Kentucky Statutes 381.785 – Definitions for KRS 381.785 to 381.801
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As used in KRS § 381.785 to KRS § 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.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 23, sec. 1, effective June 29, 2023.
(1) “Assessment” means the liability for an expense that is allocated to a lot in a planned community in accordance with governing documents;
Terms Used In Kentucky Statutes 381.785
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Directors: when applied to corporations, includes managers or trustees. See Kentucky Statutes 446.010
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(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.
Effective: June 29, 2023
History: Created 2023 Ky. Acts ch. 23, sec. 1, effective June 29, 2023.