reglab/housing_qa huggingface dataset:
IN Code § 32-25-8.5-12 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 8.5. Grievance Resolution|32-25-8.5-12. Negotiation Meeting; Access to Subject Property

Sec. 12. (a) This section applies if a respondent has requested a meeting under section 11 of this chapter not later than ten (10) business days after the date of the notice of the claim given under section 11 of this chapter.(b) The claimant and the respondent shall meet in person to resolve the claim by good faith negotiation, at the time and place agreed to by the claimant and the respondent.(c) During the meeting, the parties must have full access to the property that is the subject of the claim to inspect the property, if appropriate or necessary. If the respondent agrees to take corrective action, the claimant must provide the respondent and the respondent's agents with full access to the property to take and complete corrective action.As added by P.L.141-2015, SEC.5.
IN Code § 32-25-8.5-13 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 8.5. Grievance Resolution|32-25-8.5-13. Impasse; Submission of Claim to Mediation or Binding Arbitration; Costs of Mediator or Arbitrator

Sec. 13. (a) The parties are considered to be at an impasse if:(1) the respondent does not request a meeting under section 11 of this chapter;(2) either party fails to attend a meeting agreed upon under section 12 of this chapter; or(3) the parties are unable to settle the claim at a meeting held under section 12 of this chapter.(b) Either party may, not later than ten (10) days after an impasse is reached, request in writing that the other party submit the claim to mediation or binding arbitration.(c) The party making the request under subsection (b) is responsible for the costs of the mediator or arbitrator.As added by P.L.141-2015, SEC.5.
IN Code § 32-25-8.5-14 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 8.5. Grievance Resolution|32-25-8.5-14. Impasse; Beginning Legal Proceedings

Sec. 14. If an impasse is reached and:(1) neither party requests mediation or arbitration; or(2) mediation or arbitration does not result in a settlement of the claim;the claimant may begin legal proceedings.As added by P.L.141-2015, SEC.5.
IN Code § 32-25-8.5-15 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 8.5. Grievance Resolution|32-25-8.5-15. Settlement of Claim Through Negotiation, Mediation, or Arbitration; Legal Proceedings; Recovery of Costs

Sec. 15. (a) This section applies if a claim is settled through negotiation, mediation, or arbitration.(b) The settlement of the claim must be documented in a written agreement signed by each of the parties.(c) If a party fails to abide by the settlement agreement signed under subsection (b), the other party may begin legal proceedings without again complying with this chapter.(d) If a party who begins legal proceedings under subsection (c) prevails in those legal proceedings, the party is entitled to recover from the other party:(1) court costs;(2) attorney's fees; and(3) all other reasonable costs incurred in enforcing the settlement agreement.As added by P.L.141-2015, SEC.5.
IN Code § 32-25-8.5-16 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 8.5. Grievance Resolution|32-25-8.5-16. Effect of Release or Discharge

Sec. 16. A release or discharge of a respondent from liability to the claimant with respect to the claim does not release or discharge the respondent with respect to any other person who is not a party to the claim.As added by P.L.141-2015, SEC.5.
IN Code § 32-25-8.5-17 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 8.5. Grievance Resolution|32-25-8.5-17. Powers of Board

Sec. 17. The board, on behalf of the association of co-owners, and without the consent of the co-owners, may do any of the following:(1) Negotiate settlements of claims or legal proceedings under this chapter.(2) Execute settlement agreements, waivers, releases of claims, or any other document resulting from application of this chapter.As added by P.L.141-2015, SEC.5.
IN Code § 32-25-8.5-18 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 8.5. Grievance Resolution|32-25-8.5-18. Costs of Each Party

Sec. 18. Except as otherwise provided in this chapter, each party shall bear its own costs for application of this chapter, including attorney's fees.As added by P.L.141-2015, SEC.5.
IN Code § 32-25-9-1 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 9. Actions and Proceedings|32-25-9-1. Compliance With Articles, Bylaws, Covenants, etc.; Organization of Co-Owners

Sec. 1. (a) Each condominium unit owner shall comply with:(1) the articles of incorporation or association;(2) the bylaws;(3) any administrative rules adopted under:(A) the articles of incorporation or association; or(B) the bylaws; and(4) the covenants, conditions, and restrictions set forth in:(A) the declaration; or(B) the deed to the owner's condominium unit.(b) Failure to comply as required under subsection (a) is grounds for an action:(1) to recover sums due;(2) for damages;(3) for injunctive relief; or(4) for any other legal or equitable relief;maintainable by the manager or board of directors on behalf of the association of co-owners or by an aggrieved co-owner.(c) The association of co-owners may be organized as:(1) a nonprofit corporation under:(A) IC 23-7-1.1 (before its repeal August 1, 1991); or(B) IC 23-17; or(2) an unincorporated association.[Pre-2002 Recodification Citation: 32-1-6-8.]As added by P.L.2-2002, SEC.10.
IN Code § 32-25-9-2 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 9. Actions and Proceedings|32-25-9-2. Actions and Proceedings

