{"data":{"id":"us-ky/krs-381.9167","jurisdiction":"us-ky","citation":"KRS 381.9167","heading":"Powers of unit owners' association -- Emergency assessments.","body":"(1) Except as provided in subsection (2) of this section and subject to the provisions of\nthe declaration, the association, even if unincorporated, may:\n(a) Adopt and amend bylaws, rules, and regulations;\n(b) Adopt and amend budgets for revenues, expenditures,  and reserves, and\ncollect assessments for common expenses from unit owners;\n(c) Hire and discharge managers and other employees, agents, and independent\ncontractors;\n(d) Institute, defend, or intervene in litigation or administrative proceedings in its\nown name on behalf of itself or two (2) or more unit owners on matters\naffecting the condominium;\n(e) Make contracts and incur liabilities;\n(f) Regulate the use, maintenance, repair, replacement, and modification of\ncommon elements, and authorize access to any unit for those purposes;\n(g) Cause additional improvements to be made as a part of the common elements;\n(h) Acquire, hold, encumber, and convey in its own name any right, title, or\ninterest to real or personal property, except that common elements may o nly\nbe conveyed or subjected to a lien or security interest as provided in KRS\n381.9185;\n(i) Grant easements, leases, licenses, and concessions through or over the\ncommon elements;\n(j) Impose and receive payments, fees, or charges:\n1. For the use, rental, or operation of the common elements other than\nlimited common elements described in KRS 381.9127(2), (4), and (6);\n2. For services provided to unit owners; and\n3. To cover emergency or extraordinary circumstances affecting the\ncondominium or any part thereof;\n(k) Impose charges for late payment of assessments and, after notice and an\nopportunity to be heard, levy reasonable fines for violations of the declaration,\nbylaws, and rules and regulations of the association that may include\nreimbursement to the association of reasonable fees and costs, including\nattorney fees, associated with the enforcement of this paragraph;\n(l) Impose reasonable charges for the preparation and recordation of amendments\nto the declaration, certificates required by KRS 381.9203, or statements of\nunpaid assessments, except that:\n1. Any fee imposed for the preparation of a certificate shall not exceed the\nlesser of two hundred twenty-five dollars ($225) or eighty percent (80%)\nof the current monthly assessment fee charged that unit by the\nassociation; and\n2. No more than fifty dollars ($50) shall be charged to update a previous\ncertificate issued in the same fiscal year of the association;\n(m) Provide for the indemnification of its officers and executive board and\nmaintain directors' and officers' liability insurance;\n(n) Assign its right to future income, including the right to receive common\nexpense assessments, for the purpose of securing fin ancial accommodations\nobtained by the association to perform its duties and obligations under the\ndeclaration or KRS 381.9101 to 381.9207;\n(o) Exercise any other powers conferred by the declaration or bylaws;\n(p) Exercise all other powers that may be exerc ised in this Commonwealth by\nlegal entities of the same type as the association; and\n(q) Exercise any other powers necessary and proper for the governance and\noperation of the association.\n(2) The declaration shall not impose limitations on the power of th e association to deal\nwith the declarant that are more restrictive than the limitations imposed on the\npower of the association to deal with other persons.\n(3) Notwithstanding the declaration, an association may impose an emergency\nassessment against any unit affected to:\n(a) Comply with a judicial order; or\n(b) Repair an emergency condition of any common structural, utility, or\nmechanical component which has made, or is in imminent danger of making,\nany unit, common element, or limited common element unsaf e, uninhabitable,\nor uninsurable, provided the association is first provided an opinion affixed\nwith a professional seal from a professional engineer or licensed architect\nstating the emergency condition.\n(4) The emergency assessment provided for in subsec tion (3) of this section shall be\nmade upon the vote of:\n(a) A simple majority of unit owners present at a special called meeting. If the\ndeclaration does not provide for special meetings, one (1) may be called under\nthis subsection to address the issues identified in subsection (3) of this section;\nor\n(b) Seventy-five percent (75%) of the members of the association's executive\nboard.\nAny emergency assessment made under this subsection may be reduced or\nrescinded by a vote of a simple majority of total unit owners at a special meeting.","path":["KRS Chapter 381"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40011","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:12Z","sha256":"6ad75d80db81d8c68cad842df2040e8d3b1a9429c21942ecd0c8b0ff1fcea919","source_id":"us-ky","stale":false,"prev":"us-ky/krs-381.9165","next":"us-ky/krs-381.9169"},"notice":"GroundRules: Original legal text. Not legal advice."}