Bill Text: IN HB1058 | 2011 | Regular Session | Amended
Bill Title: Homeowners associations.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-16 - Effective 07/01/2011 [HB1058 Detail]
Download: Indiana-2011-HB1058-Amended.html
Citations Affected: IC 32-25.5.
Synopsis: Homeowners associations. Authorizes the attorney general
to bring an action against the board of directors of a homeowners
association or individual members of a homeowners association if the
attorney general makes certain findings. Provides for judicial remedies
for violations of the statute governing homeowners associations.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Judiciary.
January 24, 2011, amended, reported _ Do Pass.
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 this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word 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.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
(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.
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.