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Is my HOA fine valid in Indiana?

Indiana’s HOA Act has no standalone fines statute, so the recorded CC&Rs are the document to read first, and “did the board follow its own procedure” drives most disputes. Members do have a statutory right to attend the board meeting.

This is general information, not legal advice, and it does not decide whether your fine is valid. For your specific situation, a licensed Indiana attorney is the right resource.

Check your notice

Answer a few questions about the Indiana fine or violation notice you received, and see how it compares to what the law requires.

1.Do your recorded CC&Rs actually authorize the board to fine for this conduct, in this amount, following the procedure the documents specify?

2.Where your CC&Rs require notice and a hearing (or set a maximum amount), did the board follow those limits?

3.Were you able to attend the board meeting where the fine was discussed or voted on?

Answer all questions to see your result.

What Indiana law requires before an HOA can fine you

Governing framework: Indiana Homeowners Associations Act (IC 32-25.5).

Indiana’s HOA Act sets no statewide fine-and-hearing procedure; authority to fine generally comes from the recorded CC&Rs and bylaws.

Statute: IC 32-25.5; recorded CC&Rs

Indiana courts require boards to follow their own governing documents; a board can’t skip a required notice or hearing step or exceed a documented maximum.

Statute: recorded CC&Rs

Every member has the statutory right to attend any meeting of the HOA board.

“the right to attend any meeting of the homeowners association board” — IC 32-25.5-3-3

Statute: IC 32-25.5-3-3

Go deeper on Indiana HOA law

Sources

Not legal advice.This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.