Indiana's Homeowners Association Management Act (Ind. Code §§ 32-25.5-1 through 32-25.5-4) provides a framework for planned community HOAs, while condominiums are governed under the Indiana Condominium Act (Ind. Code §§ 32-25-1 through 32-25-9). Indiana is a moderate-regulation state — more structured than laissez-faire states but without the deep compliance obligations of California or Florida.
Scope of the Indiana HOA Management Act
The Indiana HOA Management Act applies to all homeowners associations in planned communities, regardless of when formed. It establishes minimum standards for governance that the association's CC&Rs cannot reduce, though they may add stricter requirements.
Records Access: 10-Business-Day Rule
Ind. Code § 32-25.5-3-6 requires associations to make financial records, meeting minutes, and governing documents available to owners within 10 business days of a written request. The association may charge a reasonable fee for copying. Failure to provide records can be used as evidence in a lawsuit for enforcement or damages.
Annual Meeting Requirements
Indiana HOAs must hold an annual meeting of members and provide advance notice as specified in the bylaws (typically 10–30 days). The annual meeting must include: a report on the financial status of the association, an opportunity for owners to raise issues, and board elections if terms are expiring.
Assessment Liens in Indiana
Indiana HOAs have statutory lien rights for unpaid assessments under Ind. Code § 32-25.5-3-8. The lien is created when assessments become delinquent and must be recorded in the county recorder's office to be enforceable against subsequent purchasers. Indiana allows judicial foreclosure of assessment liens — there is no non-judicial (deed of trust) foreclosure process for HOA liens in Indiana.
Enforcement Best Practices
Indiana statute does not specify fine procedures or caps — those are entirely governed by the CC&Rs and rules. Best practice for Indiana boards: adopt a written enforcement policy that includes (1) written violation notice with CC&R citation, (2) a cure period of at least 14 days, (3) written notice of the right to a hearing before the board, and (4) a documented fine schedule. Courts will scrutinize whether the association followed its own procedures.
Indiana Condominium Act: Key Differences
If your community is a condominium, the Indiana Condominium Act (Ind. Code §§ 32-25-1 through 32-25-9) governs instead. The condo act imposes stricter requirements for amending the declaration and for reserve fund disclosures in resale transactions.
Disclaimer: This guide covers Indiana planned communities under Ind. Code § 32-25.5. For condominiums, the Indiana Condominium Act applies. Consult a licensed Indiana attorney for legal advice specific to your association.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →