IndianaHB 1115Second Regular Session 124th General Assembly (2026)HouseWALLET

Homeowners association governance.

Sponsored By: Julie Olthoff (Republican)

Signed by Governor

Summary

Amends the statute governing residential real estate sales disclosures to provide that in the case of a resale or refinance of property covered by the governing documents of a homeowners association (HOA), an HOA or an agent of the HOA providing a statement of unpaid assessments or other charges relating to a property may not charge more than $50 for the statement. (HEA 1152-2026 prohibits an HOA from charging a fee for the statement.) Provides that an HOA member is considered to be in attendance at a meeting of the HOA if the member attends by remote or virtual means in accordance with the statutory procedures for remote meetings of nonprofit corporations. Requires the board of an HOA to provide to HOA members at least four days advance written notice of any meeting of the board. Provides that the meeting notice must include: (1) a meeting agenda; and (2) in the case of a notice for an annual meeting, a statement of the right of HOA members to demand a special meeting of the members, including a statement of the required number of members needed to demand a special meeting. Amends the provision in HEA 1152-2026 that prohibits an HOA, an agent of an HOA, or an HOA management company from charging a homeowner a fee associated with any service provided by the HOA to specify that such services include services that are included in the homeowner's association assessment but do not include any optional service that is offered to a homeowner in connection with the homeowner's individual lot in the subdivision and that the homeowner opts to receive. Provides that a schedule of any optional services offered must be approved by the board and distributed to HOA members on at least an annual basis and whenever there is a change in the fees for any of the offered services. Prohibits an HOA, an agent of an HOA, or an HOA management company from charging a homeowner a fee associated with the production of a statement of account setting forth the amount of any unpaid assessments or other charges due and owing from the homeowner. Requires an HOA or its agent to maintain an account statement for a homeowner and provide the statement to the homeowner upon request. Provides that the governing documents of an HOA may not require that the consent of more than 2/3 of the owners be required to amend the HOA's governing documents. Provides that an HOA's governing documents may not require the consent of more than 2/3 of first lien mortgage holders in order to amend the governing documents. Removes the provision in current law that provides that the governing documents may require the approval of at least 95% of the owners to convey common areas or to dissolve the plan of governance for the HOA. Authorizes an HOA to assess a fine for a member's violation of a covenant if the HOA first: (1) adopts a schedule of fines for specified violations; and (2) provides to the member a notice setting forth the violation, the amount of the fine, and the date on which the fine will be assessed. Requires a schedule of fines to include a maximum aggregate fine amount for any single violation.

judiciarythe senate

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

8 provisions identified: 5 benefits, 0 costs, 3 mixed.

Homeowner fine disputes require claim notices

Beginning July 1, 2026, claims involving assessment or enforcement of covered covenant fines are not exempt from the pre-claim process. Notices must describe the facts, including dates, times, locations, people involved, and the respondent's role. They must identify supporting rules or laws, the specific relief sought, and the right to a meeting within 10 business days of notice. Respondents must request a meeting in writing within 10 business days after the notice date. Notices must give a contact's name and address for requesting a meeting or reporting that the violation was fixed.

Homeowners gain access to financial records

Beginning July 1, 2026, associations and board members must keep financial-transaction messages for at least two years after sending or receiving them. Members can request these written or electronic messages unless a legal disclosure exception applies. Financial records and board meeting minutes must also be available for inspection upon written request, without record-search fees. Disclosure exceptions include unsigned contracts, contract negotiations, others' personal account information, legally protected information, and records older than two years. Associations can also withhold member-supplied information about another member involving suspected criminal activity.

Homeowners get budget notices and votes

Beginning July 1, 2026, associations must prepare annual budgets showing expected income, expenses, and any surplus or deficit. Members must receive the proposed budget or notice of its availability, plus notice of any proposed annual assessment change. Approval requires a majority of members attending a meeting held under the governing documents. Attendance includes in-person participation, proxies, and remote or virtual participation that follows the state's required procedures. Without enough members for a quorum, the board can adopt a budget no larger than 100% of the last approved yearly budget.

Limits on homeowners association fees

Beginning July 1, 2026, homeowners associations and their agents cannot charge more than $50 for a resale or refinance statement. Separately, associations must maintain homeowners' account statements showing unpaid charges and provide them free on request. Associations, agents, and management companies cannot charge extra for services already covered by regular assessments. Making an included service optional requires majority approval from members attending a properly called meeting. Optional services can carry separate fees, but the board must approve and distribute a fee schedule annually and whenever fees change; unpaid optional fees cannot become property liens.

