in KRS 381.9167 are to be exercised by or may be delegated to a for-profit or nonprofit corporation or unincorporated association which exercises those or other powers on behalf of one (1) or more …

(1) Any two (2) or more condominiums by agreement of the unit owners as provided in subsection (2) of this section, may be merged or consolidated into a single condominium. In the event of a merger or consolidation, unless the agreement otherwise provides, the resultant condomini…

Unless stated otherwise in the declaration, a unit owners' association shall be organized no later than the date the first unit in the condominium is conveyed. The membership of the association shall at all times consist exclusively of all the unit owners or, following terminatio…

(1) Except as provided in subsection (2) of this section and subject to the provisions of the declaration, the association, even if unincorporated, may: (a) Adopt and amend bylaws, rules, and regulations; (b) Adopt and amend budgets for revenues, expenditures, and reserves, and c…

(1) Except as provided in the declaration, the bylaws, or subsection (2) of this section, the executive board may act in all instances on behalf of the association. In the performance of their duties, the officers and members of the executive board shall act in accordance with KR…

and injunctive relief. (1) A board member shall discharge his or her duties as an officer or a member of the executive board, including his or her duties as a member of a committee: (a) In good faith; (b) On an informed basis; and (c) In a manner he or she honestly believes to be…

(1) No special declarant right created or reserved under KRS 381.9101 to 381.9207 may be transferred except by an instrument evidencing the transfer recorded in every county in which any portion of the condominium is located. The instrument is not effective unless executed by the…

(1) The bylaws of the association shall provide for: (a) The number of members of the executive board and the titles of the officers of the association; (b) Election by the executive board of a president, treasurer, secretary, and any other officers of the association the bylaws …

estate subject to development rights. (1) Except as provided in subsection (2) of this section, KRS 381.9187(6), or as otherwise provided by the declaration, the association is responsible for maintenance, repair, and replacement of the common elements, and each unit owner is res…

A meeting of the association shall be held at least once each year. Special meetings of the association may be called by the president, a majority of the executive board, or by unit owners having twenty percent (20%), or any lower percentage specified in the bylaws, of the votes …

(1) Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the association if persons entitled to cast ten percent (10%) of the votes which may be cast for election of the executive board are present in person or by proxy at the beginning of the…

(1) If only one (1) of the multiple owners of a unit is present at a meeting of the association, he or she is entitled to cast all the votes allocated to that unit. If more than one (1) of the multiple owners of a unit are present, the votes allocated to that unit may be cast onl…

(1) Neither the association nor any unit owner except the declarant shall be liable for that declarant's torts in connection with any part of the condominium which that declarant has the responsibility to maintain. (2) An action alleging a wrong done by the association shall be b…

(1) Portions of the common elements may be conveyed or subjected to a lien or security interest by the association if persons entitled to cast at least eighty percent (80%) of the votes in the association, including eighty percent (80%) of the votes allocated to units not owned b…

(1) Commencing not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available: (a) Property insurance on the common elements insuring against fire and extended coverage perils and su…

Unless otherwise provided in the declaration, any surplus funds of the association remaining after payment of or provision for common expenses and any prepayment of reserves may be paid to the unit owners in proportion to their common expense liabilities or credited to them to re…

(1) Until the association makes a common expense assessment, the declarant shall pay all common expenses. After any assessment has been made by the association, assessments shall be made at least annually and based on a budget adopted at least annually by the association. (2) Exc…

(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 ass…

(1) Except as provided in subsection (2) of this section, a judgment for money against the association, if recorded, shall not be a lien on the common elements but shall be a lien in favor of the judgment lienholder against all of the units in the condominium at the time the judg…

(1) The association shall keep financial records sufficiently detailed to enable the association to comply with KRS 381.9203 and, except for the statement of cash receipts and disbursements which shall be kept on a cash basis, all financial statements shall be prepared in accorda…

With respect to a third person dealing with the association in the association's capacity as a trustee: (1) The existence of trust powers and their proper exercise by the association may be assumed without inquiry; (2) A third person is not bound to inquire whether the associatio…

waiver by agreement -- Certificate not required in certain cases. (1) This section and KRS 381.9205 and 381.9207 apply to all units subject to KRS 381.9101 to 381.9207, except as provided in subsection (2) of this section or as modified or waived by agreement of purchasers of uni…

(1) Except as provided in KRS 381.9201(2), a seller of a unit shall furnish to a purchaser or purchaser's agent before execution of any contract for sale of a unit, or otherwise before conveyance, a copy of the declaration, other than the plats and plans, and a copy of the bylaws…

Before conveying real estate to the association, the declarant shall have that real estate released from all liens, the foreclosure of which would deprive unit owners of any right of access to or easement of support of their units.

