reglab/housing_qa huggingface dataset:
IN Code § 32-25-6-1 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 6. Liens and Encumbrances|32-25-6-1. Liens and Encumbrances

Sec. 1. (a) After a declaration is recorded under this article and while the property remains subject to this article, a lien may not arise or be effective against the property as a whole. Except as provided in subsection (b), liens or encumbrances may arise or be created only against:(1) each condominium unit; and(2) the undivided interest in the common areas and facilities appurtenant to each unit;in the same manner and under the same conditions as liens or encumbrances may arise or be created against any other parcel of real property.(b) Labor performed or materials furnished with the consent or at the request of a condominium unit owner, the owner's agent, or the owner's contractor or subcontractor may not be the basis for filing a lien under any lien law against the condominium unit or any other property of any other co-owner not expressly consenting to or requesting the performance of the labor or the furnishing of the materials. However, express consent is considered to be given by the owner of any condominium unit in the case of emergency repairs to the condominium unit. Labor performed or materials furnished for the common areas and facilities, if authorized by the association of co-owners, the manager, or board of directors in accordance with this article, the declaration, or the bylaws:(1) are considered to be performed or furnished with the express consent of each co-owner;(2) constitute the basis for the filing of a lien under any lien law against each of the condominium units; and(3) are subject to subsection (c).(c) If a lien against two (2) or more condominium units becomes effective, the owner of a condominium unit against which the lien is effective may remove the owner's:(1) unit; and(2) undivided interest in the common areas and facilities appurtenant to the unit;from the lien by payment of the fractional or proportional amounts attributable to the unit. After the payment, discharge of the lien, or other satisfaction of the lien, the condominium unit and the undivided interest in the common areas and facilities appurtenant to the condominium unit are free and clear of the lien. A partial payment, partial satisfaction of the lien, or discharge of the lien may not prevent the lienholder from proceeding against any condominium unit and the undivided interest in the common areas and facilities appurtenant to the condominium unit that remain subject to the lien.[Pre-2002 Recodification Citation: 32-1-6-10.]As added by P.L.2-2002, SEC.10.
IN Code § 32-25-6-2 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 6. Liens and Encumbrances|32-25-6-2. Common Areas; Transferable Easements for Making Improvements

Sec. 2. Subject to any restrictions and limitations in the condominium instruments, the declarant has a transferable easement over and upon the common areas and facilities for the purpose of:(1) making improvements within:(A) the condominium; or(B) additional real estate;under those instruments and this article; and(2) doing all things reasonably necessary and proper in connection with the improvements referred to in subdivision (1).[Pre-2002 Recodification Citation: 32-1-6-15.4.]As added by P.L.2-2002, SEC.10.
IN Code § 32-25-6-3 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 6. Liens and Encumbrances|32-25-6-3. Unpaid Assessments; Lien

Sec. 3. (a) All sums assessed by the association of co-owners but unpaid for the share of the common expenses chargeable to any condominium unit constitute a lien on the unit effective at the time of assessment. The lien has priority over all other liens except:(1) tax liens on the condominium unit in favor of any:(A) assessing unit; or(B) special district; and(2) all sums unpaid on a first mortgage of record.(b) A lien under subsection (a) may be filed and foreclosed by suit by the manager or board of directors, acting on behalf of the association of co-owners, under laws of Indiana governing mechanics' and materialmen's liens. In any foreclosure under this subsection:(1) the condominium unit owner shall pay a reasonable rental for the unit, if payment of the rental is provided in the bylaws; and(2) the plaintiff in the foreclosure is entitled to the appointment of a receiver to collect the rental.(c) The manager or board of directors, acting on behalf of the association of co-owners, may, unless prohibited by the declaration:(1) bid on the condominium unit at foreclosure sale; and(2) acquire, hold, lease, mortgage, and convey the condominium unit.(d) Suit to recover a money judgment for unpaid common expenses is maintainable without foreclosing or having the lien securing the expenses.(e) If the mortgagee of a first mortgage of record or other purchaser of a condominium unit obtains title to the unit as a result of foreclosure of the first mortgage, the acquirer of title, or the acquirer's successors and assigns, is not liable for the share of the common expenses or assessments by the association of co-owners chargeable to the unit that became due before the acquisition of title to the unit by the acquirer. The unpaid share of common expenses or assessments is considered to be common expenses collectible from all of the co-owners, including the acquirer or the acquirer's successors and assigns.[Pre-2002 Recodification Citation: 32-1-6-24.]As added by P.L.2-2002, SEC.10.
IN Code § 32-25-7-1 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 7. Declaration|32-25-7-1. Recording Declaration; Contents

