KRS § 381.785 — KY Code / Title XXXII / Chapter 381 / Section 381.785
381.785 Definitions for KRS 381.785 to 381.801
Status: in_force

381.785 Definitions for KRS 381.785 to 381.801.

As used in KRS 381.785 to 381.801:

(1) "Assessment" means the liability for an expense that is allocated to a lot in a

planned community in accordance with governing documents;

(2) "Association" means a nonprofit corporation or unincorporated organization that is

composed of lot owners in a planned community that is responsible for the

administrative governance, maintenance, and upkeep of the planned community;

(3) "Board" means the executive body of an association, regardless of name, designated

in the declaration or bylaws to act on behalf of an association;

(4) "Bylaws" means a document adopted by the association for the regulation or

management of the affairs of the association;

(5) "Common area" means property, including any facilities and amenities, within a

planned community that is designated as a public space and is owned, leased, or

required by the declaration to be maintained or operated by an association;

(6) "Declarant" means any person or entity, and their successors and assigns, that:

(a) Executes and files a declaration encumbering real property; or

(b) Authorizes real property to be governed by a declaration, as part of the

establishment or maintenance of a planned community;

(7) "Declarant control period" means the period of time in which the declarant controls

the association by appointing or removing the members of the association's board of

directors and manages the association;

(8) "Declaration" means any instrument, however denominated, including but not

limited to covenants, conditions, or restrictions, and any amendment or supplement

thereto, recorded among the land records of the county or counties in which a

planned community or any part thereof is located, that either:

(a) Imposes restrictions, covenants, conditions, or maintenance or operational

responsibilities for any common area on an association; or

(b) Conveys the authority of an association to impose on lots, or on the lot owners

or occupants, or on any other entity, an assessment in connection with the

provision of maintenance or services for the benefit of some or all of the lots

or the common area;

(9) "Governing documents" means the articles of incorporation, bylaws, plat,

declaration of covenants, conditions and restrictions, rules, regulations, policies,

and guidelines of an association, or other written instrument granting the

association the authority to manage, maintain, or otherwise affect the property

under its jurisdiction;

(10) "Lot" means any plot or parcel of real property designated for separate ownership or

occupancy and is either shown on a recorded subdivision plat for a planned

community or the boundaries are described in the declaration;

(11) "Owner" means a declarant or other person who owns a lot in a planned community

but does not include any person that has an interest in a lot solely as security for an

obligation;

(12) "Person" means a natural person, corporation, business trust, estate, trust,

partnership, association, joint venture, limited liability company, government,

governmental subdivision or agency, or other legal or commercial entity;

(13) (a) "Planned community" means a group of residential dwellings, excluding

condominiums, composed of individual lots for which a deed, common plan,

or declaration requires that:

1. All owners become members of an association;

2. Owners or the association hold or lease property or facilities for the

benefit of all owners; or

3. Owners support by membership fees or property or facilities for all

owners to use.

(b) "Planned communities" shall not include:

1. Any deed, subdivision plat or plan, or declaration which is recorded

whereby the sole common facility for sharing maintenance expenses is

for shared or common roadways providing access to multiple lots; or

2. A current development or neighborhood that does not currently have a

homeowners' association established by declaration, subdivision plat, or

deed;

(14) "Purchaser" means a person who acquires a legal or equitable interest in a lot by

voluntary or involuntary transfer. A purchaser shall not be a declarant or a person in

the business of selling real estate for profit;

(15) "Real estate" includes lands together with improvements thereon and appurtenances

thereto; and

(16) "Residential dwelling" means a building or portion of a building that is designed

and intended for use and occupancy by a single household and not for business

purposes, and which may share common walls, roofing, or other common structural

elements.