§ 32-28-14-7 — Liability for unpaid assessment

Indiana § 32-28-14-7

• Jurisdiction: Indiana
• Title 32: PROPERTY
• Art. 28: LIENS ON REAL PROPERTY
• Ch. 14: Homeowners Association Liens

Text

(a) Except as provided in subsection (b), in a
voluntary conveyance, the grantee of real estate 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 manager, board of directors,
or other governing authority of the homeowners association that
sets forth the amount of the unpaid assessments against the
grantor; and
(2) is not liable for, and the real estate conveyed is not subject to
a homeowners association lien for, any unpaid assessments
against the grantor unless the lien for unpaid assessments is
recorded under section 6 of this chapter before recording the deed
by which the grantee takes title.
(c) If the mortgagee of a first mortgage of record or other purchaser
of real estate obtains title to the real estate as a result of foreclosure of
the first mortgage, the acquirer of title or the acquirer's successors and
assigns are not liable for the share of the common expenses or
assessments by the homeowners association chargeable to the real
estate that became due before the acquisition of title to real estate by
the acquirer. The unpaid share of common expenses or assessments is
considered to be common expenses collectible from all of the owners
of real estate in the subdivision, including the acquirer or the acquirer's
successors and assigns.

Legislative History

As added by P.L.135-2007, SEC.3.