HOA Electing to be Governed by IC 32-25.5

Hi Jenny,

If the community is a homeowners association established after June 30, 2009, and is authorized to impose mandatory dues on members, the Indiana Homeowners Association Act (IC 32-25.5) automatically applies. However, if the homeowners association was established before July 1, 2009, the community may elect to be governed by the article if:

• A majority of the members of the homeowners association elect to be governed by this article; or
• The number of members required by the homeowners association’s governing documents elect to be governed by this article if a different number of members other than the number established in the previous clause is required by the governing documents.

This may require the community to amend the governing documents to align with IC 32-25.5. The association may also need to file the required documents with the appropriate state agency. The members must also be notified and the community’s policies must be updated to comply with IC 32-25.5. The costs involved may include filing fees, printing fees, legal fees, and other transition-related expenses. It may also be wise to consult a legal professional to help you with the transition. You can find an HOA lawyer through our online directory: https://www.hoamanagement.com/