Indiana Statewide Rule
Indiana HOA Board Procedures: Member-Approved Budgets, Open Board Meetings, Record Access
Key Facts
- Budget approval
- Majority of members at a meeting (Ind. Code § 32-25.5-3-3)
- No-quorum budget cap
- 100% of last budget (110% if governing documents allow)
- Open board meetings
- Members may attend board meetings (limited closed-session topics)
- Record-search fees
- First hour free, then up to $35/hr, $200 maximum
- Big-contract rule
- Two meetings required if it adds >$500/yr per member (§ 32-25.5-3-4)
Summary
Indiana's HOA Act mandates transparency. Under Ind. Code § 32-25.5-3-3, the annual budget must be approved by a majority of members at a meeting, members may attend board meetings, and financial records are open to inspection. Ind. Code § 32-25.5-3-4 requires two meetings before a contract raising an assessment over $500/member. Corporate governance follows the Indiana Nonprofit Corporation Act (Ind. Code § 23-17).
In addition to the right to inspect the meeting minutes of the homeowners association board, a member of a homeowners association has the right to attend any meeting of the homeowners association board, including an annual meeting of the board. For each meeting of the homeowners association board, the board must provide at least four (4) days advance written notice of the meeting to members of the homeowners association. The meeting notice must include an agenda for the meeting.
Full Breakdown
Ind. in attendance"; members must get the proposed budget (or notice it is available free) and notice of any assessment change beforehand. Without a quorum, the board may adopt a budget up to 100% of the last approved budget - or 110% if the governing documents allow. The same section gives members "the right to attend any meeting of the homeowners association board" (closed session is allowed for delinquent accounts or litigation with counsel), opens financial records to inspection on written request, requires retention of financial-transaction communications for at least two years, and caps record-search fees (first hour free, then up to $35/hour, $200 maximum).
Under Ind. 5-3-4, a board may not enter a contract that creates or increases an assessment by more than $500 per year per affected member unless it holds at least two association meetings. Elections and corporate formalities run under the Indiana Nonprofit Corporation Act, Ind. Code § 23-17.
Violations & Penalties
No specific statutory penalty. If a board adopts a budget without member approval, holds a covered contract vote without two meetings, denies record inspection, or bars members from a board meeting, a member's recourse is to demand compliance and, if needed, seek a court order.
Frequently Asked Questions
Can Indiana HOA members attend board meetings?
Does the HOA need members to approve the annual budget in Indiana?
Can an Indiana HOA board sign a big contract on its own?
Sources
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