2015 Indiana Code TITLE 32. PROPERTY ARTICLE 28. LIENS ON REAL PROPERTY CHAPTER 14. HOMEOWNERS ASSOCIATION LIENS
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IC 32-28-14
Chapter 14. Homeowners Association Liens
IC 32-28-14-1
"Common expenses"
Sec. 1. As used in this chapter, "common expenses" means:
(1) all sums lawfully assessed against a subdivision by a
homeowners association;
(2) expenses of:
(A) administration;
(B) maintenance;
(C) repair; or
(D) replacement;
of subdivision common areas and facilities;
(3) expenses agreed upon as common expenses by a
homeowners association; and
(4) expenses declared common expenses by the bylaws or
another written instrument of a homeowners association.
As added by P.L.135-2007, SEC.3.
IC 32-28-14-2
"Homeowners association"
Sec. 2. As used in this chapter, "homeowners association" means
all the owners of real estate in a subdivision acting as an entity in
accordance with any:
(1) bylaws;
(2) covenants; or
(3) other written instruments;
of the homeowners association.
As added by P.L.135-2007, SEC.3.
IC 32-28-14-3
"Real estate"
Sec. 3. As used in this chapter, "real estate" means a right, a title,
or an interest in real property.
As added by P.L.135-2007, SEC.3.
IC 32-28-14-4
"Subdivision"
Sec. 4. As used in this chapter, "subdivision" means the division
of a parcel of land into lots, parcels, tracts, units, or interests in the
manner defined and prescribed by a subdivision control ordinance
adopted by a legislative body under IC 36-7-4.
As added by P.L.135-2007, SEC.3.
IC 32-28-14-5
Homeowners association lien; notice of lien requirements
Sec. 5. (a) All sums assessed by a homeowners association but
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unpaid for the share of the common expenses chargeable to an owner
of real estate in a subdivision constitute a homeowners association
lien on the real estate effective as provided in section 6 of this
chapter.
(b) The priority of a homeowners association lien is established on
the date the notice of the lien is recorded under section 6 of this
chapter.
(c) A notice of lien may not be recorded under subsection (a)
unless the notice of lien:
(1) contains:
(A) the name and address of the homeowners association;
(B) the address and legal description of the property that is
subject to the lien;
(C) the name of the owner of the property that is subject to
the lien; and
(D) the amount of the lien; and
(2) is:
(A) signed by an officer of the homeowners association; and
(B) acknowledged as in the case of deeds.
As added by P.L.135-2007, SEC.3.
IC 32-28-14-6
Lien attaches upon recording of notice of lien
Sec. 6. (a) A homeowners association lien under this chapter
attaches to real estate upon the recording of a notice of lien by the
homeowners association in the office of the recorder of the county in
which the real estate is located.
(b) A homeowners association lien under this chapter attaches on
the date of the recording of the notice of the lien under subsection (a)
and does not relate back to:
(1) a date specified in the bylaws, the covenants, or another
written instrument of the homeowners association; or
(2) the date the common expenses were assessed.
As added by P.L.135-2007, SEC.3.
IC 32-28-14-7
Liability for unpaid assessment
Sec. 7. (a) Except as provided in subsection (b), in a voluntary
conveyance, the grantee of real estate is jointly and severally liable
with the grantor for all unpaid assessments against the grantor for the
grantor's share of the common expenses incurred before the grant or
conveyance, without prejudice to the grantee's right to recover from
the grantor the amounts of common expenses paid by the grantee.
(b) The grantee:
(1) is entitled to a statement from the manager, board of
directors, or other governing authority of the homeowners
association that sets forth the amount of the unpaid assessments
against the grantor; and
(2) is not liable for, and the real estate conveyed is not subject
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to a homeowners association lien for, any unpaid assessments
against the grantor unless the lien for unpaid assessments is
recorded under section 6 of this chapter before recording the
deed by which the grantee takes title.
(c) If the mortgagee of a first mortgage of record or other
purchaser of real estate obtains title to the real estate as a result of
foreclosure of the first mortgage, the acquirer of title or the acquirer's
successors and assigns are not liable for the share of the common
expenses or assessments by the homeowners association chargeable
to the real estate that became due before the acquisition of title to real
estate by the acquirer. The unpaid share of common expenses or
assessments is considered to be common expenses collectible from
all of the owners of real estate in the subdivision, including the
acquirer or the acquirer's successors and assigns.
As added by P.L.135-2007, SEC.3.
IC 32-28-14-8
Time limit for enforcing lien
Sec. 8. (a) A homeowners association may enforce a homeowners
association lien by filing a complaint in the circuit or superior court
of the county where the real estate that is the subject of the lien is
located. The complaint:
(1) may not be filed earlier than ninety (90) days, unless:
(A) another person files a foreclosure action on the property
that is the subject of the lien; or
(B) a person files written notice to file an action to foreclose
the lien under section 9(a)(1) of this chapter; and
(2) must be filed not later than five (5) years;
after the date the statement and notice of intention to hold a lien was
recorded under section 6 of this chapter.
(b) If a lien is not enforced within the time set forth in subsection
(a), the lien is void.
(c) If a lien is foreclosed under this chapter, the court rendering
judgment shall order a sale to be made of the real estate subject to the
lien. The officers making the sale shall sell the real estate without any
relief from valuation or appraisement laws.
As added by P.L.135-2007, SEC.3. Amended by P.L.167-2009,
SEC.3; P.L.99-2011, SEC.4.
IC 32-28-14-9
Voiding of lien for failure to foreclose
Sec. 9. (a) A homeowners association lien under this chapter is
void if both of the following occur:
(1) The owner of the real estate subject to the homeowners
association lien or any person or corporation having an interest
in the real estate, including a mortgagee or a lienholder,
provides written notice to the owner or holder of the lien to file
an action to foreclose the lien.
(2) The owner or holder of the lien fails to file an action to
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foreclose the lien in the county where the real estate is located
within one (1) year after the date the owner or holder of the lien
received the notice described in subdivision (1).
However, this section does not prevent the claim from being collected
as other claims are collected by law.
(b) A person who gives notice under subsection (a)(1) by
registered or certified mail to the owner or holder of the homeowners
association lien at the address given in the recorded statement may
file an affidavit of service of the notice to file an action to foreclose
the lien with the recorder of the county in which the real estate is
located. The affidavit must state the following:
(1) The facts of the notice.
(2) That more than one (1) year has passed since the notice was
received by the owner or holder of the lien.
(3) That an action for foreclosure of the lien is not pending.
(4) That an unsatisfied judgment has not been rendered on the
lien.
(c) The recorder shall record the affidavit of service in the
miscellaneous record book of the recorder's office. When the recorder
records the affidavit under this subsection, the real estate described
in the homeowners association lien is released from the lien.
(d) An affidavit recorded under subsection (c) must cross
reference the lien.
As added by P.L.135-2007, SEC.3. Amended by P.L.167-2009,
SEC.4.
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