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.
32-25.5-5-10. Notice of Claim; Required Information
Sec. 10. A claimant must provide notice of the claim to the respondent, stating plainly and concisely the following information: (1) The nature of the claim, including the date, time, location, persons involved, and the respondent’s role in the claim. (2) The basis of the claim, including the provision of the governing documents or other […]
32-25.5-5-11. Negotiation Meeting; Access to Subject Property
Sec. 11. (a) This section applies if a respondent has requested a meeting under section 10 of this chapter not later than ten (10) business days after the date of the notice of the claim given under section 10 of this chapter. (b) The claimant and the respondent shall meet in person to resolve the […]
32-25.5-5-12. Impasse; Submission of Claim to Mediation or Binding Arbitration; Costs of Mediator or Arbitrator
Sec. 12. (a) The parties are considered to be at an impasse if: (1) the respondent does not request a meeting under section 10 of this chapter; (2) either party fails to attend a meeting agreed upon under section 11 of this chapter; or (3) the parties are unable to settle the claim at a […]
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.
32-25.5-5-14. Settlement of Claim Through Negotiation, Mediation, or Arbitration; Legal Proceedings; Recovery of Costs
Sec. 14. (a) This section applies if a claim is settled through negotiation, mediation, or arbitration. (b) The settlement of the claim must be documented in a written agreement signed by each of the parties. (c) If a party fails to abide by the settlement agreement signed under subsection (b), the other party may begin […]
32-25.5-5-15. Effect of Release or Discharge
Sec. 15. A release or discharge of a respondent from liability to the claimant with respect to the claim does not release or discharge the respondent with respect to any other person who is not a party to the claim. As added by P.L.141-2015, SEC.14.
32-25.5-5-16. Powers of Board
Sec. 16. The board, on behalf of the homeowners association, and without the consent of the members of the homeowners association, may do any of the following: (1) Negotiate settlements of claims or legal proceedings under this chapter. (2) Execute settlement agreements, waivers, releases of claims, or any other documents resulting from application of this […]
32-25.5-5-17. Costs of Each Party
Sec. 17. Except as otherwise provided in this chapter, each party shall bear its own costs for application of this chapter, including attorney’s fees. 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 […]
32-25.5-5-3. “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.
32-25.5-5-4. “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 […]
32-25.5-5-5. “Legal Proceedings”
Sec. 5. As used in this chapter, “legal proceedings” refers to either of the following: (1) An action maintained in a court. (2) An administrative proceeding initiated under an applicable law. As added by P.L.141-2015, SEC.14.
32-25.5-5-6. “Party”
Sec. 6. As used in this chapter, “party” refers to any of the following: (1) The homeowners association. (2) A member of the homeowners association. (3) The board. As added by P.L.141-2015, SEC.14.
32-25.5-5-7. “Respondent”
Sec. 7. As used in this chapter, “respondent” refers to the party against whom a claimant has a claim. As added by P.L.141-2015, SEC.14.
32-25.5-5-8. Repealed
As added by P.L.141-2015, SEC.14. Repealed by P.L.164-2016, SEC.10.
32-25.5-5-9. Requirements for Claimant to Begin Legal Proceedings
Sec. 9. A claimant may not initiate a legal proceeding seeking redress or resolution of a claim until the claimant has complied with the procedures described in this chapter. As added by P.L.141-2015, SEC.14.