Kentucky HOA Law Changes 2021–2025: What Every Board Needs to Know

<h2>Overview of Kentucky HOA Law Changes 2021–2025</h2>

<p>Kentucky community associations are governed by the Kentucky Horizontal Property Act (KRS Ch. 381) for condominiums and the Kentucky Common Interest Communities Act for planned communities. Between 2021 and 2025, Kentucky enacted significant updates — electronic meeting and notice authority, solar energy device rights, mandatory reserve studies, assessment collections reform, fine caps, and EV charging protections. Here is a session-by-session breakdown.</p>

<h2>2021 Legislative Session</h2>

<h3>HB 326 — Electronic Meeting and Notice Authority</h3>

<p>HB 326 amended Kentucky HOA and condominium statutes to authorize electronic notice delivery and remote meeting participation by video or telephone conference. Boards may hold fully electronic meetings provided all participants can hear each other simultaneously and a quorum participates. The amendment is permanent and is not conditioned on any emergency declaration — boards that reverted to in-person-only meetings after the pandemic lifted can return to electronic or hybrid formats without further board action. Members who have not provided electronic addresses must continue to receive paper notices.</p>

<h3>SB 182 — Solar Energy Device Protection</h3>

<p>SB 182 added KRS § 381.9205, prohibiting Kentucky homeowners associations from adopting or enforcing any restriction that prohibits or has the effect of prohibiting the installation of solar energy systems. Reasonable aesthetic placement standards that do not materially increase installation cost or reduce energy output by more than 10% are permitted — associations may, for example, require rear-facing panel placement on homes where rear-facing installation achieves at least 90% of maximum output. Any existing CC&amp;R provision that amounts to an outright solar ban is void. Boards should audit governing documents and adopt compliant solar installation guidelines before the next member requests approval.</p>

<h2>2023 Legislative Session</h2>

<h3>HB 463 — Condominium Reserve Fund Requirements</h3>

<p>HB 463 required Kentucky condominium associations to conduct a reserve study within 2 years of the act's effective date and update the study every 5 years thereafter. The reserve study must estimate the remaining useful life and replacement cost of all major common elements — including roofing, HVAC systems, elevators, parking surfaces, pool equipment, and similar capital components. Annual reserve contributions must be disclosed in the budget summary provided to unit owners, and the board must adopt a reserve funding plan consistent with the study's recommendations. This is the most significant capital planning requirement ever enacted for Kentucky condominium associations. Boards that have never conducted a professional reserve study must engage a qualified reserve analyst promptly.</p>

<h3>SB 204 — Assessment Lien and Collections Reform</h3>

<p>SB 204 established a two-step notice requirement for Kentucky condominium association assessment collection. First, a notice of delinquency must be sent by first class mail within 30 days of the assessment becoming past due — identifying the amount owed and the due date. Second, a pre-lien notice must be sent by certified mail at least 30 days before filing a lien. Attorney fees may not be added to the delinquency until after the certified mail notice period expires without payment. This two-step framework gives Kentucky condo owners a meaningful opportunity to cure delinquencies before costs escalate significantly. Boards should update their collections workflows and management agreements to implement both notice steps.</p>

<h2>2025 Legislative Session</h2>

<h3>HB 177 — HOA Fine Caps and Enforcement Policy</h3>

<p>HB 177 established a maximum fine of $100 per violation per day and a cumulative cap of $2,000 per violation incident for Kentucky homeowners associations. Required all Kentucky HOAs that levy fines to adopt a written fine and enforcement policy specifying the violation categories subject to fines, the fine amounts, and member hearing rights. The policy must be published on the association's website if one is maintained, and a copy must be provided to members annually with the budget disclosure. Boards that have been assessing fines without a written policy, or imposing fines above these caps, must immediately update their enforcement procedures and governing documents if necessary.</p>

<h3>SB 331 — EV Charging Station Rights</h3>

<p>SB 331 prohibited Kentucky homeowners associations and condominium associations from adopting or enforcing restrictions that prohibit the installation of EV charging equipment in an owner's assigned parking space or garage. Associations may require prior written board approval — which must be granted or denied within 60 days of a complete application — require that installation be performed by a licensed electrician, and require that owners maintain and insure their charging equipment. Denial of a properly submitted installation request without documented structural or safety cause is a violation of Kentucky law. Boards should adopt a written EV charging installation policy that establishes the application process, review timeline, and installation standards.</p>

<h2>Board Action Checklist</h2>

<ul>

<li>Adopt or update electronic meeting and notice policy — authorize video conference and email delivery</li>

<li>Audit CC&amp;Rs for solar installation restrictions — repeal any outright bans under KRS § 381.9205</li>

<li>Commission a reserve study within 2 years of the HB 463 effective date (condominium associations)</li>

<li>Update collections policy to implement the two-step (first class mail + certified mail) pre-lien notice requirement</li>

<li>Adopt a written fine and enforcement policy with maximum $100/day and $2,000 cumulative per violation</li>

<li>Adopt a written EV charging installation policy with a 60-day approval timeline</li>

</ul>

<h2>How APM Helps Kentucky HOA Boards Stay Compliant</h2>

<p>APM's remote HOA management service monitors Kentucky HOA and condominium law updates and ensures client boards remain compliant with reserve study, collections, fine, and EV charging policy requirements. <a href="/remote-hoa-management/kentucky">Learn about our Kentucky remote management services</a>.</p>

<p><em>Legal disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed Kentucky attorney for guidance specific to your community.</em></p>