Eclipse manages community associations across a service area that runs from Dayton through Cincinnati and into Columbus, with a growing footprint in Northern Kentucky. When boards in Boone, Kenton, and Campbell counties evaluate management companies, one of the first questions worth asking is whether the firm actually understands Kentucky community association law. This post is a working overview of how Northern Kentucky associations are governed, what statutes apply, and what boards should expect from a manager that knows the ins and outs that impact their community.

The Four Statutes That Govern Northern Kentucky Communities

The Kentucky framework is layered, not unified. Depending on your community’s type and date of formation, as many as four different statutes apply to your operations:

1. The Kentucky Nonprofit Corporation Act (KRS 273.161–273.390)

This governs the corporate structure and procedure of nearly every Kentucky community association, because most are organized as nonprofit corporations. It controls director duties, member meeting requirements, voting procedures, and recordkeeping at the corporate level. It applies to HOAs and condo associations alike.

2. The Kentucky Horizontal Property Law (KRS 381.805–381.910)

Enacted in 1962, this is Kentucky’s original condominium statute. It governs condominium regimes created before January 1, 2011. Most of the established condo communities in Boone, Kenton, and Campbell counties fall under this statute. It addresses formation, common expenses, liens, insurance, and administration.

3. The Kentucky Condominium Act (KRS 381.9101–381.9207)

This modernized condominium framework took effect January 1, 2011 and governs condominiums created on or after that date. It includes more detailed provisions on board authority, assessment collection, resale certificates, and developer-to-owner transition. It did not repeal the Horizontal Property Law. The two statutes operate in parallel, with the applicable framework determined by when the project was recorded.

4. The Kentucky Planned Community Act (KRS 381.785–381.801)

This is the newest and most important development in Kentucky community association law. Signed as Senate Bill 120 and effective June 29, 2023, the Planned Community Act is Kentucky’s first statewide statutory framework for HOAs, meaning planned communities of single-family homes that are not condominiums.

Before this act, Kentucky had no comprehensive HOA statute. Planned communities were governed almost entirely by their recorded declarations, the Nonprofit Corporation Act, and Kentucky common law. The 2023 act changed that for new communities by establishing statutory rules on:

• Budgets — annual adoption requirements
• Assessments — calculation, collection, and procedural requirements
• Records access — homeowner rights to inspect association records
• Liens — procedures for placing and enforcing assessment liens
• Open meetings — board meeting transparency requirements
• Violation enforcement — written notice requirements identifying the specific covenant or rule alleged to be violated, with a reasonable opportunity to cure before fines may be imposed

There is one critical limitation: the Planned Community Act applies only to planned communities formed after June 29, 2023. HOAs that existed before that date are not covered by the statute and continue to operate under their declarations and the Nonprofit Corporation Act.

This creates a transitional framework in Northern Kentucky. New developments in Florence, Union, Burlington, and other growth corridors that have recorded their declarations since mid-2023 fall under the new act. Established HOAs do not.

What This Means for Northern Kentucky Boards

The practical effect of this layered framework is that boards in Northern Kentucky need to know three things about their community before any operational decision is made:

• What type of community is it? Condominium or planned community (HOA).
• When was the community recorded? This determines which statute primarily applies.
• How does the Nonprofit Corporation Act overlay on top? This applies in nearly every case.

A board that doesn’t know the answer to all three is making decisions on incomplete information. A manager who doesn’t know the answers for the communities they manage is operating in the dark. Beyond identifying the right statute, there are operational consequences that flow from the framework:

The declaration carries more weight in Kentucky than in Ohio. Because Ohio has a comprehensive HOA statute (ORC 5312) that fills gaps in declarations, an Ohio board has statutory defaults to fall back on when the governing documents are silent. In Kentucky, particularly for pre-2023 HOAs, the declaration is often the only source of authority. If it’s silent, the board may not have authority at all.

