reglab/housing_qa huggingface dataset:
IN Code § 32-25.5-4-1 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 4. Attorney General Actions|32-25.5-4-1. Attorney General's Action Against Association or Board Member; Misappropriation or Fraud; Proxy Violations; Budgeting Violations

Sec. 1. The attorney general may bring an action against a board of a homeowners association or an individual member of a board of a homeowners association if the attorney general finds that any of the following apply:(1) The association's funds have been knowingly or intentionally misappropriated or diverted by a board member.(2) A board member has knowingly or intentionally used the board member's position on the board to commit fraud or a criminal act against the association or the association's members.(3) A proxy was exercised, or was allowed to be exercised, in violation of IC 32-25.5-3-10.(4) A violation of IC 32-25.5-3-3 has occurred.As added by P.L.141-2015, SEC.13. Amended by P.L.164-2016, SEC.7.
IN Code § 32-25.5-4-2 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 4. Attorney General Actions|32-25.5-4-2. Court Remedies; Imposition of Civil Penalties; Limitations

Sec. 2. (a) A court in which an action is brought under this chapter may do the following:(1) Issue an injunction.(2) Order the board member to make restitution to the homeowners association or to a member of the homeowners association.(3) Order a board member to be removed from the board.(4) Order a board member to reimburse the state for the reasonable costs of the attorney general's investigation and prosecution of the violation.(5) Impose a civil penalty on a member of the board of a homeowners association or on another individual, as appropriate, determined by the court to have taken an action described in section 1(1), 1(2), or 1(3) of this chapter.(b) A civil penalty imposed under subsection (a)(5) may not exceed five hundred dollars ($500) for each action described in section 1(1), 1(2), or 1(3) of this chapter that the board member is determined by the court to have taken. The proceeds of a civil penalty imposed under subsection (a)(5) shall be deposited in the state general fund.As added by P.L.141-2015, SEC.13. Amended by P.L.164-2016, SEC.8.
IN Code § 32-25.5-5-1 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-1. Application of Chapter to Exempt Claims

Sec. 1. This chapter does not apply to an exempt claim unless the parties agree that this chapter is applicable to the exempt claim.As added by P.L.141-2015, SEC.14.
IN Code § 32-25.5-5-2 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-2. "Claim"

Sec. 2. (a) As used in this chapter, "claim" refers to any of the following:(1) A claim arising out of or relating to the interpretation, application, or enforcement of the governing documents.(2) A claim relating to the rights or duties of the homeowners association or the board under the governing documents.(3) A claim relating to the maintenance of the subdivision.(4) Any other claim, grievance, or dispute among the parties involving the subdivision or the homeowners association.(b) The term does not include an exempt claim.As added by P.L.141-2015, SEC.14. Amended by P.L.164-2016, SEC.9.
IN Code § 32-25.5-5-3 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-3. "Claimant"

Sec. 3. As used in this chapter, "claimant" refers to a party who has a claim against another party.As added by P.L.141-2015, SEC.14.
IN Code § 32-25.5-5-4 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-4. "Exempt Claim"

Sec. 4. As used in this chapter, "exempt claim" refers to any of the following claims or actions:(1) A claim by the homeowners association for assessments or dues and any action by the association to collect assessments or dues.(2) An action by a party to obtain a temporary restraining order or equivalent emergency equitable relief:(A) to maintain the status quo and preserve the party's ability to enforce the governing documents; or(B) when an emergency condition exists that jeopardizes the health or safety of any of the residents within the community governed by the homeowners association.(3) A suit to which an applicable statute of limitations would expire within the notice period. This subdivision does not apply if a party against which the claim is made agrees to toll the statute of limitations as to the claim for the period reasonably necessary to comply with this chapter.(4) A dispute that is subject to mediation, arbitration, or other alternate dispute resolution under applicable law, contract, warranty agreement, or other instrument.(5) A claim that is substantively identical to a claim:(A) that was previously addressed by the parties; or(B) that was resolved by a judicial determination in favor of one (1) of the parties.As added by P.L.141-2015, SEC.14.
IN Code § 32-25.5-5-5 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-5. "Legal Proceedings"

Sec. 5. As used in this chapter, "legal proceedings" refers to either of the following:(1) An action maintained in a court.(2) An administrative proceeding initiated under an applicable law.As added by P.L.141-2015, SEC.14.
IN Code § 32-25.5-5-6 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-6. "Party"

Sec. 6. As used in this chapter, "party" refers to any of the following:(1) The homeowners association.(2) A member of the homeowners association.(3) The board.As added by P.L.141-2015, SEC.14.
IN Code § 32-25.5-5-7 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-7. "Respondent"

