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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (Planned Community Act)
Kentucky's Planned Community Act, enacted in 2023, applies to many lot-based HOAs (KRS 381.785 to 381.801). Unless the declaration provides otherwise, the Act generally lets owners amend the declaration with the consent of 80% of all lot owners, given in writing or at a special meeting called for that purpose (KRS 381.791). An amendment generally is not effective until it is filed with the county clerk, and your recorded declaration's own amendment terms may control.
Condominiums (Condominium Act)
Condominiums created on or after January 1, 2011 generally fall under the Kentucky Condominium Act (KRS 381.9101 to 381.9207), while older horizontal-property regimes are largely governed by KRS 381.805 to 381.910 plus their own documents. The Act generally allows the declaration to be amended by owners holding at least 67% of association votes, or any larger majority the declaration specifies (KRS 381.9155). Certain changes, such as altering unit boundaries, allocated interests, or use restrictions, generally require unanimous or affected-owner consent.
How the vote can run
Kentucky statutes do not squarely authorize electronic balloting for HOAs or condominiums, so whether online voting is permitted generally depends on your governing documents; condominium owners may generally vote by proxy (KRS 381.9181), and planned-community amendments may be done in writing or at a special meeting. Most associations are nonprofit corporations under KRS Chapter 273, which can supply default meeting, notice, and written-consent mechanics where the documents are silent. Ballot secrecy is generally a matter of your bylaws rather than statute, and we can run a written or hybrid ballot with verified eligibility and a clean audit trail.
Before we quote
Kentucky details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Kentucky vote has to answer.
Two different statutes can apply: the Planned Community Act (KRS 381.785 to 381.801) for lot-based HOAs and the Kentucky Condominium Act (KRS 381.9101 to 381.9207) for condominiums.
Planned communities: the default to amend the declaration is generally 80% of all lot owners unless the declaration sets another figure (KRS 381.791).
Condominiums: the default to amend is generally at least 67% of association votes, or any larger majority the declaration requires (KRS 381.9155).
Your recorded declaration generally controls; it may set a higher threshold or its own procedure, so the exact number for your community comes from your documents.
Some condominium changes (unit boundaries, allocated interests, number of units, certain use restrictions, or new declarant rights) generally need unanimous or affected-owner consent (KRS 381.9155).
Amendments generally take effect only when recorded, with the county clerk for planned communities (KRS 381.791) and on recordation for condominiums (KRS 381.9155).
Electronic voting is not specifically authorized by Kentucky statute; proxies are generally allowed for condominiums (KRS 381.9181), and many mechanics come from the Nonprofit Corporation Act (KRS Chapter 273).
Notice timing and quorum often come from your bylaws; the Condominium Act sets a default meeting-notice window of roughly 10 to 60 days (KRS 381.9177).
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