Indiana § 32-25.5-3-11 Meeting to appoint or elect board members; failure to achieve quorum;
authority to enforce governing documents

Indiana Statutes

§ 32-25.5-3-11 — Meeting to appoint or elect board members; failure to achieve quorum; authority to enforce governing documents

Indiana § 32-25.5-3-11

Title 32PROPERTY

Art. 25.5HOMEOWNERS ASSOCIATIONS

This text of Indiana § 32-25.5-3-11 (Meeting to appoint or elect board members; failure to achieve quorum; authority to enforce governing documents) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-25.5-3-11 (2026).

Text

(a)If:

(1)a meeting of a homeowners association is called in accordance with the requirements of the homeowners association's governing documents, regardless of whether the meeting is:

(A)an annual meeting;

(B)a special meeting; or

(C)any other meeting called by the board or the members;

(2)a purpose of the meeting is the election or appointment of members of the board of directors of the homeowners association; and

(3)the number of members of the homeowners association in attendance at the meeting does not constitute a quorum as defined in the governing documents of the homeowners association; the members of the board of directors at the time of the meeting may continue to serve until their successors are selected and qualified, regardless of the length of any member's term or the

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(a) If:
(1) a meeting of a homeowners association is called in accordance
with the requirements of the homeowners association's governing
documents, regardless of whether the meeting is:
(A) an annual meeting;
(B) a special meeting; or
(C) any other meeting called by the board or the members;
(2) a purpose of the meeting is the election or appointment of
members of the board of directors of the homeowners association;
and
(3) the number of members of the homeowners association in
attendance at the meeting does not constitute a quorum as defined
in the governing documents of the homeowners association;
the members of the board of directors at the time of the meeting may
continue to serve until their successors are selected and qualified,
regardless of the length of any member's term or the number of terms
the member has served.
(b) The failure of a homeowners association to achieve a quorum at
a meeting described in subsection (a) does not exempt any member
from, or create an affirmative defense for any member with respect to:
(1) the member's obligations under the homeowners association's
governing documents; or
(2) the member's obligations to otherwise abide by covenants
regulating:
(A) the use of real estate; or
(B) the payment of assessments.
(c) If a homeowners association's governing documents permit both
the homeowners association and members of the homeowners
association to enforce provisions of the governing documents, the
homeowners association has authority both:
(1) as a corporation or an entity; and
(2) as derived from the members of the homeowners association's
board;
to enforce the governing documents of the homeowners association.