Content courtesy of William A. Merrifield, Attorney at Law, Hebel & Hornung, P.S.C.

#1  Don’t fear Kentucky statutes – All incorporated homeowner and condominium association are governed by the Kentucky non-profit statutes.  These statutes may provide additional options regarding meetings (IE: remote/virtual meetings) if certain criteria is met.  The Kentucky Condominium Act also can be helpful for condominium associations whose documents may be older.

#2  Don’t fear filing liens – Liens protect the Association’s interest in the property.  Liens do not mean you have to immediately foreclose upon the property.  Please remember that a homeowner association’s governing documents must provide the association with the ability to file a lien since the Condominium Act does not apply to HOAs.  Also, certain statutes or governing documents may provide a statute of limitation that addresses the length of time a lien is valid.

#3  Don’t fear amending your governing documents – Sometimes the amending procedure contained in the governing documents can seem daunting.  However, work with your attorney because he/she will likely be able to provide advice on ways the Association can attempt to meet the necessary requirements.

#4  Don’t fear term limits for Board members – While there can be downsides with term limits for Board members, do not dismiss the idea outright.  For example, term limits can prevent burnout of Board members and may force residents to get more involved with the association.  In deciding if term limits are right for your association contact your attorney and get his/her input.

#5  Don’t fear using your attorney --  A lot of issues can be solved efficiently and with minimum cost if the Board gets the association’s attorney involved from the start.  A lot of times it will cost more in attorney’s fees to undo what was originally done incorrectly because the Board wanted to try to save money by tackling the issue on its own.

# 6  Don’t fear Roberts Rule of Order – These rules are designed to help make a meeting run smoothly.

Disclaimer: The information provided by this article does not, and is not intended to, constitute legal advice.