§ 8-1-2-1.2 — Landlord, condominium association, or homeowners association distributing water or sewer service; not considered public utility; permissible charges; disclosure; complaints

Indiana § 8-1-2-1.2

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 2: Utility Regulation

Text

2. (a) As used in this section, "association"
refers to a condominium association or a homeowners association.
(b) As used in this section, "common areas and facilities", with
respect to a condominium, has the meaning set forth in IC 32-25-2-4.
(c) As used in this section, "condominium association" refers to:
(1) the association of co-owners (as defined in IC 32-25-2-2);
(2) the board of directors; or
(3) the manager or managing agent;
for a condominium that is subject to IC 32-25.
(d) As used in this section, "condominium unit" has the meaning set
forth in IC 32-25-2-9.
(e) As used in this section, "co-owner", with respect to a
condominium, has the meaning set forth in IC 32-25-2-11.
(f) As used in this section, "dwelling unit" means a room or rooms:
(1) suitable for residential occupancy; and
(2) containing plumbing for water or sewage disposal service.
The term includes a lot in a mobile home community or similar
multi-user installation. The term does not include hotels, motels, or
other similar transient lodging.
(g) As used in this section, "homeowners association" has the
meaning set forth in IC 32-25.5-2-4. The term includes the board of
directors of a homeowners association acting on behalf of the
homeowners association.
(h) As used in this section, "landlord" refers to:
(1) an owner of a dwelling unit that is rented or leased to another
person; or
(2) a person acting on behalf of a person described in subdivision
(1).
(i) As used in this section, "member" refers to a member of a
homeowners association.
(j) As used in this section, "water or sewer utility" means:
(1) a public utility (as defined in IC 8-1-2-1(a));
(2) a municipally owned utility (as defined in IC 8-1-2-1(h));
(3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
(4) a cooperatively owned corporation;
(5) a conservancy district established under IC 14-33; or
(6) a regional district established under IC 13-26;
that provides water service, sewage disposal service, or both water and
sewage disposal service, to the public.
(k) A landlord or an association that distributes water or sewage
disposal service from a water or sewer utility to one (1) or more
dwelling units, condominium units, or members is not a public utility
solely by reason of engaging in this activity if the landlord does either
of the following:
(1) The landlord or association charges a flat fee that:
(A) is assessed at regular intervals, such as monthly or
annually; and
(B) includes water or sewage disposal service;
without separately itemizing or billing for the water or sewage
disposal service included in the fee.
(2) Subject to subsection (l), the landlord or association bills
tenants, co-owners, or members separately for:
(A) the water or sewage disposal service distributed; and
(B) any costs permitted by subsection (l)(4).
(l) A landlord or an association that bills tenants, co-owners, or
members under subsection (k)(2) shall comply with the following:
(1) In the case of a landlord, the total charge for the water or
sewage disposal services may not exceed what the landlord paid
the water or sewer utility for the same services, less the landlord's
own use.
(2) In the case of an association, the total charge for the water or
sewage disposal service may not exceed what the association paid
the water or sewer utility for the same services, including amounts
paid to the utility for water or sewage disposal service provided
for common areas and facilities.
(3) The landlord or association shall make a disclosure to each
tenant, co-owner, or member that satisfies subsection (m). A
disclosure required by this subdivision must be included in one
(1) or more of the following, as applicable:
(A) The lease.
(B) The tenant's first bill.
(C) The co-owner's or member's first bill or assessment for the
water or sewage disposal service.
(D) The property's covenants, conditions and restrictions,
bylaws, governing documents (as defined in IC 32-25.5-2-3),
condominium instruments (as defined in IC 32-25-2-8), or other
similar documents.
(E) A separate writing signed by the tenant, co-owner, or
member.
(4) A landlord or an association may charge only the following
costs:
(A) A reasonable initial set-up fee.
(B) A reasonable administrative fee that may not exceed four
dollars ($4) per month.
(C) A reasonable fee for the return for insufficient funds of an
instrument in payment of charges.
(m) A disclosure required by subsection (l)(3) must:
(1) be printed using a font that is not smaller than the largest font
used in any other part of the document in which the disclosure is
included; and
(2) include the following:
(A) A description of the water or sewage disposal services to be
provided.
(B) An itemized statement of the fees that will be charged as
permitted under subsection (l)(4).
(C) The following statement: "If you believe you are being
charged in violation of this disclosure or if you believe you are
being billed in excess of the utility services provided to you as
described in this disclosure, you have a right under Indiana law
to file a complaint with the Indiana Utility Regulatory
Commission. You may contact the Commission at (insert phone
number for the Commission).".
(n) If a complaint is filed under section 34.5 or 54 of this chapter
alleging that a landlord or an association may be acting in violation of
this section, the commission shall:
(1) consider the issue; and
(2) if the commission considers necessary, enter an order
requiring that billing be adjusted to comply with this section.

Legislative History

As added by P.L.103-2008, SEC.1. Amended by P.L.1-2009, SEC.64; P.L.62-2019, SEC.1.