Sec. 7. As used in this chapter, "respondent" refers to the party against whom a claimant has a claim.As added by P.L.141-2015, SEC.14.
IN Code § 32-25.5-5-9 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-9. Requirements for Claimant to Begin Legal Proceedings

Sec. 9. A claimant may not initiate a legal proceeding seeking redress or resolution of a claim until the claimant has complied with the procedures described in this chapter.As added by P.L.141-2015, SEC.14.
IN Code § 32-25.5-5-10 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-10. Notice of Claim; Required Information

Sec. 10. A claimant must provide notice of the claim to the respondent, stating plainly and concisely the following information:(1) The nature of the claim, including the date, time, location, persons involved, and the respondent's role in the claim.(2) The basis of the claim, including the provision of the governing documents or other authority out of which the claim arises.(3) What the claimant wants the respondent to do or not to do to resolve the claim.(4) That the respondent has a right to meet with the claimant, if the respondent makes a written request for a meeting.(5) The name and address of the person from whom the respondent must request a meeting under subdivision (4).As added by P.L.141-2015, SEC.14.
IN Code § 32-25.5-5-11 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-11. Negotiation Meeting; Access to Subject Property

Sec. 11. (a) This section applies if a respondent has requested a meeting under section 10 of this chapter not later than ten (10) business days after the date of the notice of the claim given under section 10 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.14.
IN Code § 32-25.5-5-12 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-12. Impasse; Submission of Claim to Mediation or Binding Arbitration; Costs of Mediator or Arbitrator

Sec. 12. (a) The parties are considered to be at an impasse if:(1) the respondent does not request a meeting under section 10 of this chapter;(2) either party fails to attend a meeting agreed upon under section 11 of this chapter; or(3) the parties are unable to settle the claim at a meeting held under section 11 of this chapter.(b) Either party may, not later than ten (10) days after an impasse is reached, request in writing to the other party 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.14.
IN Code § 32-25.5-5-13 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-13. Impasse; Beginning Legal Proceedings

Sec. 13. 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.14.
IN Code § 32-25.5-5-14 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-14. Settlement of Claim Through Negotiation, Mediation, or Arbitration; Legal Proceedings; Recovery of Costs

Sec. 14. (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.14.
IN Code § 32-25.5-5-15 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-15. Effect of Release or Discharge

Sec. 15. 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.14.
IN Code § 32-25.5-5-16 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-16. Powers of Board

Sec. 16. The board, on behalf of the homeowners association, and without the consent of the members of the homeowners association, 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 documents resulting from application of this chapter.As added by P.L.141-2015, SEC.14.
IN Code § 32-25.5-5-17 (2021)
2021 Indiana Code|Title 32. Property|Article 25.5. Homeowners Associations|Chapter 5. Grievance Resolution|32-25.5-5-17. Costs of Each Party

Sec. 17. 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.14.
IN Code § 32-26-1-1 (2021)
2021 Indiana Code|Title 32. Property|Article 26. Fences|Chapter 1. Fencing Associations|32-26-1-1. Enclosure of Lands; Articles of Association

Sec. 1. (a) Five (5) or more persons may form a fencing association if the persons are interested in:(1) enclosing land with one (1) general fence; or(2) doing any other work necessary to protect land and to secure crops raised on land.(b) The enclosed land described in subsection (a) must be:(1) improved land;(2) used for purposes of cultivation; and(3) situated in an area that is:(A) definitely described by sections or subdivisions of sections; or(B) sufficiently described by metes and bounds, and on or near any stream, watercourse, lake, pond, or marsh, and subject to overflow from any stream, watercourse, lake, pond, or marsh.(c) The association shall adopt and subscribe articles, which must specify the name and objects of the association.[Pre-2002 Recodification Citation: 32-10-1-1.]As added by P.L.2-2002, SEC.11.
IN Code § 32-26-1-2 (2021)
2021 Indiana Code|Title 32. Property|Article 26. Fences|Chapter 1. Fencing Associations|32-26-1-2. Notice of Election of Directors

Sec. 2. (a) Three (3) or more members of the association may give notice of an election to choose directors for the association.(b) The notices must:(1) be written or printed;(2) specify the time and location of the election; and(3) be posted for at least ten (10) days before the election in at least five (5) public places in each township where the contemplated work will occur.(c) The location of the election must be near the contemplated work.[Pre-2002 Recodification Citation: 32-10-1-2.]As added by P.L.2-2002, SEC.11.
IN Code § 32-26-1-3 (2021)
2021 Indiana Code|Title 32. Property|Article 26. Fences|Chapter 1. Fencing Associations|32-26-1-3. Election of Directors

