Indiana HOA Fines: Declaration-Based, No Statutory Cap or Hearing Mandate

The Indiana Homeowners Associations Act (Ind. Code § 32-25.5) does not address fines, so an HOA's power to impose them is entirely contractual - it must be expressly authorized by the declaration, bylaws, or duly adopted rules. If the fine schedule in the governing documents does not cover the alleged violation, or does not authorize the amount charged, the fine is not permitted. Unlike Florida or Ohio, Indiana's Act sets no statewide dollar cap, no specific notice timeline, and no mandatory hearing procedure for fines. Any required notice, opportunity to cure, or hearing therefore flows from the declaration and the board's adopted rules. The Act does separately protect the member's right to inspect records relating to fines, which must be retained for at least two years (Ind. Code § 32-25.5-3-3).

A fine that is not authorized by the recorded declaration, bylaws, or rules - or that exceeds the amount those documents allow - is not permitted. Properly authorized but unpaid fines may be pursued under the governing documents and, where the declaration provides, added to the assessment lien.