First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE ENROLLED ACT No. 1058
AN ACT to amend the Indiana Code concerning property.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 32-25.5-1-1; (11)HE1058.1.1. -->
SECTION 1. IC 32-25.5-1-1, AS ADDED BY P.L.167-2009,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 1. (a) This article applies to the following:
(1) A homeowners association established after June 30, 2009.
(2) A homeowners association established before July 1, 2009:
(A) if a majority of the members of the homeowners
association elect to be governed by this article; or
(B) if the number of members required by the homeowners
association's governing documents elect to be governed by this
article if a different number of members other than the number
established in clause (A) is required by the governing
documents.
(b) IC 32-25.5-3-8 applies to all homeowners associations.
SOURCE: IC 32-25.5-3-8; (11)HE1058.1.2. -->
SECTION 2. IC 32-25.5-3-8 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Sec. 8. (a) The attorney general may bring an action
against a board or an individual member of a board of a
homeowners association if the attorney general finds that:
(1) the association's funds have been knowingly or
intentionally misappropriated or diverted by a board
member; or
(2) a board member has knowingly or intentionally used the
board member's position on the board to commit fraud or a
criminal act against the association or the association's
members.
(b) A court in which an action is brought under this section may
do the following:
(1) Issue an injunction.
(2) Order the board member to make restitution to the
homeowners association or to a member.
(3) Order a board member to be removed from the board.
(4) Order a board member to reimburse the state for the
reasonable costs of the attorney general's investigation and
prosecution of the violation.