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.
Fines. Homeowner's associations in Indiana have the authority to penalize property owners for violations and unpaid dues.
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.
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.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.
In many states, covenants only last 30 years, becoming unenforceable after they expire. However, North Carolina isn't one of these states.
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.
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.