Indiana’s HOA and condominium rules should not be blended. For a condominium, § 32-25-6-3 creates a common-expense lien that may be foreclosed by suit under the mechanics-lien procedure, while prior first-mortgage sums remain senior. A subdivision HOA relies heavily on Article 32-25.5 and its recorded documents. HOA members also have statutory access to financial records, and 2026 legislation added new fine and enforcement procedures.
Identifying the governing law in Indiana
Before anything else in an Indiana dispute, pin down the property's legal form and when the declaration was recorded. For planned communities, start with Homeowners Associations, Ind. Code art. 32-25.5. For condominiums, start with Horizontal Property Law / Condominiums, Ind. Code art. 32-25. Do not take the board's or manager's label at face value — an older community may sit under a legacy statute or a transition provision, so confirm what actually applies before you count on a deadline, remedy, or voting rule.
A strong Indiana file starts with the source documents: recorded declaration and amendments, bylaws, current rules, and the board action behind the disputed decision. Compare those materials with the statute that applies to the property type and creation date. If the association relies on an older rule or amendment, ask for the adoption and recording history rather than assuming it is valid.
Assessment and special-assessment challenges under Indiana law
Read an assessment dispute as two questions: did the association have authority to levy the charge, and is the calculation correct. Ask which budget line or board vote created it, which declaration clause allocates common expenses among units, when owners were notified, and — where Indiana law or the governing documents required an owner vote — whether that vote actually took place. Ordinary annual dues and a special assessment often follow different approval paths, so confirm which one governs the charge in front of you.
An Indiana assessment dispute is easier to evaluate when the numbers are separated. Request the ledger, identify the principal assessment, and list late fees, interest, attorney fees, and other add-ons on their own lines. Put the objection in writing and keep payment records. Do not assume that refusing all payments automatically preserves your position or pauses collection activity.
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Fine notices and hearing rights in Indiana
Indiana’s HOA statute and the recorded restrictions should be read together. A homeowner disputing a fine should request the exact covenant, notice, board decision, and calculation instead of arguing from general fairness alone.
Organize an Indiana enforcement dispute around what the association knew and did at each step. Save the cited provision, notice, evidence, cure history, hearing request, hearing notice, board materials, and outcome. For selective enforcement, focus on comparable violations under the same rule and period so the comparison can be tested rather than asserted.
How to get board records from an Indiana association
Indiana HOA members have a specific records statute, not merely a generic nonprofit-corporation right. Section 32-25.5-3-3 requires the association to make financial records available to members under its written-request procedure and addresses records such as contracts, invoices, bills, receipts, and bank records, along with retention and search-fee rules.
Ask for the records with reasonable particularity and keep proof of the request. For a condominium, also review Article 32-25 and the condominium instruments because the HOA statute and condominium statute are not interchangeable. Keep the request, delivery proof, and any written refusal with the account records.
How Indiana associations perfect an assessment lien
For condominiums, Indiana Code § 32-25-6-3 makes unpaid common expenses a lien on the unit when assessed. The statute expressly preserves priority for specified tax liens and all sums unpaid on a first mortgage of record, so the association lien should not be described as superpriority over that first mortgage.
For a subdivision HOA, identify the lien language in the recorded declaration and any statute that applies to the particular charge before assuming the condominium rule carries over. Separate assessments from fines and other charges, and verify recording, notice, amount, and priority from the actual documents.
The Indiana HOA foreclosure route, step by step
Indiana condominium foreclosure is judicial. Section 32-25-6-3 says the condominium common-expense lien may be foreclosed by suit by the association or board of managers in the same manner as mechanics liens; a money judgment can also be pursued without waiving the lien. The prior statement that a statutory nonjudicial route could apply was too broad.
For a subdivision HOA, do not assume a trustee-sale power merely because the declaration creates a lien. Trace the remedy through Article 32-25.5, the recorded covenants, and Indiana foreclosure law. If court papers or a sale notice arrives, have Indiana counsel review the exact lien authority and deadline promptly.
Mandatory ADR and notice before suing in Indiana
There is no single Indiana rule that pushes every HOA or condominium dispute through mediation or arbitration before filing. Whether a pre-suit step is mandatory depends on the specific claim, what the governing documents say, and the court's own rules — check all three.
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Indiana: courts, agencies, and ADR panels for these cases
There is no single Indiana agency or tribunal that decides the merits of association disputes in place of the courts. Where a claim lands depends on what it is: a trial court for most disputes, small-claims or a limited-jurisdiction court for a qualifying money amount, or an arbitration or mediation track created by statute or the governing documents.
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Sources
- Indiana Code — Title 32, Property (2026 current code portal)Official Indiana General Assembly current-code portal; use Article 25 for condominiums and Article 25.5 for homeowners associations.
- Indiana Code, Article 32-25.5 — Homeowners AssociationsOfficial current-code location for the Homeowners Associations article.
- Indiana Code, Article 32-25 — CondominiumsOfficial current-code location for the Horizontal Property Law / condominium provisions.
- Indiana General Assembly — 2026 Acts / Code update informationOfficial Indiana Code and recent public-law source for amendments and effective dates.
- Indiana HB 1150 (2026)Official 2026 HOA legislation page; current codified Indiana Code controls after enactment.
- Indiana Code § 32-25-6-3 — condominium common-expense lienCurrent condominium lien text: automatic lien, first-mortgage priority, and foreclosure by suit under mechanics-lien procedures.
- Indiana Code § 32-25.5-3-3 — HOA budget, meetings, and recordsCurrent HOA financial-record access, meeting, retention, and search-fee rules.
- Indiana 2026 Public Law 155 — HOA enforcement amendments2026 enrolled legislation adding HOA fine/enforcement procedures; check codified section and effective provisions in the current code.