§ 32-25-7-6 — Presumption of consent to changes; reallocation of interests in common area; liens

Indiana § 32-25-7-6

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 25: CONDOMINIUMS
• Ch. 7: Declaration

Text

(a) Except as provided in subsection (b), if the
declaration for a condominium is in conformity with section 2 of this
chapter, it is presumed that any owner of a condominium unit in that
condominium has consented to the changes in the percentage of
undivided interest in the common areas and facilities appertaining to
the owner's unit.
(b) An owner of a condominium unit who entered an agreement to
purchase that unit before the recordation of the declaration may not be
presumed to have consented to the changes referred to in subsection (a)
unless the owner:
(1) was provided a copy of:
(A) the expansion provisions; or
(B) the declaration; and
(2) made a written acknowledgment of the receipt of the
provisions before entering the purchase agreement.
(c) The reallocation of percentage of undivided interests in the
common areas and facilities vests when the amendment to the
declaration incorporating the reallocated percentages is recorded.
(d) When the amendment to the declaration incorporating:
(1) the addition of condominium units;
(2) the expansion of common areas and facilities; or
(3) both addition and expansion as described in subdivisions (1)
and (2);
is recorded, all liens, including mortgage liens, are released as to the
percentage of undivided interests in the common areas and facilities
described in the declaration (before amendment of the declaration) and
shall attach to the reallocated percentage of undivided interests in the
common areas and facilities described in the amendment to the
declaration as though the liens had attached to those percentage
interests on the date of the recordation of the mortgage or other
document that evidences the creation of the lien. The percentage
interest in the common areas and facilities appertaining to additional
condominium units being added by the amendment to the declaration
are subject to mortgage liens and other liens upon the recordation of the
amendment to the declaration.
[Pre-2002 Recodification Citation: 32-1-6-15.2.]

Legislative History

As added by P.L.2-2002, SEC.10.