2012 Kentucky Revised Statutes CHAPTER 381 TITLE TO PROPERTY AND RESTRICTIONS ON USE, OWNERSHIP, AND ALIENATION 381.9103 Application and construction of KRS 381.9101 to 381.9207.
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381.9103 Application and construction of KRS 381.9101 to 381.9207.
(1)
(2)
(3)
(4)
(5)
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.
KRS 381.9109, 381.9111, 381.9113, 381.9129, 381.9131, 381.9167, 381.9169,
381.9183, 381.9193, 381.9197, 381.9201(2), and 381.9203, and KRS 381.9105 to
the extent necessary in construing any of these sections, apply to all condominiums
created before January 1, 2011, but only to the extent of events or circumstances
occurring after January 1, 2011, and do not invalidate existing provisions of the
declaration, bylaws, plats, or plans of those condominiums.
Unit owners of units to which one hundred percent (100%) of the votes in the
association are allocated, or such lesser percentage as stated in the declaration as
necessary to terminate the condominium, may elect that KRS 381.9101 to 381.9207
shall apply to a condominium created before the January 1, 2011. In such event the
declaration, bylaws, plats, or plans of the condominium shall be modified or
amended to the extent necessary to be consistent with KRS 381.9101 to 381.9207.
Notwithstanding any provision to the contrary set forth in the declaration, bylaws,
plats, or plans of a condominium created before January 1, 2011, the executive
board of the association shall have the right to rely on the provisions set forth in
KRS 381.9101 to 381.9207 to deal with any situation that presents a public safety or
public health issue to one (1) or more unit owners in the association.
KRS 381.805 to 381.910 shall not apply to condominiums created after January 1,
2011, and do not invalidate any amendment to the declaration, bylaws, plats, or
plans of any condominium created before January 1, 2011, if the amendment would
be permitted by KRS 381.9101 to 381.9207. The amendment shall be adopted in
conformity with the procedures and requirements specified by those instruments and
by KRS 381.805 to 381.910. If the amendment grants to any person any rights,
powers, or privileges permitted by KRS 381.9101 to 381.9207, all correlative
obligations, liabilities, and restrictions in KRS 381.9101 to 381.9207 shall also
apply to that person.
Effective: April 11, 2012
History: Amended 2012 Ky. Acts ch. 99, sec. 1, effective April 11, 2012. -- Created
2010 Ky. Acts ch. 97, sec. 2, effective January 1, 2011.
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