§ 32-21-2-3.5 — Homeowners association covenants

Indiana § 32-21-2-3.5

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 21: CONVEYANCE PROCEDURES FOR REAL
• Ch. 2: Recording Process

Text

5. (a) This section applies only to land
developments that include:
(1) at least two hundred fifty (250) single family homes; and
(2) at least two (2) different sections of lots:
(A) whose titles have all been conveyed from the land
developer;
(B) whose first plat and covenants have been recorded in the
office of the county recorder for at least fifteen (15) years;
(C) that are all governed by one (1) homeowners association;
and
(D) that are not all subject to the same homeowners association
covenants.
(b) Except as provided in subsection (c), if the lots included as part
of one (1) homeowners association are not all subject to the same
homeowners association covenants, new replacement covenants may
be recorded by the homeowners association using one (1) of the
following methods:
(1) The homeowners association covenants may be recorded in
accordance with section 3 of this chapter.
(2) Notwithstanding any covenant provisions or bylaws of the
homeowners association concerning amendments or revisions to
homeowners association covenants, the homeowners association
may:
(A) distribute to the owner of each lot included as part of the
homeowners association:
(i) a proposed set of homeowners association covenants that
would apply to all lots included as part of the homeowners
association; and
(ii) a petition to be signed by each lot owner on which the
owner indicates whether the owner approves or disapproves
of applying the proposed covenants to all lots included as part
of the homeowners association; and
(B) submit the petitions and covenants to the county recorder if:
(i) the lesser of a percentage of lot owners specified in the
covenants or two-thirds (2/3) of all lot owners approve of
applying the covenants to all lots included as part of the
homeowners association, as indicated by the petitions signed
by the lot owners; and
(ii) notwithstanding section 3 of this chapter, the signature of
each lot owner has been affirmed before a notary public or an
officer of the homeowners association submits an affidavit
with the covenants and the petitions that verifies and certifies
the signatures on the petitions.
Homeowners association covenants submitted to a county
recorder in accordance with this subdivision are considered to be
in effect on the date the covenants are recorded.
(c) A new replacement covenant described in subsection (b) does
not apply to and is not binding on property in one (1) section of lots to
the extent that the new replacement covenant:
(1) changes an existing covenant that pertains to minimum lot
area or minimum home size; or
(2) adds a new covenant that pertains to minimum lot area or
minimum home size.
(d) A new replacement covenant described in subsection (b) applies
only prospectively, beginning on the date the covenant is recorded. The
adoption of a new replacement covenant does not require a person to
alter the person's home or lot to comply with the new replacement
covenant if the condition of the person's home or lot was permissible
or authorized under the previous covenant.

Legislative History

As added by P.L.43-2013, SEC.2. Amended by P.L.122-2014, SEC.1.