2025 Kentucky Revised Statutes Chapter 381 - Title to property and restrictions on use, ownership, and alienation 381.803 Definitions for section -- Failure to maintain infrastructure or common area -- Petition by city to appoint receiver -- Authority of receiver -- City may seek reimbursement for costs to repair or maintain infrastructure or common area from receiver.
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KY Rev Stat § 381.803 (2025)
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381.803 Definitions for section -- Failure to maintain infrastructure or common
area -- Petition by city to appoint receiver -- Authority of receiver -- City may
seek reimbursement for costs to repair or maintain infrastructure or common
area from receiver.
(1)
(2)
(3)
(4)
As used in this section:
(a) "City" means any city, consolidated local government, urban-county
government, or unified local government; and
(b) "Planned community" means a group of residential dwellings, excluding
condominiums, composed of individual lots for which a deed, common plan,
or other legal document requires that:
1.
All owners within the group become members of a homeowners'
association;
2.
Owners, or the homeowners' association, hold or lease property or
facilities for the benefit of all owners within the group; or
3.
Owners support by membership fees property or facilities for all owners
within the group to use.
If a planned community, whether active or inactive, fails to maintain any
infrastructure, common area, storm water detention or retention area, or other
facility that it is legally obligated to maintain, any city in which the planned
community is located may petition the Circuit Court of the jurisdiction in which the
city lies for the appointment of a receiver to manage the affairs of the homeowners'
association. The city shall serve notice of the filing of the petition on the governing
authority of the planned community and each owner within the planned community.
If the petition by a city for the appointment of a receiver is successful, the city
seeking the appointment of a receiver shall be entitled to reimbursement of all costs,
fees, and reasonable attorney's fees, as approved by the court.
The receiver appointed pursuant to subsection (2) of this section shall have all the
authority granted to the governing authority of the planned community by its
governing documents, including the ability to impose and collect fees as authorized
by, and in conformance with, its governing documents, and to contract for the
ongoing renovation, maintenance, and upkeep of the legally obligated
infrastructure, common areas, storm water detention or retention areas, or other
facilities. The receiver shall be entitled to recover reasonable costs and fees for
services as approved by the court.
If any city is required to expend funds to repair, renovate, maintain, or correct code
violations of the infrastructure, common areas, storm water detention or retention
areas, or other facilities for which the homeowners' association is legally
responsible, the city may seek reimbursement for those costs from the receiver.
Effective: July 15, 2024
History: Created 2024 Ky. Acts ch. 150, sec. 1, effective July 15, 2024.
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