Kentucky
Kentucky HOA and Condo Resale Certificate: Fees, Deadlines, and How to Order
A resale certificate is the document a title company asks for before a Kentucky closing. Kentucky associations must deliver it within 10 days where the statute sets a deadline. Kentucky puts no dollar cap on the fee.
Free for the resale platform. No contract to sign.
Kentucky Resale Certificate
Example Hollow Owners Association
Regular assessment
$345.00 monthly
Buyer's review period
5 days by statute
Master insurance
Certificate on file
Due to the requester
Within 10 days
Kentucky at a glance
- What Kentucky calls it
- Resale Certificate
- Fee cap
- No fixed dollar cap
- Delivery deadline
- 10 days where the statute sets one
- Buyer's right to cancel
- 5 days after receiving it
Also called: HOA resale certificate, condo resale certificate. If you were told to get a Kentucky resale certificate, or a KY resale certificate as closing agents write it, for a home in an HOA or a condominium, this is that document. It has nothing to do with the sales tax resale certificate a retailer files with the state.
What each Kentucky act sets
Kentucky has 2 sets of rules, and which one applies depends on how the community was created. Havn asks once which act governs a community, then applies that act's limits to every order.
KRS 381.9203
Condominium Act. Applies to condominiums.
- Required by statute
- Yes
- Fee
- No fixed dollar cap
- Deadline
- 10 days from the request
- Buyer may cancel within
- 5 days
KRS 381.785
Planned Community Act. Applies to HOAs and planned communities.
- Required by statute
- No. Furnished under the governing documents.
- Fee
- No fixed dollar cap
- Deadline
- None set
Kentucky HOA laws on resale documents, in plain words
Each entry links to the official text. Read the statute itself before relying on a summary.
KRS 381.785 (Planned Community Act)
Governs planned communities in Kentucky, meaning homeowners associations other than condominiums, that were established after June 29, 2023. It covers formation through a recorded declaration, association and board governance, assessments and special assessments, financial records and owner access to them, meetings and voting, and the association's lien for unpaid assessments. The act does not require the association to furnish a resale certificate, payoff statement, or similar disclosure document to a buyer. The Act contains no resale certificate, disclosure, or statement of unpaid assessments provision; a planned community established before June 29, 2023 falls under it only if it files its declaration in (KRS 381.786), and otherwise issues under its governing documents alone.
KRS 381.9101 (Condominium Act)
Governs condominiums in Kentucky created after January 1, 2011, though several of its provisions also reach condominiums created earlier for events occurring after that date. It covers creation and recording of the condominium declaration, the powers and governance of the unit owners' association, assessments and liens, financial records and meetings, and the documents and disclosures a unit seller must give a purchaser before a sale.
KRS 381.9203 (Documentation to Be Furnished by Seller of Unit)
Before a contract or conveyance the seller of a unit furnishes the purchaser the declaration (without plats and plans), the bylaws, the rules, and a certificate current to its issue date and signed and dated by the association's manager or authorized agent, with eleven items: restraints on alienation, the monthly common expense assessment and any unpaid common, emergency, or special assessment, other fees, capital expenditures anticipated for the current and next two fiscal years, reserves and their designated portions, the most recent balance sheet and income and expense statement, the current budget, the date of the most current financial report under KRS 381.9197, unsatisfied judgments and pending suits (as defendant, or as a party where more than $10,000 is in dispute), insurance coverage or a certificate of insurance, and any leasehold term. The association furnishes the certificate within 10 days after the unit owner's written request; no fee is stated. The seller is not liable for the association's errors or delay, but the contract is voidable by the purchaser until the certificate is provided and for 5 days after, or until conveyance. The association may not deny the validity of any statement in it, and a missing certificate does not void a deed. Gratuitous, court-ordered, governmental, foreclosure, dealer, and freely cancellable dispositions are exempt (KRS 381.9201(2)). Applies to condominiums created before January 1, 2011 as well, for events after that date (KRS 381.9103(2)).
KRS 381.9193 (Lien for assessments and statement of unpaid assessments)
Gives the association a lien for assessments and fines from the time they become due, perfected by the recorded declaration, prior to all but earlier-recorded encumbrances, a mortgage recorded before the delinquency, and tax liens, and extinguished unless enforced within five years. On a unit owner's written request the association must deliver, within 10 business days, a recordable statement of the unpaid assessments against the unit, binding on the association, the executive board, and every unit owner. Applies to condominiums created before January 1, 2011 as well, for events after that date (KRS 381.9103(2)).
