Indiana HOA Laws: A Comprehensive Guide

Want to know more about the laws and regulations that govern homeowners associations (HOAs) in Indiana? You have come to the right place! In this article, we will discuss the various federal and state laws that regulate these organizations. Let's get started!

Understanding Homeowners Associations

Before we get into the state and federal legislation, let's first talk about what homeowners associations are. To put it simply, HOAs, or community associations, are entities formed for the good of the neighborhood, apartment complex, or community.

They are responsible for managing common areas and enforcing rules and regulations that help to maintain property values.

These associations are regulated by state laws and their own governing documents, which typically consist of the Articles of Incorporation, Bylaws, and the Declaration of Covenants, Conditions, and Restrictions (CC&R).

Indiana HOA Laws and Regulations You Need to Know About

Here are some of the HOA laws in place that govern homeowners associations in Indiana:

Indiana Homeowners Association Act

This act, which can be found in Code 32-25.5 of the Indiana Code, regulates the creation, administration, authority, and function of HOAs formed after the 30th of June 2009. It also permits these entities to impose mandatory dues on its members. Organizations that were created before this date can be subject to this legislation if all the homeowners association's members choose this.

Indiana Condominium Act

Condominium associations in Indiana are governed by the Indiana Condominium Act, which covers the creation, oversight, functioning, and authority of these organizations.

Indiana Nonprofit Corporations Act

All non-profit organizations must adhere to this statute's rules for company structure and operation. In Indiana, the majority of HOAs are set up as non-profit corporations.

The Indiana Fair Housing Act

This legislation forbids discrimination against homeowners based on factors such as national origin, familial status, race, religion, color, sex, or any combination of these. It offers state-level protection comparable to those found in the federal Fair Housing Act (FHA).

Other Applicable Laws

In addition to the laws mentioned above, the following may also apply:

• Federal flag display law. This legislation specifies the manner in which the US national flag may be displayed.
• Liens on Real Property. If a member of the homeowners association fails to pay their dues, an HOA can foreclose on their house to secure the outstanding amount. More information can be found in this statute.
• Indiana Conveyance Procedures for Real Property. This law describes conveyance procedures for properties in Indiana.

Keep in mind that there may be other local laws that apply, so be sure to do some research on regulations in your county.

Fines

Homeowner's associations in Indiana have the authority to penalize property owners for violations and unpaid dues. The amount and types of charges and the notice requirements associated with these fees will probably be stated in the HOA's governing documents.

According to federal and state law, homeowners' associations in Indiana may not prohibit the following: 

• The showcasing of campaign posters during election season.
• As long as they don't endanger people's health and safety or dramatically raise energy prices, the installation of solar energy systems. 
• Putting up the US national flag as long as it's done so in accordance with federal flag display regulations.
• Adding antennas and satellite dishes.

Furthermore, additional authority to restrict fencing types, membership, parking, and more may be granted by the HOA's governing documents.

About DoorLoop's Innovative HOA Management Software

If you are responsible for managing an HOA, you will soon find that it is no easy task. Not only are you required to keep track of the association's finances and ensure that expenses and expenditures are documented correctly, but you will also need to communicate, draw up meeting schedules, and manage work orders effectively.

The good news is that DoorLoop is designed to help. With a myriad of intuitive tools designed to be easy to use, you can set yourself up for success by investing in a plan. Contact us today for more information about our HOA management software or to schedule your free demo.

Final Thoughts

There you have it - an overview of Indiana HOA laws. It's important to remember that there may be other local laws that impose further restrictions on the way homeowners associations in the area are run, so it's important to do further research to learn more.

If you are feeling overwhelmed by the task of running an HOA, you can turn to DoorLoop for assistance. Get in touch with us today to try it out for yourself!

Frequently Asked Questions

1. What governing documents do Indiana HOAs generally have?

Homeowners associations in Indiana are governed by federal and state laws. They are also regulated by their own governing documents, which typically include the following:

• Articles of Incorporation
• Bylaws
• Declaration of Covenants, Conditions, and Restrictions (CC&R)

2. What are some tips for grievance resolution?

The truth is that disputes are commonplace in homeowners associations. Homeowners can approach the Attorney General or file a private lawsuit against HOAs. It goes without saying, then, that knowing how to deal with complaints is imperative to your success as a manager, executive, or board member.

Here are a few tips to help you manage and prevent disputes:

• Make sure that rules and regulations are enforced fairly and consistently.
• Learn about the applicable laws and make sure your HOA complies with them.
• Offer options for mediation when disputes arise.
• Review governing documents regularly to ensure that they are up to date.
• Consult a lawyer for assistance when matters cannot be resolved internally.

If you would like to learn more about grievance resolution, you can read our guide here.

3. Can HOAs in Indiana enter a member's private property?

The Indiana Code makes no mention of community associations' right to enter a homeowner's property. In its governing documents, an HOA will specify when, how, and under what circumstances it may enter a member's private property. Typically, sufficient notice must be provided.

Normally, a homeowners association may have the right to enter a home for maintenance purposes, in the event of an emergency, or if there is a serious violation of the HOA's bylaws.

4. Are HOA governing documents public records in Indiana?

In Indiana, HOA rules and regulations are considered public records and are accessible to the general public. The Bylaws and Articles of Incorporation must be submitted to the county recorder's office. You can visit your local county records office to gain access to these documents. 

Anybody may view an HOA's bylaws on the Indiana Secretary of State's website if the HOA decides to submit them in its business filings.

5. Can HOAs in Indiana be dissolved?

Yes, a homeowners association can be dissolved. The process is usually outlined in the governing documents, but if not, a vote from the majority of the members must be obtained in order for the HOA to be dissolved.