Sec. 2. (a) The board of directors, or the manager with the approval of the board of directors, may bring an action on behalf of two (2) or more of the condominium unit owners, as their respective interests appear, with respect to any cause of action relating to:(1) the common areas and facilities; or(2) more than one (1) condominium unit.An action brought under this subsection does not limit the rights of any condominium unit owner.(b) Service of process on two (2) or more condominium unit owners in any action relating to:(1) the common areas and facilities; or(2) more than one (1) condominium unit;may be made on the person designated in the declaration to receive service of process.[Pre-2002 Recodification Citation: 32-1-6-30.]As added by P.L.2-2002, SEC.10.
IN Code § 32-25.5-1-1 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 1. Applicability|32-25.5-1-1. Applicability

Sec. 1. (a) Subject to subsection (b), this article applies to the following:(1) A homeowners association established after June 30, 2009, that is authorized to impose mandatory dues on the homeowners association's members.(2) A homeowners association established before July 1, 2009:(A) if a majority of the members of the homeowners association elect to be governed by this article; or(B) if 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 clause (A) is required by the governing documents.(b) The following apply to all homeowners associations, including a homeowners association described in subsection (a)(2), regardless of whether the members of the homeowners association have elected under subsection (a)(2)(A) or (a)(2)(B) to be governed by this article:(1) IC 32-25.5-3-3(g) through IC 32-25.5-3-3(m).(2) IC 32-25.5-3-9.(3) IC 32-25.5-3-10.(4) IC 32-25.5-3-11.(5) IC 32-25.5-4.(6) IC 32-25.5-5.As added by P.L.167-2009, SEC.2. Amended by P.L.49-2011, SEC.1; P.L.231-2013, SEC.10; P.L.141-2015, SEC.6; P.L.148-2015, SEC.17; P.L.164-2016, SEC.4; P.L.27-2017, SEC.1.
IN Code § 32-25.5-2-1 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 2. Definitions|32-25.5-2-1. Applicability

Sec. 1. The definitions in this chapter apply throughout this article.As added by P.L.167-2009, SEC.2.
IN Code § 32-25.5-2-2 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 2. Definitions|32-25.5-2-2. "Board"

Sec. 2. "Board" refers to the board of directors of a homeowners association.As added by P.L.167-2009, SEC.2.
IN Code § 32-25.5-2-3 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 2. Definitions|32-25.5-2-3. "Governing Documents"

Sec. 3. "Governing documents" includes the following:(1) The articles of incorporation and bylaws of a homeowners association and all adopted amendments to the articles of incorporation and bylaws.(2) Any applicable covenants filed with the office of the county recorder of the applicable county recorder, whether contained in a declaration of covenants, contained in conditions and restrictions (or similarly titled document), or contained within a plat.As added by P.L.167-2009, SEC.2. Amended by P.L.141-2015, SEC.7.
IN Code § 32-25.5-2-4 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 2. Definitions|32-25.5-2-4. "Homeowners Association"

Sec. 4. "Homeowners association" means a corporation or another entity that:(1) is organized and operated exclusively for the benefit of two (2) or more persons who each own a dwelling in fee simple;(2) acts, in accordance with the articles, bylaws, or other documents governing the corporation or entity, to:(A) acquire, transfer, manage, repair, maintain, or engage in construction on or in the land and improvements on the land related to the use of the dwellings owned by the members of the corporation or entity;(B) purchase insurance to cover a casualty or an activity on or in the land and improvements on the land;(C) engage in an activity incidental to an activity described in clause (A) or (B); or(D) engage in more than one (1) of the activities described in clauses (A) through (C); and(3) may be governed by a board that serves the purpose of setting policy and controlling or otherwise overseeing the activities or functional responsibilities of the corporation or entity.As added by P.L.167-2009, SEC.2.
IN Code § 32-25.5-2-5 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 2. Definitions|32-25.5-2-5. "Subdivision"

Sec. 5. "Subdivision" means the division of a parcel of land into lots, parcels, tracts, units, or interests in the manner defined and prescribed by a subdivision control ordinance adopted by a legislative body under IC 36-7-4.As added by P.L.167-2009, SEC.2.
IN Code § 32-25.5-3-1 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 3. Homeowners Associations|32-25.5-3-1. Roster of Members; Member Addresses