More homeowner access to association decisions

Beginning July 1, 2026, specified Indiana homeowners association rules cover all associations, including pre-July 2009 associations whose members never opted in. Members can attend board meetings and must receive written notice with an agenda at least four days ahead. At least 10% of members can demand a special meeting through a signed written request stating its purpose. If the board sends no meeting details within 30 days, a signer can set the meeting and notify members. Annual meeting notices must explain this right and state how many members must sign.

Homebuyers get association details before closing

The law takes effect July 1, 2026, and its disclosure rule covers property transfers after June 30, 2015. Sellers must give buyers the required association information at least 10 days before closing. This includes notice of association membership, recorded governing documents, and whether assessments exist and their amounts. Sellers must also provide names and business or home addresses for board members, association agents, and management-service providers. Missing disclosures do not prevent enforcement of the governing documents.

Homeowner fines require schedules and notice

Beginning July 1, 2026, associations can fine members for covered covenant violations only after adopting a fine schedule with member notice. The schedule must list violations, amounts, recurring periods or until-fixed terms, calculation methods, and a maximum total for each violation. Before assessing a fine, the board must state the violation, amount, assessment date, and any ongoing-fine terms. Members can inspect the schedule and request accessible information about accrued fines; recurring fines cannot exceed the scheduled maximum. Changing or repealing the schedule requires notice and a member meeting, and members can demand a special meeting to vote on changes. Fines do not replace other enforcement options, including court orders, damages, and liens for enforceable charges.

Homeowner rule changes need fewer approvals

Beginning July 1, 2026, governing documents must allow owner amendments with no more than two-thirds approval, down from 75%. Owners can approve amendments at meetings, including properly demanded special meetings, or in writing. Developer consent is required only while the developer owns a unit and within seven years of the documents' first recording. When first-mortgage-holder consent is required, only holders giving the board secretary an address need notice, and approval must be written. Their required approval share cannot exceed two-thirds; no response within 30 days after receiving a written request counts as consent. The former 95% owner-approval requirement for common-area transfers or plan dissolution is removed, and conflicting amendment rules cannot be enforced.

Sponsors & Cosponsors

Sponsor

  • Julie Olthoff

    Republican • House

Cosponsors

  • Dan Dernulc

    Republican • Senate

  • Ethan Lawson

    Republican • House

  • Garrett Bascom

    Republican • House

  • Mike Andrade

    Democratic • House

  • Spencer Deery

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 259 • No: 22

House vote • 2/27/2026

Rules Suspended. Conference Committee Report 1: adopted by the House

Yes: 92 • No: 2

Senate vote • 2/27/2026

Rules Suspended. Conference Committee Report 1: adopted by the Senate

Yes: 37 • No: 10

Senate vote • 2/24/2026

Third reading: passed

Yes: 40 • No: 8

House vote • 1/28/2026

Third reading: passed

Yes: 90 • No: 2

Actions Timeline

  1. Public Law 155

    3/12/2026House
  2. Signed by the Governor

    3/12/2026House
  3. Signed by the President Pro Tempore

    3/5/2026Senate
  4. Signed by the Speaker

    3/3/2026House
  5. Signed by the President of the Senate

    3/2/2026Senate
  6. Rules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 331: yeas 37, nays 10

    2/27/2026Senate
  7. Rules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 423: yeas 92, nays 2

    2/27/2026House
  8. CCR # 1 filed in the Senate

    2/27/2026Senate
  9. CCR # 1 filed in the House

    2/27/2026House
  10. House advisors appointed: Lawson, Bascom, Bauer, Garcia Wilburn

    2/25/2026House
  11. House conferees appointed: Olthoff, Andrade

    2/25/2026House
  12. Senate conferees appointed: Deery, Randolph Lonnie M

    2/25/2026Senate
  13. Senate advisors appointed: Dernulc, Ford J.D.

    2/25/2026Senate
  14. Motion to dissent filed

    2/24/2026House
  15. Third reading: passed; Roll Call 234: yeas 40, nays 8

    2/24/2026Senate
  16. House dissented from Senate amendments

    2/24/2026House
  17. Returned to the House with amendments

    2/24/2026Senate
  18. Amendment #4 (Deery) prevailed; voice vote

    2/23/2026Senate
  19. Second reading: amended, ordered engrossed

    2/23/2026Senate
  20. Amendment #5 (Ford J.D.) failed; voice vote

    2/23/2026Senate
  21. Committee report: amend do pass, adopted

    2/19/2026Senate
  22. First reading: referred to Committee on Judiciary

    2/2/2026Senate
  23. Referred to the Senate

    1/29/2026House
  24. Senate sponsors: Senators Deery, Dernulc

    1/28/2026House
  25. Third reading: passed; Roll Call 144: yeas 90, nays 2

    1/28/2026House

Bill Text

  • Engrossed House Bill (H)

  • Enrolled House Bill (H)

  • House Bill (S)

  • Introduced House Bill (H)

Related Bills

Back to State Legislation