Indiana Liens on Real Property

(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 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 Indiana Code 2020

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