Sec. 1. (a) A homeowners association shall maintain:(1) a current roster of all members of the association; and(2) the mailing address and legal description for each member of the association.(b) The homeowners association shall also maintain any electronic mail addresses or facsimile (fax) numbers of those members who have consented to receive notice by electronic mail or facsimile (fax). Electronic mail addresses and facsimile (fax) numbers provided by a member to receive notice by electronic mail or facsimile (fax) shall be removed from the association's records when the member revokes consent to receive notice by electronic mail or facsimile (fax). However, the association is not liable for an erroneous disclosure of an electronic mail address or a facsimile (fax) number for receiving notices.(c) The mailing addresses and legal descriptions maintained by a homeowners association under subsection (a):(1) shall be made available to a member of the homeowners association upon request;(2) may be used by a member of the homeowners association only for a purpose related to the operation of the homeowners association; and(3) may not be used by a member of the homeowners association for personal reasons.(d) Except as provided in subsection (c), a homeowners association may not sell, exchange, or otherwise transfer information maintained by the homeowners association under this section to any person.As added by P.L.167-2009, SEC.2.
IN Code § 32-25.5-3-2 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 3. Homeowners Associations|32-25.5-3-2. Special Meetings

Sec. 2. (a) In addition to any other meeting held by a board, a board shall hold a special meeting of the members of a homeowners association if at least ten percent (10%) of the members of the homeowners association submit to the board at least one (1) written demand for the special meeting that:(1) describes the purpose for which the meeting is to be held; and(2) is signed by the members requesting the special meeting.(b) If a board does not send out a notice of the date, time, and place for a special meeting not more than thirty (30) days after the date the board receives a valid written demand for the special meeting under subsection (a), a member of the homeowners association who signed the written demand may:(1) set the date, time, and place for the special meeting; and(2) send out the notice for the special meeting to the other members.As added by P.L.167-2009, SEC.2. Amended by P.L.1-2010, SEC.128.
IN Code § 32-25.5-3-3.5 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 3. Homeowners Associations|32-25.5-3-3.5. Homeowners Association Distributing Water or Sewer Service; Not Considered Public Utility

Sec. 3.5. A homeowners association (including a board acting on behalf of a homeowners association) that distributes water or sewage disposal service from a water or sewer utility to one (1) or more members of the homeowners association is not a public utility solely by reason of engaging in this activity if the homeowners association complies with IC 8-1-2-1.2.As added by P.L.62-2019, SEC.3.
IN Code § 32-25.5-3-4 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 3. Homeowners Associations|32-25.5-3-4. Approval of Certain Contracts; Meeting; Vote

Sec. 4. (a) This section does not apply to:(1) a contract entered into by a board that would resolve, settle, or otherwise satisfy an act of enforcement against a homeowners association for violating a state or local law; or(2) a contract under IC 36-9-27.8.(b) A board may not enter into any contract that would result in a new assessment or the increase in an existing assessment payable by the affected members of the homeowners association in the amount of more than five hundred dollars ($500) per year for each affected member of the homeowners association unless:(1) the board holds at least two (2) homeowners association meetings concerning the contract; and(2) the contract is approved by the affirmative vote of at least two-thirds (2/3) of the affected members of the homeowners association.(c) A board shall give notice of the first homeowners association meeting held under subsection (b):(1) to each member of the homeowners association; and(2) at least seven (7) calendar days before the date the meeting occurs.As added by P.L.167-2009, SEC.2. Amended by P.L.139-2018, SEC.1.
IN Code § 32-25.5-3-5 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 3. Homeowners Associations|32-25.5-3-5. Borrowing Money; Approval by Members

Sec. 5. (a) This section does not apply to money borrowed by a homeowners association that is needed to:(1) resolve, settle, or otherwise satisfy an act of enforcement against the homeowners association for violating a state or local law; or(2) address an emergency that affects the public health, safety, or welfare.(b) A homeowners association may not borrow money during any calendar year on behalf of the homeowners association in an amount that exceeds the greater of:(1) five thousand dollars ($5,000) during any calendar year; or(2) if the homeowners association operated under an annual budget in the previous calendar year, an amount equal to at least ten percent (10%) of the previous annual budget of the homeowners association;unless borrowing the money is approved by the affirmative vote of a majority of the members of the homeowners association voting under this section.(c) A person who owns a lot, parcel, tract, unit, or interest in land in a subdivision may cast one (1) vote under this section for each lot, parcel, tract, unit, or interest in land in the subdivision that is owned by the person unless the governing documents provide for a different voting procedure.(d) A vote held under this section must be conducted by paper ballot.(e) A homeowners association shall distribute paper ballots to persons eligible to vote under this section at least thirty (30) days before the date the votes are to be opened and counted.(f) Votes cast under this section shall be opened and counted at a public meeting held by the homeowners association.As added by P.L.167-2009, SEC.2.
IN Code § 32-25.5-3-7 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 3. Homeowners Associations|32-25.5-3-7. Member Voting Rights

