Not legal advice. This is a general educational overview of Indiana HOA law. Laws change and vary by community type and governing documents. Always consult a licensed Indiana attorney for advice specific to your HOA.
Indiana Homeowners Association Act (IC 32-25.5-1-1 et seq.)
Indiana enacted a dedicated Homeowners Association Act (IC 32-25.5) in 2009, giving planned community HOAs a clearer statutory framework covering financial record access, board meeting requirements, and assessment lien enforcement. Before 2009, Indiana HOAs operated almost entirely under their CC&Rs and general nonprofit law. The act provides a meaningful baseline but leaves many details to each community's governing documents, and Indiana has no super-priority lien or state dispute resolution agency.
Every HOA in Indiana is governed by a combination of state law and its own governing documents - typically the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and rules and regulations. Where state law and governing documents conflict, state law generally controls. Where state law is silent, the governing documents fill the gap.
Regardless of what any individual HOA's governing documents say, Indiana homeowners in HOA communities generally have the right to:
When a homeowner fails to pay assessments in Indiana, the HOA's typical collection process follows these steps:
Indiana's specific procedures, notice periods, and lien priority rules are set by Indiana Homeowners Association Act (IC 32-25.5-1-1 et seq.) and the association's governing documents. Boards should consult legal counsel before initiating collection actions.
Most Indiana HOAs can impose fines for rule violations, but procedural requirements must be followed. In general:
The procedural requirements under Indiana HOA law - notice before fines, member record access, financial transparency - are exactly what good HOA software automates:
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Start free →Indiana enacted the Homeowners Association Act (IC 32-25.5) in 2009 to provide clearer governance rules for planned community HOAs. The act covers financial record-keeping, member access to records, board meeting requirements, and assessment lien enforcement. It applies to planned community HOAs; Indiana condominium associations are governed separately under the Horizontal Property Law (IC 32-25).
Yes. Under Indiana Code § 32-25.5-3-6, HOA members have the right to inspect and copy the association's financial records, including the budget, financial statements, and reserve fund information. The HOA must make these records available within a reasonable time of a written request. This statutory access right exists regardless of what the governing documents say on the subject.
An Indiana HOA may place a lien on a member's property for unpaid assessments under IC 32-25.5 and enforce that lien through judicial foreclosure following Indiana lien law. The association must follow the procedures in its governing documents and the statute regarding notice before recording the lien. Indiana does not have a super-priority lien provision, so the HOA lien is generally subordinate to a first mortgage.
Indiana does not require planned community HOAs to maintain a reserve fund by state statute. Reserve funding obligations depend on each community's CC&Rs. Financial advisors strongly recommend that Indiana HOAs with significant common area infrastructure conduct periodic reserve studies and maintain adequate reserves to avoid large unexpected special assessments.
Indiana has no dedicated state agency for HOA dispute resolution. Homeowners with complaints about their board must use whatever internal dispute resolution procedures appear in their governing documents, mediation or arbitration if provided for in the CC&Rs, or file a civil lawsuit in Indiana circuit court. An Indiana real estate attorney can advise on the best approach for a specific dispute.