Sec. 3. At the election, at least five (5) of the association members shall elect by ballot at least three (3) but not more than seven (7) association members as directors of the association.[Pre-2002 Recodification Citation: 32-10-1-3.]As added by P.L.2-2002, SEC.11.
IN Code § 32-26-1-4 (2021)
2021 Indiana Code|Title 32. Property|Article 26. Fences|Chapter 1. Fencing Associations|32-26-1-4. Articles of Association; Recording

Sec. 4. (a) After the election of directors, the association shall record articles of association in the office of the recorder of the county where the proposed fence will be located.(b) The articles must specify the following:(1) The name and objects of the association.(2) The names of the association's officers for the first year.(3) The character of the work proposed.(4) The location where the fence is to be located.(c) After recording the articles of association, the association is a body corporate and politic by the name and style adopted, with all the rights, incidents, and liabilities of bodies corporate.(d) Any person owning land in the area may at any time become a member of the association by signing the articles of association.[Pre-2002 Recodification Citation: 32-10-1-4.]As added by P.L.2-2002, SEC.11.
IN Code § 32-26-1-5 (2021)
2021 Indiana Code|Title 32. Property|Article 26. Fences|Chapter 1. Fencing Associations|32-26-1-5. Petition; Viewers; Examination and Apportionment of Assessments

Sec. 5. (a) The board of directors shall petition the board of commissioners of the county where the fence is to be located.(b) The petition must do the following:(1) Be signed by the owners of the major part of the improved land.(2) Give a full description of the contemplated work, specifying particularly:(A) the points of beginning and ending of the work;(B) the course and distances of the work;(C) the manner and character of the gates to be placed on all public highways crossed;(D) the nature and character of the improvement;(E) a detailed statement of the projected cost, as accurately as the projected cost can conveniently be stated; and(F) the description of the area to be enclosed.(3) Request the appointment of viewers to view and apportion among the owners of real estate in the area the cost of the improvement, and all expenses that:(A) are incurred procuring the improvement; and(B) are considered to be necessary in maintaining the improvement for one (1) year after the completion of the fence.(c) The apportionment of the cost and expenses incurred under this chapter must be made according to the number of acres of land owned by each landowner that is improved and used for the purposes of cultivation, as described in section 6 of this chapter.(d) The board of commissioners, on proof that the signers of the petition own the major part of the improved land in the area, shall hear and consider the petition. If the board of commissioners decides the improvement is a public utility and is in the best interests of the owners of the lands in the area, the board of commissioners shall appoint three (3) viewers.(e) The viewers, who may not be members of the association or interested in the proposed work, shall make the apportionments described in subsection (b)(3) among the landowners.(f) The viewers shall be furnished:(1) a copy of the plan and profile of the proposed work; and(2) a certified copy of the order of the board of commissioners for their appointment.(g) The viewers shall meet at a time and place in the area to make the apportionment as fixed by the board of commissioners.(h) Before the apportionment begins, the owners of improved land in the area are entitled to notice of the time when and place where the viewers will begin the examination of lands and the apportionment of assessments by written or printed notices posted at the door of the courthouse of the county and five (5) public places in the area.[Pre-2002 Recodification Citation: 32-10-1-5.]As added by P.L.2-2002, SEC.11.
IN Code § 32-26-1-6 (2021)
2021 Indiana Code|Title 32. Property|Article 26. Fences|Chapter 1. Fencing Associations|32-26-1-6. Assessments; Costs and Expenses of Improvements

Sec. 6. (a) At the time and place named by the board of commissioners and fixed by the notices, the appointed viewers shall do the following:(1) Meet and inspect the lands improved and used for cultivation in the area.(2) Assess against the owners of the improved land the costs and expenses of the improvement. The costs and expenses shall be apportioned among them severally, according to the number of acres of improved land owned by each owner.(3) Hear and determine any complaints at that time regarding the assessment.(b) The appointed viewers have the authority to:(1) hear evidence;(2) swear and examine witnesses;(3) reexamine any lands;(4) cause surveys and measurements to be made; and(5) adjourn periodically until the viewers complete the apportionment of assessments.[Pre-2002 Recodification Citation: 32-10-1-6.]As added by P.L.2-2002, SEC.11.
IN Code § 32-26-1-7 (2021)
2021 Indiana Code|Title 32. Property|Article 26. Fences|Chapter 1. Fencing Associations|32-26-1-7. Viewers' Report and Assessments

