381.9161 Master associations.

447 words·~2 min read·/ky/chapter-381/381-9161

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If the declaration for a condominium provides that any of the powers described in

KRS 381.9167 are to be exercised by or may be delegated to a for-profit or

nonprofit corporation or unincorporated association which exercises those or other

powers on behalf of one

(1)or more condominiums or for the benefit of the unit

owners of one

(1)or more condominiums, all provisions of KRS 381.9101 to

381.9207 applicable to unit owners' associations apply to any such corporation or

unincorporated association, except as modified by this section.

(2)Unless a master association is acting in the capacity of an association described in

KRS 381.9165, it may exercise the powers set forth in KRS 381.9167(1)(b) only to

the extent expressly permitted in the declarations of condominiums which are part

of the master association or expressly described in the delegations of power from

those condominiums to the master association.

(3)If the declaration of any condominium provides that the executive board may

delegate certain powers to a master association, the members of the executive board

have no liability for the acts or omissions of the master association with respect to

those powers following delegation.

(4)The rights and responsibilities of unit owners with respect to the unit owners'

association set forth in KRS 381.9169, 381.9177, 381.9179, 381.9181, and

381.9185 apply in the conduct of the affairs of a master association only to those

persons who elect the board of a master association, whether or not those persons

are otherwise unit owners within the meaning of KRS 381.9101 to 381.9207.

(5)Notwithstanding the provisions of KRS 381.9169(6) with respect to the election of

the executive board of an association by all unit owners after the period of declarant

control ends and even if a master association is also an association described in

KRS 381.9165, the certificate of incorporation or other instrument creating the

master association and the declaration of each condominium the powers of which

are assigned by the declaration or delegated to the master association may provide

that the executive board of the master association shall be elected after the period of

declarant control in any of the following ways:

(a)All unit owners of all condominiums subject to the master association may

elect all members of that executive board;

(b)All members of the executive boards of all condominiums subject to the

master association may elect all members of that executive board;

(c)All unit owners of each condominium subject to the master association may

elect specified members of that executive board; or

(d)All members of the executive board of each condominium subject to the

master association may elect specified members of that executive board.