Indiana HOA assessments are governed by the declaration and bylaws under IC 32-25.5. The Act requires the board to maintain financial records accessible to members. HOAs may record liens for unpaid assessments. Indiana does not cap late fees or interest at the state level.
Under IC 32-25.5, Indianapolis HOA assessment rules are primarily established by the declaration and bylaws. The Act requires the board to prepare and distribute annual budgets and maintain financial records that must be made available to members upon request. Regular assessments are based on the annual budget and allocated to lots as specified in the declaration. Special assessments typically require procedures outlined in the governing documents, which may include a membership vote for assessments above a threshold. For delinquent assessments, the HOA may record a lien on the property under Indiana law and pursue collection through the courts. Indiana does not cap late fees or interest rates on delinquent assessments at the state level; these are governed by the CC&Rs. Foreclosure on assessment liens is possible under Indiana law through judicial proceedings. The Indiana Attorney General has authority to investigate HOA assessment abuses. Marion County Assessor records may reflect HOA assessment liens. Indiana law requires HOAs to provide notice before taking enforcement action for unpaid assessments as part of the mandatory grievance resolution process (IC 32-25.5-5).
Delinquent assessments may result in liens, late fees per CC&Rs, suspension of privileges, and potential foreclosure through judicial proceedings. The AG may investigate assessment-related abuses.
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