HOA LAWS AND REGULATIONS

Federal HOA Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in the state of Florida.
The Indiana Fair Housing Act – The Act prohibits housing discrimination based on race, color, religion, sex, familial status, disability, or national origin. The Act provides state-level protections similar to the federal Fair Housing Act (FHA).
Victims of housing discrimination can file a complaint with the Indiana Civil Rights Commission or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory act.
Indiana Condominium Act, Code § 32-25 32-25. The Act governs the formation, management, operation, and powers of condominiums that (1) lawfully subjected to this article by the recordation of condominium instruments; and (2) with respect to which the undivided interests in the common areas and facilities are vested in the condominium unit owners. IC 32-25-2-7
Indiana Homeowners Association Act, Code § 32-25.5. The Act governs the formation, management, powers, and operation of a homeowners association established after June 30, 2009, that is authorized to impose mandatory dues on the homeowners association's members.
The Act also regulates associations established before July 1, 2009, if a majority of the members of the homeowners association elect to be governed by the Act. IC 32-25.5-1-1.
Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules, IC 32-21-13. The statute provides that a homeowners association may not adopt or enforce a rule that prohibits a member of the homeowners association from displaying a sign on the member's property during the period: (1) beginning thirty (30) days before; and (2) ending five (5) days after; the date of the election to which the sign relates. A homeowners association may adopt and enforce rules relating to a sign.
Liens on Real Property, IC § 32-28-14: The statute regulates the enforcement of homeowners association liens in Indiana.

Indiana Code § 32-21 - Conveyance Procedures for Real Property
Indiana Nonprofit Corporation Act of 1991. The statute governs all non-profits with regard to corporate structure and procedure. Most associations in Indiana are organized as nonprofit corporations. To check an association’s corporate status visit the Secretary of State’s website.

SOLAR PANELS

Planning and regulation of real property; access to solar energy, IC 36-7-2-2.
Solar energy systems; ordinances; reasonable restrictions, IC 36-7-2-8. The statute provides limitations to ordinances that impose unreasonable solar restrictions and defines “reasonable restrictions” as restrictions that do not significantly increase the cost, decrease the efficiency of the system or allow for an alternative system of comparable cost and efficiency.
National Renewable Energy Laboratory - The agency provides data sets, maps, models, and tools for analyzing energy and energy-efficiency technologies.
Database of State Incentives for Renewables & Efficiency - Find solar access policies and incentives

LEGAL RESOURCES

Indiana Roll of Attorneys - The website gives the public a listing of all attorneys licensed to practice law in Indiana and their current records. The attorney’s record includes license status, disciplinary history, contact information the attorney has chosen to display, and any other names the attorney has practiced under. This information is helpful when considering hiring an attorney.
Indiana State Bar Association - The office gives the public access to a lawyer directory, lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
Indiana Legal Services, Inc. - This organization provides free legal assistance to low-income residents in civil matters.
Indiana Courts - The website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, lawyer referral services, and more.

GOVERNMENT AGENCIES

U.S. Department of Housing and Urban Development - (HUD) - The agency is responsible for enforcing the federal Fair Housing Act (FHA), which as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, familial status, national origin, and disability. The Indiana Civil Rights Commission is responsible for enforcing housing discrimination laws at the state level.
Recommended Reading:

United States Department of Justice Civil Rights Division - The agency enforces civil rights laws, including the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against disabled persons in employment, transportation, public accommodations, communications, and access to government programs and services.
- Frequently Asked Questions about Service Animals and the ADA - A guide on the ADA's service animal provisions.
- ADA Revised Requirements: Service Animals - This publication clarifies and refines issues and contains new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards).
Consumer Financial Protection Bureau (CFPB) – This is the primary federal agency responsible for enforcing the Federal Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using, abusive, unfair or deceptive practices when attempting to collect a debt and The Servicemembers Civil Relief Act (SCRA).
Indiana Attorney General - The office of the attorney general administers the state’s fair debt collection laws prohibiting debt collectors from using abusive, unfair, or deceptive practices when attempting to collect a debt. Homeowners who believe have been victims of these unlawful acts may file a complaint with the Attorney General’s Office.
Indiana Government Portal - Search for government information by topic and agency.
- Indiana Housing And Community Development Authority
Indiana General Assembly - Search your state representative and the legislation (or, "statutory law") database.
Fair Housing Center of Central Indiana

HOA CONTACT INFORMATION AND DOCUMENTS

Indiana Secretary of State - Information on elections, businesses, licensing, and securities.
- HOA Directory - Find an HOA’s mailing address, active board members, and other corporate information by conducting a search under the community’s or development’s name.
- HOA Documents - The association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s CC&Rs must be recorded with the county land records to be enforceable.
- Property Assessment Information - Find the legal information of a property by conducting a search by address or owner’s name.

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.

Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.

Indiana HOA Laws and Resources