(1) The declarant shall complete all improvements labeled "MUST BE BUILT" on plats or plans prepared pursuant to KRS 381.9141. (2) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the condominium, of any …

The purposes of KRS 381.935 to 381.945 are as follows: (1) To facilitate and require the demonstration of a clear understanding between the owners of surface and mineral estates in land concerning their respective rights to use and occupy or injure the surface of the land; (2) To…

For the purpose of KRS 381.940, "method" and "methods" mean underground, surface, auger, or open pit mining and nothing in KRS 381.940 shall be interpreted to adversely affect the use of modern equipment or machinery with respect to mining methods permitted under KRS 381.940.

In any instrument heretofore or hereafter executed purporting to sever the surface and mineral estates or to grant a mineral estate or to grant a right to extract minerals, which fails to state or describe in express and specific terms the method of coal extraction to be employed…

In any deed in which the minerals are severed from the surface, the present owners of the surface rights may enter into a written agreement directing how the surface shall be reclaimed, and how the property shall be left after the extraction of the minerals, and in compliance wit…

(1) Any officer who certifies an abstract in violation of KRS 381.240 or 381.250 shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense. In addition to such fine, the officer shall be liable personally and on his officia…

The owner may convey any interest in real property not in the adverse possession of another; but no estate of inheritance or freehold, or for a term of more than one (1) year, in real property shall be conveyed, except by deed or will.

Every deed of release shall be executed as deeds are executed and shall be as effectual for the purposes therein expressed, without the execution of a lease, as if a lease had been executed.

A covenant by a grantor in a deed, "that he will warrant the property hereby conveyed," or words of like import, or the words "with warranty," or "with general warranty," in any deed, have the same effect as if the grantor had covenanted that he, his heirs and personal representa…

A covenant by a grantor, "that he will warrant specially the property thereby conveyed," or words of like import, or the words "with special warranty," in any deed, have the same effect as if the grantor had covenanted that he, his heirs and personal representatives, would foreve…

When a patent is issued or a deed is made to a person who is dead at the issuing of the patent or the making of the deed, the heirs of such patentee or vendee shall take, hold and enjoy the title to the estate so patented or conveyed as if such patent had issued or deed had been …

When any real property is conveyed, and any part of the consideration remains unpaid, the grantor shall not have a lien for the unpaid consideration against bona fide creditors and purchasers unless the deed states what part of the consideration remains unpaid.

electronic document -- Electronic signature -- Powers and duties of county clerk. (1) If a law requires, as a condition for recording by the county clerk upon the records relating to real property, that a document be an original, be on paper or another tangible medium, or be in w…

Notice -- Exception for plats, maps, and surveys. (1) If a law requires that an instrument relating to real property within the Commonwealth, to be admitted to the public record and recorded, be an original, be on paper or another tangible medium, be in writing, or be signed, the…

Documents physically presented to a county clerk for recording during regular business hours shall be considered for immediate recording if requested by the party presenting the documents, except that the county clerk may refuse unreasonable requests. Documents delivered by all o…

agreement. (1) No deed conveying any title to or interest in real property, or lease of oil, gas, coal or mineral right and privilege, for a longer time than five (5) years, nor any agreement in consideration of marriage, shall be good against a purchaser for a valuable considera…

Any option or offer to sell real or other property, or any interest therein, when acknowledged or proven as deeds are required to be, may be recorded in the county in which the property is situated, in the same offices in which deeds are recorded, and in a separate book kept for …

Any contract for the sale of real property or any interest therein, when acknowledged or proven as deeds are required to be, may be recorded in the county in which the property is situated, in the same offices and books in which deeds are recorded, and the record of any such cont…