UNOFFICIAL COPY 23 RS BR 1741
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AN ACT relating to residential planned communities. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 381 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "City" means any city government, consolidated local government, urban-6
county government, or unified local government; and 7
(b) "Planned community" means a group of residential dwellings, excluding 8
condominiums, composed of individual lots for which a deed, common plan, 9
or other legal document requires that: 10
1. All owners within the group become members of a homeowners' 11
association; 12
2. Owners, or the homeowners' association, hold or lease property or 13
facilities for the benefit of all owners within the group; or 14
3. Owners support by membership fees property or facilities for all 15
owners within the group to use. 16
(2) If a planned community, whether active or inactive, fails to maintain any 17
infrastructure, common area, storm water detention or retention area, and other 18
facilities that it is legally obligated to maintain, any city in which the planned 19
community is located may petition the Circuit Court of the jurisdiction in which 20
the city lies for the appointment of a receiver to manage the affairs of the 21
homeowners' association. Any city seeking the appointment of a receiver shall be 22
entitled to reimbursement of all costs, fees, and reasonable attorney's fees. 23
(3) The receiver shall have all the authority granted to the governing authority of the 24
planned community, including the ability to establish, levy, and collect fees, and 25
to contract for the ongoing renovation, maintenance, and upkeep of the legally 26
obligated infrastructure, common areas, storm water detention or retention areas, 27 UNOFFICIAL COPY 23 RS BR 1741
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and other facilities. The receiver shall be entitled to recover reasonable costs and 1
fees for services as approved by the court. 2
(4) If any city is required to expend funds to repair, renovate, maintain, or correct 3
code violations of the infrastructure, common areas, storm water detention or 4
retention areas, or other facilities for which the homeowners' association is 5
legally responsible, the city may seek reimbursement for those costs from the 6
receiver. 7