How to Dispute an HOA Violation in Indiana

HOA Law in Indiana

Indiana enacted the Homeowners Association Act (IC §32-25.5) to provide a statutory framework for the governance of planned communities and homeowners associations. The Act establishes basic requirements for association operations including meeting notice, record-keeping, and assessment collection. Indiana also has the Indiana Condominium Act (IC §32-25) for communities organized as condominiums.

The Indiana Homeowners Association Act requires associations to provide homeowners with reasonable notice and an opportunity to be heard before imposing fines or other penalties. The Act also establishes requirements for board meetings, including advance notice to members and the right to attend. Board members have fiduciary duties to act in the best interests of the association and its members.

Indiana courts treat CC&Rs as restrictive covenants that run with the land, and they generally enforce them as written. However, the courts also require that restrictions be clear and unambiguous — vague covenants are construed in favor of the property owner's right to use their property freely. If you are facing an HOA violation in Indiana, carefully review both the statute and your governing documents to ensure the board is following proper procedures.