§ 32-25-5-2 — Unpaid assessments; grantee and grantor jointly and severally liable

Indiana § 32-25-5-2

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 25: CONDOMINIUMS
• Ch. 5: Conveyance Procedures

Text

(a) Except as provided in subsection (b) or (d),
in a voluntary conveyance, the grantee of a condominium unit is jointly
and severally liable with the grantor for all unpaid assessments against
the grantor for the grantor's share of the common expenses incurred
before the grant or conveyance, without prejudice to the grantee's right
to recover from the grantor the amounts of common expenses paid by
the grantee.
(b) The grantee:
(1) is entitled to a statement from the association, manager, or
board of directors setting forth the amount of the unpaid
assessments against the grantor; and
(2) is not liable for, nor shall the condominium unit conveyed be
subject to a lien for, any unpaid assessments against the grantor
in excess of the amount set forth in the statement.
(c) The grantee may obtain the statement of unpaid assessments
described in subsection (b) by making a written request to the
association, manager, or board of directors at:
(1) the last address at which the grantor made a payment of the
assessments; or
(2) the address for the association, manager, or board of directors
as listed in the records of the secretary of state.
(d) If the association, manager, or board of directors does not
provide, by first class or certified mail, a statement of unpaid
assessments not later than ten (10) business days after receipt of the
written request, the:
(1) grantee is not liable for; and
(2) condominium unit conveyed is not subject to a lien for;
any unpaid assessments against the grantor.
[Pre-2002 Recodification Citation: 32-1-6-23.]

Legislative History

As added by P.L.2-2002, SEC.10. Amended by P.L.94-2014, SEC.7.