If a homeowner feels they are a victim of housing discrimination, they can file a complaint with the Indiana Civil Rights Commission, the U.S. Under the Fair Debt Collection Practices Act, homeowners may also file in state court, northern federal, or southern federal court within one year of the violation date. The venue for filing a Complaint against an HOA in Indiana depends on the complaint.įor complaints concerning HOA fees, a homeowner can file a complaint with the Office of the Attorney General, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Where Do Homeowners File Complaints Against Their HOA in Indiana? A reasonable timeline can range depending on the reason for entry between three days and a couple of weeks. Typically, an HOA may be able to enter a homeowner’s property in case of emergency, maintenance, or violation of any rules or regulations.Įxcept in the case of an emergency, reasonable notice should be provided to the homeowner before the HOA is to enter the property. Clauses of if, when, and how an HOA can enter a homeowner’s house will be listed in its governing documents. There is no provision in the Indiana Code that states whether HOAs can enter a homeowner’s property. Can an HOA Enter a Homeowner’s Property in Indiana? This information can be found in the HOA’s governing documents. There is no provision about HOAs being able to evict homeowners or tenants. If the lien is enforced by the court, then an action for foreclosure can be initiated. The complaint cannot be filed within a 90-day period of the unpaid fines. The HOA must first file a complaint with the appropriate court where the residence is located. If a lien goes unresolved, the HOA can foreclose on the house. HOAs have the power to place a lien on a property when the owner neglects to pay their dues. In Indiana, a homeowner can foreclose on a home within its community. Can an HOA Take a Homeowner’s House in Indiana? Moreover, an HOA’s governing documents can grant added powers such as restrictions on membership, parking, fencing, and exterior paint colors. Installing satellite dishes and antennas.Displaying the American flag so long as the flag is displayed in a manner consistent with federal flag display law.Installing solar energy systems so long as they do not pose a threat to public health and safety or significantly increase energy costs.Displaying political signs during election season.The HOA’s governing documents will likely note the amount and types of fees in the HOA as well as notice requirements for such fees.Īn HOA cannot fine a homeowner for (or generally prohibit) any of the following: In Indiana, HOAs can impose fines on a homeowner. Can an HOA Impose Fines on a Homeowner in Indiana Collect charges to maintain and operate the common areasĪdditionally, HOA governing documents can grant further powers such as restrictions on membership, exterior paint colors, fencing, and parking requirements.If the HOA chooses to include the bylaws in their business filings, they can be accessed by anyone on the Indiana Secretary of State Business Entity search website. To obtain these records, visit the local office of the county recorder and pay a fee for copies.Īdditionally, HOA bylaws are considered optional provisions when the Articles of Incorporation is filed with the Indiana Secretary of State. ![]() The governing documents include the Articles of Incorporation and bylaws that are to be filed with the office of the county recorder. HOA governing documents are public records in Indiana. Indiana Conveyance Procedures for Real Property.HOAs may be subject to certain state laws such as: The Americans with Disabilities Act of 1990.HOAs in Indiana may be subject to applicable federal laws such as: Although every HOA is different, the governing documents typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules and regulations. ![]() Otherwise, governing documents regulate an HOA. This act governs a business entity where the use of dwellings is owned and operated by the members of the business entity. HOAs in Indiana are regulated by the Indiana Homeowners Associations Act found in Title 32 Article 25.5. The laws governing HOAs in Indiana are set forth by various local and state regulations, as well as by each individual HOA’s governing documents. In Indiana, many planned communities are managed by a homeowners association (HOA).
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