Yes, a Kentucky association can put a lien on your home over unpaid dues, and pursue collection on it, even if your mortgage is current. For planned communities, KRS § 381.799 gives the association a continuing lien on your lot for any unpaid assessment, special assessment, or charge under KRS § 381.797, plus related interest, fines, administrative late fees, enforcement assessments, collection costs, and attorney fees, once any portion has gone unpaid for thirty days. That lien is valid until released or satisfied the way a mortgage would be, and it outranks most other claims except real estate tax and government-charge liens, and any mortgage or lien recorded before the association's own lien was recorded.
For condos, KRS § 381.9193 works differently in a few important ways. The association's lien attaches to your unit for any assessment or fine from the moment it becomes due, and recording the declaration itself counts as record notice and perfection of that lien, no separate lien filing is required. The lien "may be foreclosed in like manner as a mortgage on real estate," and it takes priority over everything except liens recorded before the declaration, a mortgage recorded before your assessment became delinquent, and real estate tax or other government liens. If two associations both have liens on the same property, they share equal priority unless the declaration says otherwise.
The lien clock: five years for condos, no stated limit for HOAs
Here's a real, notable gap worth knowing before you assume anything: KRS § 381.9193(5) extinguishes a condo association's lien for unpaid assessments if it doesn't institute enforcement proceedings within five years after the full amount becomes due. The Planned Community Act's continuing-lien section, KRS § 381.799, doesn't contain an equivalent expiration provision. Don't assume an old HOA lien has quietly lapsed the way a stale condo lien would; the statute simply doesn't say it does. Condo owners get one more concrete tool the HOA statute doesn't spell out: under KRS § 381.9193(8), you can submit a written request for a recordable statement of what you owe, and the association must deliver it within ten business days, binding on the association, the board, and every unit owner.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
KRS § 381.799
Establishes the planned-community continuing lien for unpaid assessments, fines, and charges, its validity, and its priority against tax liens and prior-recorded encumbrances.
KRS § 381.9193
Establishes the condo association's lien for unpaid assessments and fines, foreclosable like a mortgage, its priority, a five-year lien-lapse rule, and a ten-business-day payoff-statement right.
KRS § 381.797
Defines the assessment components (common expense liability, fines, damage costs, enforcement costs) that feed into the HOA lien under § 381.799.
Step by step
How to respond to a Kentucky HOA or condo lien notice
Steps to take the moment you receive a lien notice or payment demand over unpaid assessments or fines in Kentucky.
- 01
Identify which act and which lien section applies
Confirm whether you're under the planned-community lien (KRS § 381.799) or the condo lien (KRS § 381.9193). The mechanics, priority rules, and available tools differ between the two.
- 02
Get an itemized ledger
Request a written accounting that separates true assessments from fines, late fees, interest, enforcement costs, and attorney fees. Both lien sections sweep in more than just your regular dues.
- 03
Condo owners: request the ten-business-day payoff statement
Submit a written request for a recordable statement of amounts owed under KRS § 381.9193(8). The association must respond within ten business days, and the statement binds the association and every owner.
- 04
Check the lien's age and recording date
Condo owners: confirm the lien hasn't gone stale under the five-year rule in § 381.9193(5). HOA owners: check when the lien was actually recorded against your lot, since that date affects its priority against later mortgages.
- 05
Get a Kentucky attorney before a foreclosure action proceeds
Because a condo lien can be foreclosed like a mortgage, and an HOA lien carries real priority over your home, talk to a licensed Kentucky attorney while you still have time to respond to any notice or filed action.
Straight answers
Common questions
Can a Kentucky HOA or condo association really foreclose on my home?
Yes. KRS § 381.799 gives planned communities a continuing lien for unpaid assessments and charges, and KRS § 381.9193 lets a condo association foreclose its lien for unpaid assessments or fines in like manner as a mortgage.
Can they lien my property if my mortgage is current?
Yes. The association's lien is separate from your mortgage. Under both KRS § 381.799 and KRS § 381.9193, the lien attaches based on unpaid assessments, fines, or charges regardless of your mortgage status.
Does the lien ever expire if the association just sits on it?
For condos, yes: KRS § 381.9193(5) extinguishes the lien for unpaid assessments if the association doesn't institute proceedings within five years. The Planned Community Act's lien section, KRS § 381.799, doesn't contain an equivalent time limit, so don't assume an old HOA lien has lapsed the same way.
How fast does a condo association have to tell me what I owe?
Ten business days. Under KRS § 381.9193(8), a written request for a recordable statement of unpaid assessments must be answered within that window, and the statement is binding on the association, the board, and every unit owner.