§ 32-28-14-8 — Time limit for enforcing lien

(a) A homeowners association may enforce
a homeowners association lien by filing a complaint in the circuit or
superior court of the county where the real estate that is the subject of
the lien is located. The complaint:
(1) may not be filed earlier than ninety (90) days, unless:
(A) another person files a foreclosure action on the property
that is the subject of the lien; or
(B) a person files written notice to file an action to foreclose the
lien under section 9(a)(1) of this chapter; and
(2) must be filed not later than five (5) years;
after the date the statement and notice of intention to hold a lien was
recorded under section 6 of this chapter.
(b) If a lien is not enforced within the time set forth in subsection
(a), the lien is void.
(c) If a lien is foreclosed under this chapter, the court rendering
judgment shall order a sale to be made of the real estate subject to the
lien.

Legislative History

As added by P.L.135-2007, SEC.3. Amended by P.L.167-2009, SEC.3; P.L.99-2011, SEC.4; P.L.45-2016, SEC.7.