You own the house—but what obligations come with the deed?

By T.W. Shortt, CRS®, CRB®, Principal Broker

REALTY WORLD Knox Realty Group, LLC — The Fort Knox Office™

Your Home, Their Rules? What Hardin County Buyers Should Know About HOAs

You own the house—but what obligations come with the deed?

By T.W. Shortt, CRS®, CRB®, Principal Broker

REALTY WORLD Knox Realty Group, LLC — The Fort Knox Office™

Hearthstone, the new community on the south end of Radcliff, offers a timely reason to discuss homeowners’ associations—and understand exactly what you are buying.

It also illustrates how easily confusion begins.

During an early visit, a sales representative told me the development was in Elizabethtown. Hearthstone is in Radcliff, although its Elizabethtown mailing address can create a different impression. Fischer Homes’ Hearthstone community page also markets the neighborhood under Elizabethtown.

A mailing address does not establish municipal boundaries. Buyers should understand which city governs their property, and which private restrictions govern its use.

That brings us to another misunderstanding: HOA membership and fee-simple ownership are not competing forms of ownership.

You Can Have Both

Fee simple is the broadest form of ownership of an interest in real estate. You can own, sell, mortgage, and pass property to your heirs, subject to applicable laws and restrictions.

A homeowners association establishes community governance and shared obligations. You can own your house and lot in fee simple while being required to belong to an HOA, pay assessments, and follow enforceable restrictions.

The practical comparison is usually a home with HOA obligations versus one without them.

What Are You Agreeing To?

Depending on its governing documents, an HOA may maintain entrances, common grounds, recreational facilities, or other shared property. Restrictions may address fences, exterior alterations, parking, landscaping, or rental use.

Some buyers welcome consistent standards and shared maintenance. Others prefer greater individual discretion.

The question is whether the specific obligations fit your household, budget, and future plans.

Kentucky’s Planned Community Act addresses qualifying associations’ governance, financial records, and assessments. Older governing documents can affect how the law applies. Reading the actual documents remains essential.

No HOA Does Not Mean No Restrictions

A home without an HOA may still carry recorded deed restrictions, easements, zoning requirements, and building requirements.

Likewise, an inactive association does not automatically mean its recorded restrictions have disappeared.

Before buying, request:

• The declaration, restrictions, amendments, bylaws, and current rules.

• Current dues and approved or proposed special assessments.

• The budget, financial statements, and reserve information.

• Recent meeting minutes and information about major repairs or disputes.

• Confirmation of outstanding association charges affecting the property.

Ask what the association maintains, who controls its board, and whether the developer still appoints its leadership.

Annual dues are only part of the financial picture. Kentucky law allows special assessments under specified conditions and provides liens for certain unpaid association charges.

Know Your Home—and Your Community

For military families near Fort Knox, rental restrictions deserve particular attention. A reassignment could change how you need to use the property.

Hearthstone’s address confusion reinforces a broader lesson: buyers need clear answers about both their local government and their neighborhood association.

Do not buy the house first and discover the obligations afterward. Obtain the documents early, ask questions, and have a Kentucky real estate attorney resolve uncertainties

This article provides general information, not legal advice. HOA obligations and property restrictions vary by community and governing documents. Consult a Kentucky real estate attorney about your specific circumstances. REALTY WORLD Knox Realty Group, LLC is a real estate brokerage, not a law firm.

Need more info?

The New Homes Center at REALTY WORLD Knox Realty Group, LLC, or call TW Shortt at 270-319-3212