Sec. 1. (a) The owner of the land on which a condominium is declared shall record with the recorder of the county in which the land is situated a declaration. Except as provided in section 2 or 3 of this chapter, the declaration must include the following:(1) A description of the land on which the building and improvements are or are to be located.(2) A description of the building, stating:(A) the number of stories and basements; and(B) the number of condominium units.(3) A description of the common areas and facilities.(4) A description of the limited common areas and facilities, if any, stating to which condominium units their use is reserved.(5) The percentage of undivided interest in the common areas and facilities appertaining to each condominium unit and its owner for all purposes, including voting.(6) A statement of the percentage of votes by the condominium unit owners required to determine whether to:(A) rebuild;(B) repair;(C) restore; or(D) sell;the property if all or part of the property is damaged or destroyed.(7) Any covenants and restrictions in regard to the use of:(A) the condominium units; and(B) common areas and facilities.(8) Any further details in connection with the property that:(A) the person executing the declaration considers desirable; and(B) are consistent with this article.(9) The method by which the declaration may be amended in a manner consistent with this chapter.(10) This subdivision applies only to a condominium located on the shore of a lake located in a township with a population of more than three thousand (3,000) but less than three thousand one hundred (3,100) located in a county having a population of more than forty-seven thousand (47,000) but less than forty-seven thousand five hundred (47,500). A statement of the percentage of votes by the condominium unit owners required to convey or encumber part or all of the common areas and facilities. A statement under this subdivision may not allow less than ninety-five percent (95%) of the condominium unit owners, or less than ninety-five percent (95%) of the owners of condominium units not owned by the declarant, to convey or encumber part or all of the common areas and facilities. If the declaration does not include a statement under this subdivision, IC 32-25-4-3.5 applies.(b) A true copy of the bylaws shall be annexed to and made a part of the declaration.(c) The record of the declaration shall contain a reference to the:(1) book;(2) page; and(3) date of record;of the floor plans of the building affected by the declaration.[Pre-2002 Recodification Citation: 32-1-6-12.]As added by P.L.2-2002, SEC.10. Amended by P.L.181-2007, SEC.3; P.L.119-2012, SEC.162.
IN Code § 32-25-7-2 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 7. Declaration|32-25-7-2. Expandable Condominiums; Contents of Declaration

Sec. 2. (a) If a condominium is an expandable condominium, the declaration shall contain, in addition to the matters specified in section 1 of this chapter:(1) a general plan of development showing:(A) the property subject to the condominium;(B) areas into which expansion may be made; and(C) the maximum number of condominium units in additional phases that may be added;(2) a schedule or formula for determining the percentage of undivided interests in the common areas and facilities that will appertain to each condominium unit as each additional phase is added; and(3) a time limit, not exceeding ten (10) years, within which the phase or phases may be added to the condominium.(b) If additional phases are not developed within five (5) years after the recordation of the declaration, the development of additional phases is not considered to be part of:(1) a common scheme; and(2) development of the entire condominium.[Pre-2002 Recodification Citation: 32-1-6-12.1.]As added by P.L.2-2002, SEC.10.
IN Code § 32-25-7-3 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 7. Declaration|32-25-7-3. Contractable Condominiums; Contents of Declaration

Sec. 3. If a condominium is a contractable condominium, the declaration shall contain, in addition to matters specified in section 1 of this chapter:(1) an explicit reservation of an option to contract the condominium;(2) a statement of any limitations on the option to contract the condominium;(3) a date, not later than ten (10) years after the recording of the declaration, upon which the option to contract the condominium will expire;(4) a statement of any circumstances that will terminate the option to contract the condominium before the expiration date referred to in subdivision (3);(5) a legally sufficient description of all withdrawable land;(6) a statement as to whether portions of the withdrawable land may be withdrawn from the condominium at different times; and(7) a statement of any limitations:(A) fixing the boundaries of portions of the withdrawable land; or(B) regulating the order in which the portions may be withdrawn.[Pre-2002 Recodification Citation: 32-1-6-12.2.]As added by P.L.2-2002, SEC.10.
IN Code § 32-25-7-4 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 7. Declaration|32-25-7-4. Floor Plans

