Kentucky Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees

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US-01120BG
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Description

A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. Either in the bylaws of the condominium association, the declaration of condominium filed in the land records of the county where the condominium is located, or in some other document, there will be an agreement among the unit owners regulating the administration and maintenance of the property, including payment of assessments by the owners.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Finally, is an HOA considered a local government? No?HOAs are not considered a local government entity. While they do hold some administrative functions for a community, such as collecting assessments and enforcing rules, they do not possess the authority granted to real government bodies.

In Texas, an HOA gets the authority to collect assessments and place a lien on your home primarily from its governing documents, such as the CC&Rs.

In Kentucky, there is no law that specifically regulates homeowners associations. But, homeowners associations that organize as nonprofit corporations must follow the Kentucky Nonprofit Corporation Act, found under K.R.S. 273.161 through 273.405.

If your home is part of a condominium owners' association (COA) or homeowners' association (HOA) in Kentucky and you fall behind in assessments: The COA or HOA can usually get a lien on your home if you become delinquent in paying the assessments. After you default on the assessments, the COA or HOA may foreclose.

If you would like assistance in resolving a consumer complaint, please complete our Online Consumer Complaint and Mediation Request Form, or print and mail a General Consumer Mediation Form (on the right sidebar of this page), or call the Consumer Protection Division at (502) 696-5389.

The state of Kentucky does not have a statute dedicated to homeowners' associations. However, most Kentucky homeowners' associations and condominium developments are organized as nonprofit corporations and subject to the authority of the Kentucky Secretary of State.

Because Kentucky is not a super lien state, a bank foreclosure will take priority over a community association's lien and does not require the lender to provide any compensation to the association for unpaid assessments.

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Kentucky Notice of Lien to a Condominium Unit Owner for Unpaid Assessment Fees