Homeowners associations in Indiana would do well to understand the state laws that govern them. But, what are the Indiana HOA laws these associations should know about in the first place?
The Indiana Homeowners Association Act oversees the creation, management, authority, and operation of homeowners associations created after June 30, 2009. These associations have the power to impose compulsory dues on the members of the community. The Act can also apply to HOAs created prior to July 1, 2009, provided the association elects to do so with a majority of members in favor of the decision.
You can find the Indiana Homeowners Association Act under Title 32, Article 25.5 of the Indiana Code. It consists of five chapters, each one divided further into sections.
The Indiana Condominium Act regulates the creation, management, authority, and operation of condominiums that record a declaration under this article. You can find this Act under Title 32, Article 25 of the Indiana Code. It consists of 10 chapters, each one with its own sections.
The Indiana Nonprofit Corporation Act of 1991 applies to associations that register as a non-profit corporation. Interestingly, a majority of the associations in Indiana are considered as such. This Act governs the corporate procedure and structure of such associations.
You can find the Indiana Nonprofit Corporation Act of 1991 under Title 23, Article 17 of the Indiana Code. It consists of 31 chapters, namely:
Many homeowners associations have restrictions in place concerning how members of the community can use their property. But, under the HOA laws of Indiana, there are certain restrictions HOAs can’t make. One example has to do with the display of political signs.
Under Title 23, Article 21, Chapter 13 of the Indiana Code, HOAs may not prohibit members from displaying political signs on their property during the following periods:
However, associations can restrict the size, number, and location of the signs in question.
Another common property use restriction is the installation of solar panels. Because HOAs want to maintain a uniform look throughout the neighborhood, they may adopt certain solar restrictions.
While many states have already enacted laws that forbid HOAs from prohibiting solar panel installations, Indiana has yet to do the same. Instead, according to I.C. 36-7-2-8, Indiana associations may not impose unreasonable restrictions that significantly raises the cost or decreases the efficiency of the solar energy system.
The Indiana Fair Housing Act protects residents from discrimination based on color, race, national origin, religion, sex, disability, or familial status. It functions similarly to the federal Fair Housing Act. Those who wish to file a discrimination complaint can do so with the U.S. Department of Housing and Urban Development or the Indiana Civil Rights Commission. For private recourse, victims may file a lawsuit in federal district court.