Unpaid assessments become a homeowners association lien under Ind. Code § 32-28-14 once a notice of lien is recorded with the county recorder. The association may foreclose by court complaint, but not before 90 days and not later than 5 years after recording. The Act sets no late-fee or interest rate.
Under Ind. Code § 32-28-14, sums assessed by an HOA "but unpaid for the share of the common expenses" constitute a lien on the owner's real estate once a notice of lien (naming the association, owner, property, and amount, signed by an officer and acknowledged) is recorded with the county recorder; priority dates from recording (§ 32-28-14-5). The association enforces it "by filing a complaint in the circuit or superior court," which "may not be filed earlier than ninety (90) days" and "must be filed not later than five (5) years" after recording, or the lien is void (§ 32-28-14-8). A purchaser taking title through first-mortgage foreclosure is not liable for assessments that came due before acquisition (§ 32-28-14-7). The HOA Act (§ 32-25.5-3-3) requires the annual budget to be member-approved; late fees and interest are set by the declaration, not statute.
An owner who fails to pay assessments faces a recorded lien for the unpaid share of common expenses plus interest and costs the declaration allows, and ultimately a court-ordered foreclosure sale under Ind. Code § 32-28-14. The complaint cannot be filed in the first 90 days.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Noblesville, IN
Noblesville's UDC and Code of Ordinances contain no explicit ban on, nor minimum or maximum coverage limit for, artificial or synthetic turf in residential y...
Noblesville, IN
Noblesville encourages plant material 'normally grown in Central Indiana' that is 'capable of withstanding the extremes of individual site microclimates' und...
Noblesville, IN
Under Noblesville UDO § 159.128 (Mobile Food Vehicles), food trucks may operate only on private property with the owner's permission and a valid Noblesville ...
Noblesville, IN
Operating a food truck in Noblesville requires a Mobile Food Vehicle Permit under City Code / UDO § 159.128 (Mobile Food Vehicles). The annual permit fee is ...
Noblesville, IN
Federal law preempts city regulation of drone airspace. Recreational flyers in Noblesville must comply with FAA 14 CFR Part 107 (commercial) and 49 U.S.C. § ...
Noblesville, IN
Noblesville does NOT require a city permit to hold a residential garage / yard sale. Sales are limited functionally by the Unified Development Ordinance temp...
See how Noblesville's assessment & dues rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.