Indiana Liens on Real Property

IC 32-28-14

Chapter 14. Homeowners Association Liens

32-28-14-1 32-28-14-2 32-28-14-3 32-28-14-4 32-28-14-5 32-28-14-6 32-28-14-7 32-28-14-8 32-28-14-9

"Common expenses" "Homeowners association"

"Real estate" "Subdivision"

Homeowners association lien; notice of lien requirements Lien attaches upon recording of notice of lien

Liability for unpaid assessment Time limit for enforcing lien Voiding of lien for failure to foreclose

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 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:

Indiana Code 2020

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