The notice Havn prints on every Kentucky resale certificate
Every Kentucky document Havn prepares carries a notice that tells the reader where the document comes from and what Kentucky law says about it. This is the wording, act by act.
KRS 381.9203Condominiums
This certificate is furnished under KRS 381.9203. The association issues it within ten days after it receives the unit owner's written request. It is current to its date of issuance and is signed and dated by the association's manager or authorized agent. The seller furnishes it to the purchaser, together with the declaration other than the plats and plans, the bylaws, and the rules of the association, before execution of any contract for sale of the unit or otherwise before conveyance. A unit owner or a unit owner's agent who provides this certificate is not liable to the purchaser for erroneous information provided by the association and included in it, and is not liable for the association's failure or delay in providing it. The sales contract is voidable by the purchaser until the certificate has been provided and for five days thereafter, or until conveyance, whichever first occurs. The association may not deny the validity of any statement in this certificate. Failure to provide a certificate does not void a deed to a purchaser. Under KRS 381.9201(2) no certificate is required for a gratuitous disposition, a disposition under court order, a disposition by a government or governmental agency, a disposition by foreclosure or deed in lieu of foreclosure, a disposition to a person in the business of selling real estate who intends to offer the units to purchasers and who has modified or waived the requirements of KRS 381.9203 by agreement, or a disposition the purchaser may cancel at any time and for any reason without penalty. The information in this certificate is current as of its issue date.
KRS 381.785HOAs and planned communities
No Kentucky statute requires this resale package. The Kentucky Planned Community Act, KRS 381.785 to 381.801, contains no resale certificate, disclosure, or statement of unpaid assessments provision, so this package is furnished under the community's declaration, bylaws, and rules. Because no statute governs it, Kentucky law gives the purchaser no cancellation or voidability period tied to this package and sets no statutory limit on the liability of the association, the lot owner, or the preparer. Any review period is the one the purchase contract provides. The amounts stated are the association's statement of the account as of the issue date. Under KRS 381.799 the association holds a continuing lien on the lot for any assessment, special assessment, or charge levied in accordance with KRS 381.797, together with any related interest, fines, administrative late fees, enforcement assessments, collection costs, or reasonable attorney fees, that remains unpaid thirty days after any portion became due and payable. The information in this package is current as of its issue date.
Kentucky resale certificate: common questions
What is a Kentucky resale certificate?
It is what Kentucky law has the association provide when a home in condominiums is sold: a statement of what the home owes and of the association's finances, insurance, and rules, under KRS 381.9203.
How much does a Kentucky resale certificate cost?
Kentucky sets no dollar cap, so the association or its management company sets the fee.
How long does a Kentucky association have to provide a resale certificate?
10 days where the statute sets one, counted from the request.
Is a resale certificate required in Kentucky?
Yes, for condominiums, under KRS 381.9203. For HOAs and planned communities outside those acts, no statute requires it, and associations furnish it under their governing documents.
Can a buyer cancel after receiving a Kentucky resale certificate?
Yes. The buyer has 5 days after receiving it to cancel the purchase contract.
Who pays for the resale certificate in Kentucky?
Whoever orders it pays the association's fee, usually the seller or the closing agent on the seller's behalf, and the purchase contract can move the cost to the buyer.
What is included in a Kentucky resale certificate?
What the home owes the association, the fees due at closing, the budget and reserves, the insurance the association carries, pending lawsuits, and the governing documents. The full list is in KRS 381.9203.
How do I get a resale certificate in Kentucky?
Ask the association, or its management company if it has one. Many take the request through an online order page and deliver by email. Once asked, a Kentucky association has 10 days where the statute sets one. A buyer should ask the seller or the closing agent to order it.
Is this the same as a Kentucky sales tax resale certificate?
No. A sales tax resale certificate is a form a retailer gives a supplier so it can buy goods without paying sales tax. It shares a name and nothing else. This page is about the HOA document used when a home is sold.
How Kentucky compares with its neighbors
Management companies that work across state lines meet a different rule on each side. Kentucky: no fixed dollar cap, 10 days where the statute sets one.
Tennessee
Resale Disclosure
No fixed dollar cap
10 business days
Required by statute
Ohio
Resale Certificate
No fixed dollar cap
No statutory deadline
Not required by statute
Indiana
Resale Package
No fixed dollar cap
No statutory deadline
Not required by statute
Virginia
Resale Certificate
$176.64
14 days
Required by statute
See all 51 jurisdictions on the map, compare every state in the fee and deadline table, or read about lender questionnaires, estoppel letters, and demand letters.
Your next Kentucky resale certificate could write itself.
The resale platform is free for the association. The requester pays for the document. No contract to sign.