{"data":{"id":"us-ky/krs-381.803","jurisdiction":"us-ky","citation":"KRS 381.803","heading":"Definitions for section -- Failure to maintain infrastructure or common","body":"area -- Petition by city to appoint receiver -- Authority of receiver -- City may\nseek reimbursement for costs to repair or maintain infrastructure or common\narea from receiver.\n(1) As used in this section:\n(a) \"City\" means any city, consolidated local government, urban -county\ngovernment, or unified local government; and\n(b) \"Planned community\" means a group of residential dwellings, excluding\ncondominiums, composed of ind ividual lots for which a deed, common plan,\nor other legal document requires that:\n1. All owners within the group become members of a homeowners'\nassociation;\n2. Owners, or the homeowners' association, hold or lease property or\nfacilities for the benefit of all owners within the group; or\n3. Owners support by membership fees property or facilities for all owners\nwithin the group to use.\n(2) If a planned community, whether active or inactive, fails to maintain any\ninfrastructure, common area, storm water det ention or retention area, or other\nfacility that it is legally obligated to maintain, any city in which the planned\ncommunity is located may petition the Circuit Court of the jurisdiction in which the\ncity lies for the appointment of a receiver to manage t he affairs of the homeowners'\nassociation. The city shall serve notice of the filing of the petition on the governing\nauthority of the planned community and each owner within the planned community.\nIf the petition by a city for the appointment of a receive r is successful, the city\nseeking the appointment of a receiver shall be entitled to reimbursement of all costs,\nfees, and reasonable attorney's fees, as approved by the court.\n(3) The receiver appointed pursuant to subsection (2) of this section shall hav e all the\nauthority granted to the governing authority of the planned community by its\ngoverning documents, including the ability to impose and collect fees as authorized\nby, and in conformance with, its governing documents, and to contract for the\nongoing renovation, maintenance, and upkeep of the legally obligated\ninfrastructure, common areas, storm water detention or retention areas, or other\nfacilities. The receiver shall be entitled to recover reasonable costs and fees for\nservices as approved by the court.\n(4) If any city is required to expend funds to repair, renovate, maintain, or correct code\nviolations of the infrastructure, common areas, storm water detention or retention\nareas, or other facilities for which the homeowners' association is legally\nresponsible, the city may seek reimbursement for those costs from the receiver.","path":["KRS Chapter 381"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55122","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:11Z","sha256":"f1d486be83d2ea2d5d507beab067e4e70f8cd93768cd92431a1e745df6b1dfc0","source_id":"us-ky","stale":false,"prev":"us-ky/krs-381.801","next":"us-ky/krs-381.805"},"notice":"GroundRules: Original legal text. Not legal advice."}