Indiana HOA and Condo Laws, in Plain English

Indiana's Condominium Act, recodified in 2002, governs the creation, declaration, and day to day administration of condominiums in the state. It covers unit ownership and common areas, association governance and meetings, assessments and liens, and owners' access to association records. It also addresses the statement of unpaid assessments an association must furnish when a unit changes hands, though it does not set out a separate resale certificate or disclosure package like some other states require.

• Ind. Code 32-25-5-2 (Unpaid Assessments Statement on Conveyance)

  When a condominium unit is voluntarily conveyed, the buyer and seller are jointly and severally liable for the seller's unpaid assessments unless the buyer obtains a written statement of the unpaid balance from the association, manager, or board. The statute gives the association a limited window to respond to a written request for that statement and caps the buyer's and the unit's exposure to the amount the statement discloses. If the association fails to respond in time, the buyer and the unit are relieved of liability for the unpaid assessments entirely. This section applies to condominium associations.

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Indiana's Homeowners Associations Act, added in 2009 and amended several times since, most recently in 2026, governs associations formed for planned communities of fee simple lots rather than condominiums. It covers association formation and governance, board and member meetings, annual budgets and assessments, members' access to financial records and meeting minutes, and limits on the fees an association or its management company can charge. A related section of Indiana's residential real estate disclosure law works alongside this act to require disclosure and an assessment statement when HOA governed property is resold or refinanced. The article applies to a homeowners association established after June 30, 2009, and to one established before July 1, 2009 only if its members elect to be governed by it (Ind. Code 32-25.5-1-1); a short list of sections applies regardless of that election.

• Ind. Code 32-25.5-3-3 (Records, budget, and prohibited fees)

  Sets out a homeowners association's annual budget and meeting process, members' right to inspect financial records and board minutes, the communications an association must share with a lot owner, record retention, and search fees (none for the first hour, then up to $35 an hour and $200 in all). As amended in 2026, subsection (o) bars an association, its agent, or its management company from charging a homeowner any fee for a statement of the homeowner's own account showing unpaid assessments or other charges, which the association must keep current and provide on request; the $50 the association may charge for that statement in a resale or refinance comes from 32-21-5-8.5(f). Applies to planned-community associations, not condominiums.

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• Ind. Code 32-21-5-8.5 (HOA property disclosures)

  Part of Indiana's residential real estate sales disclosure law (sales of residential property of four units or fewer, with court-ordered, foreclosure, fiduciary, and similar transfers exempt under 32-21-5-1). Requires the seller of property governed by a homeowners association to give the purchaser, no later than ten days before closing, a disclosure that the property is in an HOA-governed community, a copy of the recorded governing documents, a statement of whether there are assessments and their amount, and the name and address of a board member, the association's agent, or its management contractor. A homeowners association or its agent may charge no more than $50 for a statement of unpaid assessments or other charges relating to the property in a resale or refinance, a cap cut from $250 by the 2026 session (P.L.53-2026 and P.L.155-2026). A seller's failure to provide the documents does not limit enforcement of the governing documents.

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