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Kentucky · Snapshot 09/05/2026

KRS 381.9133: Contents of declaration.

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Where this section sits in the code
  1. KRS Chapter 381

(1) The declaration for a condominium shall contain:

(a) The name of the condominium which shall include the word "condominium"

or be followed by the words "a condominium," and the association;

(b) The name of every county in which any part of the condominium is situated;

(c) A legally sufficient description of the real estate included in the

condominium;

(d) A statement of the maximum number of units which the declarant reserves the

right to create;

(e) A description of the boundaries of each unit created by t he declaration,

including the unit's identifying number;

(f) A description of any limited common elements as provided in KRS

381.9141(2)(h), except for those limited common elements specified in KRS

381.9127(2), (4), and (6);

(g) A description of any real estate, except real estate subject to development

rights, which may be allocated subsequently as limited common elements,

other than limited common elements specified in KRS 381.9127(2), (4), and

(6), together with a statement that they may be so allocated;

(h) A description of any development rights and other special declarant rights

reserved by the declarant, together with a legally sufficient description of the

real estate to which each of those rights applies, and a time limit within which

each of those rights must be exercised;

(i) If any development right may be exercised with respect to different parcels of

real estate at different times, a statement to that effect together with:

1. a. A statement fixing the boundaries of those portions and identifying

the proposed order in which those portions may be subjected to the

exercise of each development right; or

b. A statement that no assurances are made concerning the

boundaries or order in which the exercise of development rights

may occur; and

2. A statement as to whether, if any development right is exercised in any

portion of the real estate subject to that development right, that

development right must be exercised in all or in any other portion of the

remainder of that real estate;

(j) Any othe r conditions or limitations under which the rights described in

paragraph (i) of this subsection may be exercised or will lapse;

(k) An allocation to each unit of the allocated interests in the manner described in

KRS 381.9137;

(l) Any restrictions on use, occupancy, and alienation of the units;

(m) The recording data for recorded easements and licenses appurtenant to or

included in the condominium or to which any portion of the condominium is

or may become subject by virtue of a reservation in the declaration; and

(n) All matters required by KRS 381.9135, 381.9137, 381.9139, 381.9141,

381.9153, and 381.9169(4).

(2) The declaration may contain any other matters the declarant deems appropriate.

Collected 2026-09-05T20:59:11Z. Source file · JSON

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