Sec. 4. (a) Simultaneously with the recording of the declaration, a set of floor plans of the condominium or building shall be filed in the office of the county recorder. The set of floor plans must include the following:(1) The relation of the condominium or building to lot lines.(2) The:(A) layout;(B) elevation;(C) location;(D) unit numbers; and(E) dimensions;of the condominium units.(3) The name of the condominium or building, or that it has no name.(4) The verified statement of a registered architect or licensed professional engineer certifying that the set of floor plans is an accurate copy of portions of the plans of the building as filed with and approved by the municipal or other governmental subdivision having jurisdiction over the issuance of permits for the construction of buildings.(b) If the set of floor plans referred to in subsection (a) does not include a verified statement by an architect or engineer that the plans fully and accurately depict the layout, location, unit numbers, and dimensions of the condominium units as built, an amendment to the declaration must be recorded before the first conveyance of any condominium unit. The amendment to the declaration must have attached to it a verified statement of a registered architect or licensed professional engineer certifying that the filed set of floor plans or the set of floor plans being filed simultaneously with the amendment fully and accurately depicts the layout, location, unit numbers, and dimensions of the condominium units as built. The set of floor plans shall:(1) be kept by the recording officer in a separate file for each building;(2) be indexed in the same manner as a conveyance entitled to be recorded;(3) be numbered serially in the order of receipt;(4) be designated "condominium unit ownership", with the name of the building, if any; and(5) contain a reference to the:(A) book;(B) page; and(C) date of recording;of the amendment to the declaration.(c) The record of the amendment to the declaration referred to in subsection (b) shall contain a reference to the file number of the set of floor plans of the building affected by the amendment to the declaration.[Pre-2002 Recodification Citation: 32-1-6-13.]As added by P.L.2-2002, SEC.10.
IN Code § 32-25-7-5 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 7. Declaration|32-25-7-5. Designation; Conveyance

Sec. 5. (a) Each condominium unit in a building shall be designated, on the set of floor plans referred to in section 4 of this chapter, by letter, number, or other appropriate designation.(b) Any instrument recognized by the state for the conveyance or transfer of interests in title, which describes the apartment by using the designation referred to in subsection (a) followed by the words "in (name) Condominium as recorded in Book _______, p. __, under the date of ________, _____, of the records of __________ County, Indiana", is considered to contain a good and sufficient description for all purposes.(c) Any conveyance or transfer of interest in title of a condominium unit is considered also to convey the undivided interests of the owner in the common areas and facilities, both general and limited, appertaining to the condominium unit without specifically or particularly referring to the undivided interests. The:(1) contents;(2) form;(3) method of preparation;(4) recording of an instrument of conveyance; and(5) interpretation of an instrument of conveyance;are governed by the law of Indiana relating to real property.(d) Each instrument or deed of conveyance also shall include the following:(1) A statement of the use for which the condominium unit is intended.(2) A statement of the restrictions on the use of the condominium unit.(3) The percentage of undivided interest appertaining to the condominium unit in the common areas and facilities.(4) The amount of any unpaid current or delinquent assessments of common expenses.(5) Any other details and restrictions that:(A) the grantor and grantee consider desirable; and(B) are consistent with the declaration.(e) Failure to make a statement in the deed as required by subsection (d)(4) does not:(1) invalidate the title conveyed by the deed; or(2) absolve a grantee under the deed from liability for any unpaid current or delinquent assessments of common expenses against a condominium unit on the date of its conveyance.(f) Upon the request of a:(1) condominium unit owner;(2) prospective grantee;(3) title insurance company; or(4) mortgagee;the secretary or other authorized officer of the association of co-owners shall provide, within five (5) days of the request, a statement of the amount of current and delinquent assessments of common expenses against a particular condominium unit.[Pre-2002 Recodification Citation: 32-1-6-14.]As added by P.L.2-2002, SEC.10.
IN Code § 32-25-7-6 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 7. Declaration|32-25-7-6. Presumption of Consent to Changes; Reallocation of Interests in Common Area; Liens

