Download as PDF
381.9161 Master associations.
(1)
(2)
(3)
(4)
(5)
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 condominiums or for the benefit of
the unit owners of one (1) or more condominiums, all provisions of KRS
381.9101 to 381.9207 applicable to unit owners' associations apply to any such
corporation or unincorporated association, except as modified by this section.
Unless a master association is acting in the capacity of an association
described in KRS 381.9165, it may exercise the powers set forth in KRS
381.9167(1)(b) only to the extent expressly permitted in the declarations of
condominiums which are part of the master association or expressly described
in the delegations of power from those condominiums to the master
association.
If the declaration of any condominium provides that the executive board may
delegate certain powers to a master association, the members of the executive
board have no liability for the acts or omissions of the master association with
respect to those powers following delegation.
The rights and responsibilities of unit owners with respect to the unit owners'
association set forth in KRS 381.9169, 381.9177, 381.9179, 381.9181, and
381.9185 apply in the conduct of the affairs of a master association only to
those persons who elect the board of a master association, whether or not
those persons are otherwise unit owners within the meaning of KRS 381.9101
to 381.9207.
Notwithstanding the provisions of KRS 381.9169(6) with respect to the election
of the executive board of an association by all unit owners after the period of
declarant control ends and even if a master association is also an association
described in KRS 381.9165, the certificate of incorporation or other instrument
creating the master association and the declaration of each condominium the
powers of which are assigned by the declaration or delegated to the master
association may provide that the executive board of the master association
shall be elected after the period of declarant control in any of the following
ways:
(a) All unit owners of all condominiums subject to the master association may
elect all members of that executive board;
(b) All members of the executive boards of all condominiums subject to the
master association may elect all members of that executive board;
(c) All unit owners of each condominium subject to the master association
may elect specified members of that executive board; or
(d) All members of the executive board of each condominium subject to the
master association may elect specified members of that executive board.
Effective:January 1, 2011
History: Created 2010 Ky. Acts ch. 97, sec. 31, effective January 1, 2011.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.