Assessment collection procedures vary by community type and date. Condominium liens under the Horizontal Property Law follow one set of rules. Condominium liens under the Kentucky Condominium Act follow another. HOA liens under the Planned Community Act follow a third set. A manager who defaults to a single collection procedure will encounter difficulty if they do not understand the nuance of each of them.

Violation enforcement requires specific notice content. For planned communities formed after June 29, 2023, the Planned Community Act mandates written notice identifying the specific covenant or rule allegedly violated, with a reasonable opportunity to cure. A vague letter does not satisfy proper notice. Older HOAs in the same market may operate under different notice rules drawn from their declarations.

Records access expectations differ. The 2023 act creates statutory homeowner rights to inspect financial records and other association documents for covered HOAs. Older HOAs may have different requirements based on their declarations and the Nonprofit Corporation Act.

What Northern Kentucky Boards Should Expect from a Manager

Given the statutory landscape, there are specific things a Northern Kentucky community should expect from any management company under consideration:

Statute identification. Your manager should be able to tell you, without hesitation, which statutes apply to your community. Condominium regime, planned community, formation date, applicable lien provisions, applicable notice requirements. If they can’t, they don’t know the framework well enough.

Document-first analysis. Because the declaration carries so much weight in Kentucky, any management engagement should begin with a thorough read of the governing documents. Eclipse routinely produces what we call a “Covenants Made Easy” summary — a plain-language reference document that translates the declaration into a working operations manual for the board.

Tailored procedures by community type. A management firm that uses the same lien procedure, the same violation notice template, and the same records request workflow for every Kentucky client is going to get it wrong for at least some of them. The procedures need to match the statute that governs the specific community.

Local counsel relationships. Kentucky community association law is a specialty practice. Your manager should have established relationships with attorneys who actually practice in this area, not just general practice attorneys. The same applies to local insurance agents, who price and structure coverage based on statutory requirements.

Awareness of the 2023 act for new communities. Any planned community formed after June 29, 2023 is operating under a framework that didn’t exist three years ago. A manager taking on a new client in this category needs to know what changed and how it affects day-to-day operations.

What Makes Northern Kentucky Different on the Ground

Beyond the statutes, Northern Kentucky community associations face an operating environment that has its own character:

• Strong new-construction growth in Boone County. Residential development in Florence, Union, Burlington, and Hebron has created a steady stream of new HOAs and condo projects, many of which fall under the modern Kentucky Condominium Act or the 2023 Planned Community Act.
• Established communities in Kenton County. Older condo developments in Fort Mitchell, Crescent Springs, Edgewood, and Independence are largely governed by the 1962 Horizontal Property Law, with all the document-interpretation complexity that creates.
• Mixed-character development in Campbell County. Newport, Bellevue, and Fort Thomas include both legacy and modern condo projects, with riverfront and historic-district overlays that add additional regulatory layers.

What Boards Should Do Next

Three practical steps for any Northern Kentucky board, whether or not you’re currently considering a management change:

• Identify your community’s type and recording date. Anything before January 1, 2011 with a condominium designation falls primarily under the Horizontal Property Law. Newer condominiums fall under the Kentucky Condominium Act. Planned communities (HOAs) formed after June 29, 2023 are covered by the Planned Community Act. Older HOAs are not.
• Pull the most recent declaration amendment. If your governing documents haven’t been amended in 20 years, there’s a strong chance they’re missing provisions a modern board needs, particularly for legacy HOAs that pre-date the 2023 act.
• Ask your current manager which Kentucky statutes apply to your community. If you don’t get a confident, specific answer, that’s diagnostic.

If you’d like Eclipse to walk through your community’s governing documents, identify gaps, and explain how Kentucky law applies to your specific situation, reach out to us here. We work with associations throughout Boone, Kenton, and Campbell counties and would be glad to start with a no-obligation document review.

This article is informational and is not legal advice. Boards facing specific governance, collection, or compliance questions should consult with a Kentucky-licensed attorney who practices community association law. Eclipse is happy to provide referrals.