2015 Indiana Code TITLE 32. PROPERTY ARTICLE 25.5. HOMEOWNERS ASSOCIATIONS CHAPTER 4. ATTORNEY GENERAL ACTIONS
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IC 32-25.5-4
Chapter 4. Attorney General Actions
IC 32-25.5-4-1
Attorney general's action against association or board member;
misappropriation or fraud; proxy violations; budgeting violations
Sec. 1. The attorney general may bring an action against a board
of a homeowners association or an individual member of a board of
a homeowners association if the attorney general finds that any of the
following apply:
(1) The association's funds have been knowingly or
intentionally misappropriated or diverted by a board member.
(2) A board member has knowingly or intentionally used the
board member's position on the board to commit fraud or a
criminal act against the association or the association's
members.
(3) A proxy was exercised in violation of IC 32-25.5-3-10.
(4) A violation of IC 32-25.5-3-3 has occurred.
As added by P.L.141-2015, SEC.13.
IC 32-25.5-4-2
Court remedies; imposition of civil penalties; limitations
Sec. 2. (a) A court in which an action is brought under this chapter
may do the following:
(1) Issue an injunction.
(2) Order the board member to make restitution to the
homeowners association or to a member of the homeowners
association.
(3) Order a board member to be removed from the board.
(4) Order a board member to reimburse the state for the
reasonable costs of the attorney general's investigation and
prosecution of the violation.
(5) Impose a civil penalty on a member of the board of a
homeowners association determined by the court to have taken
an action described in section 1(1) or 1(2) of this chapter.
(b) A civil penalty imposed under subsection (a)(5) may not
exceed five hundred dollars ($500) for each action described in
section 1(1) or 1(2) of this chapter that the board member is
determined by the court to have taken. The proceeds of a civil penalty
imposed under subsection (a)(5) shall be deposited in the state
general fund.
As added by P.L.141-2015, SEC.13.
Indiana Code 2015
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