32-25.5-5-13. Impasse; Beginning Legal Proceedings
Sec. 13. If an impasse is reached and: (1) neither party requests mediation or arbitration; or (2) mediation or arbitration does not result in a settlement of the claim; the claimant may begin legal proceedings. As added by P.L.141-2015, SEC.14.
32-25.5-3.5-5. Permitted Reasons for Homeowners Association to Prohibit Use Of, or Require Removal Of, Solar Energy System
Sec. 5. (a) This section applies to a homeowners association: (1) the governing documents of which prohibit, restrict, or limit the installation of solar energy systems by members of the homeowners association; or (2) whose board of directors, architectural review committee, or architectural control committee seeks to: (A) deny a homeowner’s request to install a […]
32-25.5-4-1. Attorney General’s Action Against Association or Board Member; Misappropriation or Fraud; Proxy Violations; Budgeting Violations
Sec. 1. The attorney general may bring an action against a board of a homeowners association or an individual member of a board of a homeowners association if the attorney general finds that any of the following apply: (1) The association’s funds have been knowingly or intentionally misappropriated or diverted by a board member. (2) […]
32-25.5-4-2. Court Remedies; Imposition of Civil Penalties; Limitations
Sec. 2. (a) A court in which an action is brought under this chapter may do the following: (1) Issue an injunction. (2) Order the board member to make restitution to the homeowners association or to a member of the homeowners association. (3) Order a board member to be removed from the board. (4) Order […]
32-25.5-5-1. Application of Chapter to Exempt Claims
Sec. 1. This chapter does not apply to an exempt claim unless the parties agree that this chapter is applicable to the exempt claim. As added by P.L.141-2015, SEC.14.
32-25.5-5-2. “Claim”
Sec. 2. (a) As used in this chapter, “claim” refers to any of the following: (1) A claim arising out of or relating to the interpretation, application, or enforcement of the governing documents. (2) A claim relating to the rights or duties of the homeowners association or the board under the governing documents. (3) A […]
32-25.5-3-5. Borrowing Money; Approval by Members
Sec. 5. (a) This section does not apply to money borrowed by a homeowners association that is needed to: (1) resolve, settle, or otherwise satisfy an act of enforcement against the homeowners association for violating a state or local law; or (2) address an emergency that affects the public health, safety, or welfare. (b) A […]
32-25.5-5-3. “Claimant”
Sec. 3. As used in this chapter, “claimant” refers to a party who has a claim against another party. As added by P.L.141-2015, SEC.14.
32-25.5-3-6. Repealed
As added by P.L.167-2009, SEC.2. Repealed by P.L.141-2015, SEC.9.
32-25.5-5-4. “Exempt Claim”
Sec. 4. As used in this chapter, “exempt claim” refers to any of the following claims or actions: (1) A claim by the homeowners association for assessments or dues and any action by the association to collect assessments or dues. (2) An action by a party to obtain a temporary restraining order or equivalent emergency […]