Question:
We have a new board that changed the bylaw without a neighborhood vote stating that if anyone parks on the street over an hour we get $50. To park on the street you need permission from the board . Basically families can not get together. Once neighbor asked for permission to have a family over for a celebration and he denied them . Families should be able to get together without asking permission. Parents should be able to stop by and see their kids and grandkids whenever.
– Michelle
Answer:
Amending an HOA’s governing documents in Indiana requires the consent of owners as stipulated in Section 32-25.5-3-9 of the Indiana Homeowners Association Act. Subsection (2) states:
“(2) The consent of the owners to the amendment has been obtained as evidenced by either of the following:
(A) The vote of the owners at a meeting duly called for the purpose of considering the amendment.
(B) A written instrument signed by the owners.
The governing documents may not require that the consent of more than seventy-five percent (75%) of the owners is required for consent under this subdivision.”
Furthermore, an HOA may only regulate parking on private streets (streets owned by the HOA). If it is a public street (not owned by the HOA), then the HOA generally cannot regulate parking there. Public streets fall under the jurisdiction of the local government.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
