Challenging an HOA Fine in Indiana

Since July 1, 2026, Indiana's Homeowners Associations Act has had a fines section, IC 32-25.5-3-12, that applies to every Indiana HOA. It requires a board-adopted schedule of fines and advance notice to the member, but it sets no dollar cap and no hearing, so the recorded CC&Rs and the question "did the board follow its own procedure" still drive most Indiana fine disputes. For your specific situation, a licensed Indiana attorney is the right resource. This is general information, not legal advice.

Can my HOA fine me without a fine schedule in Indiana?

No. Since July 1, 2026, IC 32-25.5-3-12 (Title 32) lets an association fine only if the board first adopts a schedule listing fineable violations, each amount, recurring-fine terms, and "a maximum aggregate fine amount for any single violation." Recurring fines may not exceed it, and the board must first notify the member of the violation, amount, and assessment date.

HEA 1115-2026 (P.L.155-2026) added IC 32-25.5-3-12, effective July 1, 2026. Under it, an association "may assess a fine for a member's violation of a covenant described in IC 32-25.5-2-3(2) if the board first adopts a schedule of fines" that sets out:

• the covenant violations that are subject to a fine;
• the fine amount for each violation;
• for a fine that recurs, a statement of that fact and how the fine will be calculated and assessed; and
• "a maximum aggregate fine amount for any single violation."

The statute adds that "[a] fine assessed on an ongoing or recurring basis may not exceed the maximum aggregate amount stated in the schedule of fines." If the board adopts the schedule at a meeting, the meeting notice "must include the proposed schedule of fines." An adopted schedule must be available to any member for inspection on request, and members can demand a special meeting to amend it, which takes a majority of members present.

Before assessing a fine, the board must first notify the member of the violation, the amount of the fine, the date it will be assessed, and, for a recurring fine, how it will be calculated (IC 32-25.5-3-12(f)). The amount that has accrued must be available to the member on request (IC 32-25.5-3-12(g)).

Does Indiana law cap HOA fines or require a hearing?

No. IC 32-25.5-3-12 (Title 32) sets no dollar cap and no hearing requirement. The recorded CC&Rs and bylaws still define the covenants being enforced and any added procedure, such as a hearing, and the association has to follow its own documents.

A fine for conduct the CC&Rs don't address, one missing from the adopted schedule, or one imposed without the notice the statute or the documents require, is exposed.

The board has to follow its own procedure

Indiana courts have been clear that boards must follow their own governing documents. Where the CC&Rs require notice and a hearing before a fine, the board cannot skip either step. Where the CC&Rs set a maximum fine amount or specify the conduct that can be fined, the board cannot exceed those limits.

Can I attend the board meeting about my HOA fine in Indiana?

Yes. IC 32-25.5-3-3 (Title 32) gives every member "the right to attend any meeting of the homeowners association board," including one where a fine is discussed or voted on. Since July 1, 2026, the statute also requires "at least four (4) days advance written notice of the meeting" for each board meeting, with an agenda.

IC 32-25.5-3-3 gives every member "the right to attend any meeting of the homeowners association board." If a fine is going to be discussed or voted on at a board meeting, an owner has the statutory right to be there. Since July 1, 2026, the statute also requires "at least four (4) days advance written notice of the meeting" for each board meeting, with an agenda.

Can an unpaid HOA fine become a lien in Indiana?

It depends on whether the fine is folded into the assessment account. Indiana puts HOA assessment liens and judicial foreclosure in a separate chapter, IC 32-28-14 (Title 32). If a fine is treated as part of the lien, the homeowner can ultimately face a judicial foreclosure action, albeit one with a 90-day waiting period and full court process.

Indiana puts HOA assessment liens and judicial foreclosure in a separate chapter (IC 32-28-14). If a fine is folded into the assessment account and treated as part of the lien, the homeowner can ultimately face a judicial foreclosure action — albeit one with a 90-day waiting period and full court process. That makes contesting an improper fine through the documents and through the records statute important before it gets recharacterized as an "assessment." See Can an Indiana HOA Foreclose Over Dues?.

What people generally do

In an Indiana fine dispute, the points that commonly matter are:

• The board's adopted schedule of fines (available on request under IC 32-25.5-3-12(c)) and the recorded CC&Rs and bylaws are where the fine and the procedure are defined.
• The association's financial records — the cited rule, the fine schedule, and minutes showing how similar matters were handled — fill in the rest.
• The statute guarantees attendance at the board meeting where the matter is discussed.
• A written record of each step is what owners typically keep.
• How the rule has been enforced against others matters, since uneven enforcement is a recognized defense.
• A licensed Indiana attorney is the resource if a disputed fine moves into the assessment account.

Sources

• IC 32-25.5-3-3 and IC 32-25.5-3-12 — member attendance and records; schedule of fines and fine notice (Indiana Code 2026, Title 32)
• HEA 1115-2026 (P.L.155-2026) — enrolled act adding IC 32-25.5-3-12, effective July 1, 2026
• IC 32-28-14 — Homeowners Association Liens (Title 32)