Sec. 6. (a) Except as provided in subsection (b), if the declaration for a condominium is in conformity with section 2 of this chapter, it is presumed that any owner of a condominium unit in that condominium has consented to the changes in the percentage of undivided interest in the common areas and facilities appertaining to the owner's unit.(b) An owner of a condominium unit who entered an agreement to purchase that unit before the recordation of the declaration may not be presumed to have consented to the changes referred to in subsection (a) unless the owner:(1) was provided a copy of:(A) the expansion provisions; or(B) the declaration; and(2) made a written acknowledgment of the receipt of the provisions before entering the purchase agreement.(c) The reallocation of percentage of undivided interests in the common areas and facilities vests when the amendment to the declaration incorporating the reallocated percentages is recorded.(d) When the amendment to the declaration incorporating:(1) the addition of condominium units;(2) the expansion of common areas and facilities; or(3) both addition and expansion as described in subdivisions (1) and (2);is recorded, all liens, including mortgage liens, are released as to the percentage of undivided interests in the common areas and facilities described in the declaration (before amendment of the declaration) and shall attach to the reallocated percentage of undivided interests in the common areas and facilities described in the amendment to the declaration as though the liens had attached to those percentage interests on the date of the recordation of the mortgage or other document that evidences the creation of the lien. The percentage interest in the common areas and facilities appertaining to additional condominium units being added by the amendment to the declaration are subject to mortgage liens and other liens upon the recordation of the amendment to the declaration.[Pre-2002 Recodification Citation: 32-1-6-15.2.]As added by P.L.2-2002, SEC.10.
IN Code § 32-25-7-7 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 7. Declaration|32-25-7-7. Amending Declaration; Consents Required

Sec. 7. The declaration must contain a provision allowing the co-owners to amend the declaration 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 condominium; and(B) not more than seven (7) years have passed since the original declaration was first recorded.(2) The consent of the co-owners to the amendment has been obtained as evidenced by either of the following:(A) The vote of the co-owners at a meeting called for the purpose of considering the amendment.(B) A written instrument signed by the co-owners.The declaration may not require that the consent of more than seventy-five percent (75%) of the co-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 declaration may require the approval of at least ninety-five percent (95%) of the co-owners to convey common areas or to dissolve the condominium.As added by P.L.141-2015, SEC.2. Amended by P.L.164-2016, SEC.1.
IN Code § 32-25-8-1 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 8. Administration of Condominiums|32-25-8-1. Bylaws; Administration of Property

Sec. 1. The administration of every property is governed by bylaws. A true copy of the bylaws shall be annexed to and made a part of the declaration. A modification of or amendment to the bylaws is valid only if:(1) the modification or amendment is set forth in an amendment to the declaration; and(2) the amendment is recorded.[Pre-2002 Recodification Citation: 32-1-6-25.]As added by P.L.2-2002, SEC.10.
IN Code § 32-25-8-2 (2021)
2021 Indiana Code|Title 32. Property|Article 25. Condominiums|Chapter 8. Administration of Condominiums|32-25-8-2. Bylaws; Contents

Sec. 2. The bylaws must provide for the following:(1) With respect to the board of directors:(A) the election of the board from among the co-owners;(B) the number of persons constituting the board;(C) the expiration of the terms of at least one-third (1/3) of the directors annually;(D) the powers and duties of the board, including whether the board may engage the services of a manager or managing agent;(E) the compensation, if any, of the directors; and(F) the method of removal from office of directors.(2) The method of calling meetings of the co-owners and the percentage, if other than a majority of co-owners, that constitutes a quorum.(3) The election from among the board of directors of a president, who shall preside over the meetings of:(A) the board of directors; and(B) the association of co-owners.(4) The election of a secretary, who shall keep the minute book in which resolutions shall be recorded.(5) The election of a treasurer, who shall keep the financial records and books of account.(6) The maintenance, repair, and replacement of the common areas and facilities and payments for that maintenance, repair, and replacement, including the method of approving payment vouchers.(7) The manner of collecting from each condominium owner the owner's share of the common expenses.(8) The designation and removal of personnel necessary for the maintenance, repair, and replacement of the common areas and facilities.(9) The method of adopting and of amending administrative rules governing the details of the operation and use of the common areas and facilities.(10) The restrictions on and requirements respecting the use and maintenance of the condominium units and the use of the common areas and facilities that are:(A) not set forth in the declaration; and(B) designed to prevent unreasonable interference with the use of their respective units and of the common areas and facilities by the several co-owners.(11) The percentage of votes required to amend the bylaws. The percentage may not exceed seventy-five percent (75%).(12) A statement of the percentage of votes by the condominium unit owners required to convey or encumber part or all of the common areas and facilities. A statement under this subdivision may not allow less than ninety-five percent (95%) of the condominium unit owners, or less than ninety-five percent (95%) of the owners of condominium units not owned by the declarant, to convey or encumber part or all of the common areas and facilities. If the bylaws do not include a statement under this subdivision, IC 32-25-4-3.5 applies.(13) Other provisions consistent with this article considered necessary for the administration of the property.[Pre-2002 Recodification Citation: 32-1-6-26.]As added by P.L.2-2002, SEC.10. Amended by P.L.181-2007, SEC.4; P.L.119-2012, SEC.163; P.L.141-2015, SEC.3.