How do I dispute an HOA assessment or fine in Indiana?
Indiana's HOA Act (enacted 2009) and the older Horizontal Property Law set baseline standards but leave most governance to the recorded declaration.
1. Governing Statute
2. CC&Rs and Bylaws
Recorded declarations and bylaws run with the land. Restrictive covenants are construed strictly against enforcement when ambiguous (Villas W. II of Willowridge Homeowners Ass'n v. McGlothin, 885 N.E.2d 1274).
3. Common Disputes
Architectural changes, fencing, exterior color, landscape, parking, pets, lease restrictions (Villas West II — post-acquisition leasing bans require clear authority in declaration), assessment increases, fines, late fees.
4. Internal Dispute Resolution
The HOA Act requires that the board adopt rules and procedures for fines and suspensions that include notice to the owner and an opportunity to be heard (§ 32-25.5-3-3). The hearing is typically before the board or a designated committee.
5. Alternative Dispute Resolution
ADR is not statutorily mandated. Many declarations require mediation. Indiana Alternative Dispute Resolution Rule 2 (S.D. Ind.) and state ADR Rule 2.7 apply to court-annexed disputes.
6. Lien & Foreclosure
The condo/HOA has a contract-based lien for unpaid assessments per the declaration. Indiana does not recognize a UCIOA super-lien; the first mortgage retains full priority. Foreclosure is judicial in the same manner as a mortgage (Ind. Code § 32-30-10), with a 3-month redemption right post-judgment.
7. Open Meeting & Record Inspection
HOA Act requires the board to provide a financial report annually and to make books and records available for inspection by members (§ 32-25.5-3-3(a)(7)). Open meetings are not mandated but most declarations require them.
8. Statutory Caps
Solar energy (Ind. Code § 36-7-2-8 — HOA may impose reasonable restrictions but not effectively prohibit solar). Flag display (federal Freedom to Display Act). Satellite dishes (federal OTARD). Indiana does not have an EV-charging-in-HOA statute.
9. Lawsuit Remedies
Declaratory judgment (Ind. Code § 34-14-1), injunction, breach of fiduciary duty against directors (Ind. Code § 23-17-13-1 — nonprofit corporation duty), and prevailing-party attorney's fees when the declaration or statute provide.
This is legal information, not legal advice.
- Judicial foreclosure complaint filed for unpaid assessments
- Selective enforcement evidence supports a counterclaim
- Disputed amendment to declaration adding lease restrictions retroactively
- Ind. Code § 32-25.5 (HOA Act)
- Ind. Code § 32-25 (Horizontal Property Law)
- Ind. Code § 32-25.5-3-3 (board duties & records)
- Ind. Code § 32-30-10 (mortgage foreclosure)
- Ind. Code § 36-7-2-8 (solar)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.