Indiana guide
Indiana governance risk
Indiana governance runs on the Homeowners Associations Act (IC 32-25.5-3) for HOAs, the Indiana Condominium Act (IC 32-25-8) for condos, and the Nonprofit Corporation Act (IC 23-17), substantially reshaped by the 2026 HB 1115 reforms. Critically, Indiana has no state condo or HOA regulator, no ombudsman, and no community-association-manager licensing.
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The Attorney General's Homeowner Protection Unit can act only in narrow situations under IC 32-25.5-4-1 — misappropriation or fraud by a board member, use of position to commit fraud or a criminal act, proxy violations, and budget-process or records-access violations. Outside those buckets the AG generally responds that it has no authority, and most owner-versus-association disputes go through the statutory grievance process (IC 32-25.5-5 for HOAs; IC 32-25-8.5 for condos) and then civil court. Two features shape governance diligence: the records-access rules under IC 32-25.5-3-3, now fee-free after HB 1115, and the 2026 reform package itself — adopted Schedule of Fines, four-day meeting notice, and a two-thirds cap on owner-consent thresholds — which many associations have not yet adopted.
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No state regulator; narrow AG authority
Indiana has no agency that supervises, licenses, or enforces against condo associations or HOAs, no ombudsman, and no HOA registration; associations register only as nonprofit corporations with the Secretary of State. The Attorney General's Homeowner Protection Unit can act under IC 32-25.5-4-1 only for misappropriation or fraud, use of a board position to commit fraud or a crime, proxy violations, and budget-process or records-access violations. Reporting indicates 500-plus HOA complaints since 2009 but very few AG lawsuits, so the practical remedy for most disputes is the statutory grievance process and then court.
Records access and the 2026 fee ban
Under IC 32-25.5-3-3, HOA financial records and board-meeting minutes must be available to members on written request identifying the records with reasonable particularity, and access cannot be unreasonably denied or conditioned on stating a purpose, with carve-outs for attorney-client material, unexecuted contracts, another member's account, and records older than two years. The 2026 HB 1115 changes removed the prior search-and-copy fee (no charge for the first hour, then up to $35 per hour capped at $200), so associations may no longer charge owners for producing requested records. A records refusal or a fee charged is now a governance red flag.
Meetings, notice, and fining after HB 1115
Members may attend any board meeting; the board may meet in private only to discuss delinquent assessments or, with counsel, threatened, pending, or initiated litigation. HB 1115 now requires at least four days' written notice with an agenda before a board meeting, and treats remote attendance as being present. It also lets all associations impose fines even without express document authority, but only after adopting a Schedule of Fines (violation types, amounts, recurrence, aggregate cap) with proper notice. A short meeting notice, an improper closed session, or fining without an adopted Schedule of Fines is a red flag.
Voting thresholds, proxies, and 2026 owner rights
HB 1115 capped owner-consent thresholds at two-thirds, curbing the 75 and 95 percent super-majorities common in older documents. Proxies under IC 32-25.5-3-10 may be limited to specific matters, expire no later than 180 days after given, and must be retained with the meeting records; Indiana does not authorize electronic member voting, and loan votes require paper ballots. HB 1210 (effective July 1, 2026) limits voting on rental restrictions to owner-occupants. Confirm the governing documents have been conformed to these 2026 changes — outdated super-majorities or missing fining schedules are the most common findings.
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Indiana legal references
- IC 32-25.5-3-3 — HOA budget; records; meetings; private-session limits
- IC 32-25.5-4-1 — Attorney General actions; Homeowner Protection Unit
- IC 32-25.5-5 — Grievance resolution (pre-suit process)
- KSN Law — 2026 Legislative Updates for Indiana Community Associations
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Indiana statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Indiana specialist →Reviewer's checklist
- Confirm the governing documents have been conformed to the 2026 HB 1115 changes
- Confirm an adopted Schedule of Fines exists before any fining
- Confirm board-meeting notice meets the four-day-with-agenda requirement
- Check for improper closed sessions beyond the delinquency and litigation exceptions
- Confirm records access is honored without a fee (fees now barred under HB 1115)
- Check for owner-consent thresholds above two-thirds (now unlawful)
- Review proxies for the IC 32-25.5-3-10 limits (180-day expiration; retained with records)
- Confirm loan votes used paper ballots (no electronic member voting in Indiana)
- Check how rental-restriction voting applied the HB 1210 owner-occupant rule
- Look for any AG-actionable issue under IC 32-25.5-4-1 (fraud, proxy, budget, records)
- Read board and member minutes for governance and dispute history
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Source documents
- Declaration & bylawsthe rules
- Budget & financialsthe money
- Reserve studythe big repairs
- Meeting minuteswhat the board fears
Cross-reference
The risk lives in the contradiction between documents.
An assessment in the minutes but not the estoppel; a reserve the budget never funds.
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How CondoSignal reviews this
We read the reserve study, operating budget, and 24 months of meeting minutes together — indiana governance risk risk usually lives in the contradiction between documents, not in any single one of them. Every finding cites the source document, the page number, and the quoted text behind it.
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Related risk areas
Read these next to round out your due diligence
Condo document review
A condo document review is the structured analysis of every disclosure document your seller or association has provided — declaration, bylaws, rules, reserve study, budgets, financials, meeting minutes, insurance summary, estoppel or resale certificate, and any pending special assessment notices.
HOA document review
An HOA document review reads the full association document set — declaration or deed restrictions, CC&Rs, bylaws, resale or disclosure certificate, current budget, audited financials, meeting minutes, and any enforcement history — and surfaces the items that actually affect your ownership cost, your usage rights, and your exposure to surprise assessments.
Special assessments
Special assessments are the single largest source of financial surprise in condo and HOA ownership.
Related reading
Guides for Indiana buyers and owners
Reading HOA Meeting Minutes Before You Buy: Red Flags to Look For
Meeting minutes often reveal problems before they appear in the resale package summary — deferred repairs, insurance struggles, assessments in formation. Learn the red flags to look for before you buy.
What to Look for in Condo Documents: A Buyer's Complete Guide
A resale package contains roughly a dozen documents. Learn what each one discloses, what most buyers overlook, and which sections to read closely before you close.
The Complete Condo Buying Checklist (2026)
A four-phase due diligence framework — pre-offer through post-closing — covering documents, fees, reserves, insurance, lender requirements, and governance risk.
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Reviewed by Kirk Hasley, Founder. Every claim here is checked against current Indiana statute and primary sources, using the same documented review framework we run on every file. Last reviewed June 13, 2026.
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Review the documents before your contingency ends
Most buyers get 7–14 days to review condo documents. Upload the packet — we read the reserve study, budget, minutes, and insurance summary and flag the risks, every finding linked to the exact page. Free.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer
- Property manager