Unlike some states that have specific governmental agencies dedicated to regulating HOAs, Indiana does not have a single state agency that directly oversees these associations. Instead, the regulation of HOAs in Indiana is primarily governed by state statutes, the association's governing documents, and the courts.
Homeowners associations in Indiana generally have the ability to impose rental restrictions on owners. No special requirements exist as of writing. That said, it is best for HOAs that wish to restrict rentals to include such restrictions in their governing documents to avoid conflict.
Yes, you can sue an HOA in Indiana if you believe that the association has acted unlawfully, breached its fiduciary duty, or violated the terms of the governing documents. However, it is important to explore alternative dispute resolution methods and consult with an experienced attorney before taking legal action.
The Indiana Homeowners Association Act governs the formation, management, and operation of HOAs in Indiana. Enacted for associations established after June 30, 2009, it outlines the obligations of associations regarding budgets, member rights, and the assessment of mandatory dues.
Homeowners often ask whether local laws supersede the rules and regulations set forth by their homeowner association (HOA). The short answer is yes, local laws do supersede HOA rules.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
Fines. Homeowner's associations in Indiana have the authority to penalize property owners for violations and unpaid dues.
You can contact your local government office for assistance. For example, you can visit the California Attorney General's HOA Consumer Information page for more details. Online Databases: There are online databases and resources that compile HOA documents. These can be helpful if your HOA participates in such programs.
The main difference is that covenants dictate property-related restrictions, while bylaws govern how the HOA operates — things like board elections, meeting procedures, and voting rights. Because covenants are recorded with the property deed and tied to real estate law, they generally hold more weight.
In some states, such as California, HOA bylaws are considered public record and must be made available upon request.