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.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
Fines. Homeowner's associations in Indiana have the authority to penalize property owners for violations and unpaid dues.
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.
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.
Finally, is an HOA considered a local government? No—HOAs are not considered a local government entity. While they do hold some administrative functions for a community, such as collecting assessments and enforcing rules, they do not possess the authority granted to real government bodies.
Generally, it is the laws that were in effect at the time the HOA documents were recorded. Your HOA documents are contracts between the HOA and its members so new laws cannot, generally, be applied retroactively to override them.
Federal Law Supersedes State Law. While a municipality can write local laws they can be stricter than the State law (as long as they do not run counter to the State or U.S. Constitution) But cannot contradict state law.