Sec. 7. A homeowners association may not suspend the voting rights of a member for nonpayment of any assessments unless:(1) the governing documents provide for suspension; and(2) the assessments are delinquent for more than six (6) months.As added by P.L.167-2009, SEC.2.
IN Code § 32-25.5-3-9 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 3. Homeowners Associations|32-25.5-3-9. Amending Governing Documents; Consents Required

Sec. 9. The governing documents must contain a provision allowing the owners to amend the governing documents at any time, from time to time, subject to the following:(1) The declarant's consent to an amendment may be required if:(A) the declarant owns one (1) or more units within the subdivision; and(B) not more than seven (7) years have passed since the original governing documents were first recorded.(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.(3) If the consent of first mortgage holders is required, only first mortgage holders that provide an address to the secretary of the board must be notified. The consent of a first mortgage holder must be indicated in a written instrument signed by the mortgage holder. However, a mortgage holder is considered to have consented to a proposed amendment if the mortgage holder does not respond to a written request for consent within thirty (30) days after the mortgage holder receives the request. The governing documents may not require that the consent of more than seventy-five percent (75%) of first mortgage holders eligible to receive notice is required for consent under this subdivision.(4) Notwithstanding subdivisions (1) through (3), the governing documents may require the approval of at least ninety-five percent (95%) of the owners to convey common areas or to dissolve the plan of governance for the homeowners association.As added by P.L.141-2015, SEC.11. Amended by P.L.164-2016, SEC.6.
IN Code § 32-25.5-3-10 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 3. Homeowners Associations|32-25.5-3-10. Member Meeting Proxies; Requirements; Retention; Methods of Submission

Sec. 10. (a) This section applies to a proxy given by a member of a homeowners association.(b) A proxy that does not comply with this subsection is void. A proxy must include all the following:(1) The name and address of the member giving the proxy.(2) The name of the individual empowered to exercise the member's proxy.(3) The date on which the proxy is given.(4) The date of the meeting for which the proxy is given.(5) The member's signature, whether executed by hand or as an electronic signature.(6) An affirmation under the penalties for perjury that the individual signing the proxy has the authority to grant the proxy to the individual named in the proxy to exercise the member's proxy.(c) A member may state in a proxy that the proxy is limited in its use to specific matters described in the proxy.(d) A member may give a proxy for the meeting referred to in subsection (b)(4) and any continuation of that meeting, if the proxy states that it expires on a stated date that may not be more than one hundred eighty (180) days after the date on which the proxy is given.(e) A member may create and use a proxy form designed by the member if the form complies with the requirements of subsection (b).(f) A proxy, or a copy of the proxy, regardless of whether the copy is a paper copy or an electronic copy, that is exercised for any purpose at a meeting must be kept with the records of the meeting.(g) Notwithstanding subsection (b)(6), a member may submit a proxy that complies with this section by:(1) hand delivery;(2) United States mail;(3) facsimile; or(4) electronic mail or other electronic means.As added by P.L.141-2015, SEC.12. Amended by P.L.27-2017, SEC.2.
IN Code § 32-25.5-3-11 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 3. Homeowners Associations|32-25.5-3-11. Meeting to Appoint or Elect Board Members; Failure to Achieve Quorum; Authority to Enforce Governing Documents

Sec. 11. (a) If:(1) a meeting of a homeowners association is called in accordance with the requirements of the homeowners association's governing documents, regardless of whether the meeting is:(A) an annual meeting;(B) a special meeting; or(C) any other meeting called by the board or the members;(2) a purpose of the meeting is the election or appointment of members of the board of directors of the homeowners association; and(3) the number of members of the homeowners association in attendance at the meeting does not constitute a quorum as defined in the governing documents of the homeowners association;the members of the board of directors at the time of the meeting may continue to serve until their successors are selected and qualified, regardless of the length of any member's term or the number of terms the member has served.(b) The failure of a homeowners association to achieve a quorum at a meeting described in subsection (a) does not exempt any member from, or create an affirmative defense for any member with respect to:(1) the member's obligations under the homeowners association's governing documents; or(2) the member's obligations to otherwise abide by covenants regulating:(A) the use of real estate; or(B) the payment of assessments.(c) If a homeowners association's governing documents permit both the homeowners association and members of the homeowners association to enforce provisions of the governing documents, the homeowners association has authority both:(1) as a corporation or an entity; and(2) as derived from the members of the homeowners association's board;to enforce the governing documents of the homeowners association.As added by P.L.27-2017, SEC.3.