{"data":{"id":"us-ky/krs-381.9169","jurisdiction":"us-ky","citation":"KRS 381.9169","heading":"Executive board members and officers.","body":"(1) Except as provided in the declaration, the bylaws, or subsection (2) of this section,\nthe executive board may act in all instances on behalf of the association. In the\nperformance of their duties, the officers and members of the executive board shall\nact in accordance with KRS 381.9170.\n(2) The executive board shall not act on behalf of the association to amend the\ndeclaration, to terminate the condominium, or to elect members of the executive\nboard or determine the qualifications, powers, and duties, or te rms of office of\nexecutive board members, but the executive board may fill vacancies in its\nmembership for the unexpired portion of any term.\n(3) If the executive board adopts a budget for the condominium, the board shall:\n(a) Provide a summary of the budg et to all unit owners within thirty (30) days\nafter the adoption; and\n(b) If the adopted budget contains an increase of greater than fifteen percent\n(15%) from the previous year's budget, set a date for a meeting of the unit\nowners to consider ratification  of the budget, which meeting shall not be less\nthan fourteen (14) days nor more than thirty (30) days after providing the\nsummary. The budget shall be deemed ratified, whether or not a quorum is\npresent, unless at that meeting a majority of all the unit o wners, or any larger\nvote specified in the declaration, reject the budget. If the budget is rejected,\nthe periodic budget last ratified by the unit owners shall be continued until\nsuch time as a subsequent budget is adopted by the executive board in\nconformity with this subsection.\n(4) Except as provided in subsection (5) of this section, the declaration may provide for\na period of declarant control of the association, during which period a declarant, or\npersons designated by him or her, may appoint and rem ove the officers and\nmembers of the executive board. Regardless of the period provided in the\ndeclaration, a period of declarant control terminates no later than the earlier of:\n(a) Sixty (60) days after conveyance of seventy -five percent (75%) of the unit s\nwhich may be created to unit owners other than a declarant;\n(b) Two (2) years after all declarants have ceased to offer units for sale in the\nordinary course of business;\n(c) Two (2) years after any development right to add new units was last exercised;\nor\n(d) Seven (7) years after the first unit was conveyed to a unit owner other than a\ndeclarant.\nA declarant may voluntarily surrender the right to appoint and remove officers and\nmembers of the executive board before termination of that period, but in th at event\nhe or she may require, for the duration of the period of declarant control, that\nspecified actions of the association or executive board, as described in a recorded\ninstrument executed by the declarant, be approved by the declarant before they\nbecome effective.\n(5) Not later than sixty (60) days after conveyance of twenty -five percent (25%) of the\nunits which may be created to unit owners other than a declarant, at least one (1)\nmember and not less than twenty -five percent (25%) of the members of t he\nexecutive board shall be elected by unit owners other than the declarant. Not later\nthan sixty (60) days after conveyance of fifty percent (50%) of the units which may\nbe created to unit owners other than a declarant, not less than thirty -three and one-\nthird percent (33 -1/3%) of the members of the executive board shall be elected by\nunit owners other than the declarant.\n(6) Not later than the termination of any period of declarant control, the unit owners\nshall elect an executive board of at least three (3) members, a majority of whom\nshall be unit owners or owners of equity interests in units. The executive board shall\nelect the officers. The executive board members and officers shall take office upon\nelection.\n(7) Any provision of the declaration or bylaws to the contrary notwithstanding, the unit\nowners, by a two -thirds (2/3) vote of all persons present and entitled to vote at any\nmeeting of the unit owners at which a quorum is present, may remove any member\nof the executive board with or without cause,  other than a member appointed by the\ndeclarant.","path":["KRS Chapter 381"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40012","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:12Z","sha256":"ad5a95a7bc3487700ce4abb0300393a22f87cfd8bc30d5c2bb356e23be78a820","source_id":"us-ky","stale":false,"prev":"us-ky/krs-381.9167","next":"us-ky/krs-381.9170"},"notice":"GroundRules: Original legal text. Not legal advice."}