Sec. 7. (a) The appointed viewers, after having completed their apportionment, shall submit a written report of their work to the board of commissioners, together with a tabular statement of the assessments made.(b) The directors of the association shall record the written report by the appointed viewers in the office of the recorder of the county.(c) From the recording date of the written report, the assessments in the written report shall be respectively a lien on each tract of land described in the written report for the amount assessed to the tract.[Pre-2002 Recodification Citation: 32-10-1-7.]As added by P.L.2-2002, SEC.11.
IN Code § 32-26-1-8 (2021)
2021 Indiana Code|Title 32. Property|Article 26. Fences|Chapter 1. Fencing Associations|32-26-1-8. Annual Assessments

Sec. 8. (a) The board of directors may make annual assessments after the first assessment for the purpose of repairing and maintaining the improvement and for other necessary expenses.(b) The board of directors shall apportion the annual assessments among the owners and file a tabular statement of the apportionment and assessment in the recorder's office.(c) The tabular statement of the apportionment and assessment is a lien on the tracts of land respectively assessed and may be collected in the same manner as the original assessment.[Pre-2002 Recodification Citation: 32-10-1-8.]As added by P.L.2-2002, SEC.11.
IN Code § 32-26-1-9 (2021)
2021 Indiana Code|Title 32. Property|Article 26. Fences|Chapter 1. Fencing Associations|32-26-1-9. Fences Erected Before Present Law

Sec. 9. (a) If the owners of land have, under or by virtue of any law of Indiana or by mutual consent, erected a fence before March 14, 1877, as described in this chapter, the landowners may:(1) organize an association according to the provisions of this chapter;(2) file their articles of association in the office of the recorder; and(3) petition the board of commissioners as provided in subsection (b).(b) The petition must show that:(1) the fence was built before March 14, 1877; and(2) the goal of the organization is to maintain the fence in good order and repair, as though built under this chapter.(c) The board of commissioners shall consider the petition. If the board of commissioners is satisfied that:(1) the owners of the major part of the land improved and used for the purposes of cultivation enclosed by the fence signed the petition; and(2) the maintenance of the improvement is of public utility and for the best interests of the owners of the land in the area;the board of commissioners shall make an order allowing the board of directors of the association to make assessments for that purpose, as provided in section 8 of this chapter.(d) After the directors of the association follow the steps provided in section 8 of this chapter, the association is a body corporate and politic, as though originally organized under this chapter, and has all the rights and powers granted in this chapter.(e) All liens that then exist in favor of any creditor that financed the improvement, or against any lands on account of the improvement, shall be preserved and may be enforced, either according to the law under which the liens were created or according to this chapter.[Pre-2002 Recodification Citation: 32-10-1-9.]As added by P.L.2-2002, SEC.11.
IN Code § 32-26-1-10 (2021)
2021 Indiana Code|Title 32. Property|Article 26. Fences|Chapter 1. Fencing Associations|32-26-1-10. Officers of Fencing Association

Sec. 10. (a) The board of directors shall appoint a president, secretary, and treasurer.(b) The treasurer shall give a bond:(1) sufficient in penalties and securities;(2) payable to the association by its corporate name; and(3) conditioned for:(A) the faithful discharge of the treasurer's duties; and(B) the safekeeping and prompt payment, according to the order of the board of directors, of all money accessible to the treasurer.(c) A majority of the board of directors is a quorum for the transaction of business.(d) Previous notice of any regular or adjourned meeting of the directors is not necessary.[Pre-2002 Recodification Citation: 32-10-1-10.]As added by P.L.2-2002, SEC.11.
IN Code § 32-26-1-11 (2021)
2021 Indiana Code|Title 32. Property|Article 26. Fences|Chapter 1. Fencing Associations|32-26-1-11. Vacancy in Office of Director

Sec. 11. If a vacancy occurs in the office of director, the other members of the board shall fill the vacancy by a pro tempore appointment from the members of the association. The appointment continues until the next annual election and until a successor is elected and qualified.[Pre-2002 Recodification Citation: 32-10-1-11.]As added by P.L.2-2002, SEC.11.
IN Code § 32-26-1-12 (2021)
2021 Indiana Code|Title 32. Property|Article 26. Fences|Chapter 1. Fencing Associations|32-26-1-12. Officers of Association; Term of Office

Sec. 12. The president, secretary, and treasurer continue in office for one (1) year and until their successors in office are elected and qualified.[Pre-2002 Recodification Citation: 32-10-1-12.]As added by P.L.2-2002, SEC.11.