2024 Indiana Code
Title 32. Property
Article 25. Condominiums
Chapter 8.5. Grievance Resolution
32-25-8.5-5. "Exempt Claim"

Sec. 5. As used in this chapter, "exempt claim" refers to any of the following claims or actions:

(1) A claim by the association of co-owners for assessments or dues and any action by the association to collect assessments or dues.

(2) An action by a party to obtain a temporary restraining order or equivalent emergency equitable relief:

(A) to maintain the status quo and preserve the party's ability to enforce the condominium instruments; or

(B) when an emergency condition exists that jeopardizes the health or safety of any of the residents within the condominium community.

(3) A suit to which an applicable statute of limitations would expire within the notice period. This subdivision does not apply if a party against which the claim is made agrees to toll the statute of limitations as to the claim for the period reasonably necessary to comply with this chapter.

(4) A dispute that is subject to mediation, arbitration, or other alternate dispute resolution under applicable law, contract, warranty agreement, or other instrument.

(5) A claim that is substantively identical to a claim:

(A) that was previously addressed by the parties; or

(B) which was resolved by a judicial determination in favor of one (1) of the parties.

As added by P.L.141-2015, SEC.5.