Title 32, PROPERTY

Sec. 12. (a) A developer, or exchange company if the exchange company is dealing directly with the participants or camping club members, that offers a program for the exchange of occupancy rights among time share participants or camping club members or with the purchasers or memb…

Sec. 13. (a) The division may receive, investigate, and prosecute complaints concerning persons subject to this chapter. (b) The director may subpoena witnesses and send for and compel the production of books, records, papers, and documents of time share or camping club developer…

Sec. 14. A person who violates this chapter commits a deceptive act and is subject to the penalties and remedies provided in IC 24-5-0.5. Any action by the attorney general for violations of this chapter may be brought in the circuit or superior court of Marion County. [Pre-2002 …

Sec. 15. In the administration of this chapter, the attorney general may execute an assurance of voluntary compliance with a time share developer in existence on September 1, 1985, in the same manner as provided in IC 24-5-0.5-7(a), except that no filing with the court is require…

Sec. 2. Any amendment by the developer of the provisions of the document that created the time share or camping club membership, or of the articles of incorporation, trust, or bylaws, must be filed with the division. [Pre-2002 Recodification Citation: 24-5-9-23.] As added by P.L.…

Sec. 3. (a) A time share or camping site developer who applies for registration under section 1 of this chapter shall pay a one (1) time registration fee of two hundred fifty dollars ($250). (b) Each July 1 after a developer applies for registration under section 1 of this chapte…

Sec. 4. All registration statements and information required to be filed under this chapter with the division are subject to IC 5-14-3. [Pre-2002 Recodification Citation: 24-5-9-25.] As added by P.L.2-2002, SEC.17.

Sec. 5. A time share project and camping club project must be created by a time share instrument or camping club membership agreement. The membership agreement must include the following provisions: (1) A legal description of the time share project or camping club project that tr…

Sec. 6. A transfer of an interest in a time share unit or camping club membership shall be by written contract that includes or incorporates by reference the following provisions: (1) A legal description of the time share unit or camping site that transfers an interest in real pr…

Sec. 7. (a) A purchaser has the right to cancel a camping club membership or time share purchase within seventy-two (72) hours after the execution of the sales contract, excluding Sundays and legal holidays as set forth in IC 1-1-9-1. The right of cancellation shall be set forth …

Sec. 8. The attorney general may require: (1) that a developer file a performance bond with the division; or (2) that all or part of the money collected from the consumer as part of a purchase of a time share instrument or camping club membership, including closing costs and exch…

Sec. 9. If a time share unit or camping site is not available for a period to which the owner is entitled by schedule or by confirmed reservation and the developer is responsible for the unavailability of the unit or site, the participant is entitled at the participant's election…

Sec. 1. (a) A person doing any cleaning, glazing, washing, alteration, repair, or furnishing any materials or supplies for or upon any garment, clothing, wearing apparel, or household goods has a lien on the item for the reasonable value of the unpaid work, labor or material, and…

Sec. 2. (a) This section does not apply to persons, firms, partnerships, limited liability companies, or corporations operating as warehouses or warehousemen. (b) All garments, clothing, wearing apparel, or household goods: (1) that are placed in storage; or (2) on which any of t…

Sec. 3. The mailing of a letter that has a return address, that is addressed to the owner at the owner's address given at the time of delivery of the article to a person, firm, partnership, limited liability company, or corporation to render any of the services or labors set fort…

Sec. 4. The person, firm, partnership, limited liability company, or corporation to whom the charges are payable shall: (1) from the proceeds of sale, deduct the charges due plus the costs of notifying the owner; (2) hold the over-plus, if any, subject to the order of the owner; …

Sec. 5. All persons, firms, partnerships, limited liability companies, or corporations taking advantage of this chapter must keep posted in a prominent place in their receiving office at all times two (2) notices that must read as follows: "All articles cleaned, pressed, glazed, …

Sec. 1. (a) At least seventy-two (72) hours before the execution of a contract between a performing rights society and a proprietor, the performing rights society shall provide the proprietor with the following written information: (1) A schedule of the rates and terms of royalti…

Sec. 2. A contract executed, issued, or renewed in Indiana between a performing rights society and a proprietor must be in a writing signed by the parties and must include the following information: (1) The name and business address of the proprietor. (2) The name and address of …

Sec. 1. Notwithstanding any other law, the trustee of a trust is considered to be the insured owner under a policy or commitment that insures or proposes to insure an interest in real property that is transferred to the trust if: (1) the transferee of the interest in real propert…

Sec. 1. A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if the creator of the interest or power imposed: (1) a spendthrift provision or similar restriction on trans…

Sec. 2. Except to the extent a fiduciary's right to disclaim is expressly restricted or limited by another statute or by the instrument creating the fiduciary relationship, a fiduciary may disclaim, in whole or part, any interest in or power over property, including a power of ap…

Sec. 3. (a) As used in this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (b) A disclaimer must: (1) be in a writing or other record; (2) state that it is a dis…

Sec. 4. A partial disclaimer may be expressed as: (1) a fraction; (2) a percentage; (3) a monetary amount; (4) a term of years; (5) a limitation of a power; or (6) any other interest or estate in the property. As added by P.L.5-2003, SEC.1.

Sec. 5. A disclaimer becomes irrevocable upon the occurrence of the later of the following to occur: (1) The disclaimer is delivered or filed as set forth in IC 32-17.5-7. (2) The disclaimer becomes effective as set forth in IC 32-17.5-4 through IC 32-17.5-6. As added by P.L.5-20…

Sec. 6. A disclaimer made under this article is not a transfer, an assignment, or a release. As added by P.L.5-2003, SEC.1.

Sec. 1. (a) The plane coordinates of a point to be used in expressing the geographic position or location of the point in the appropriate zone of the INPCS must consist of two (2) distances, expressed in feet and decimals of a foot or meters and decimals of a meter. When a value …

Sec. 2. To locate the position of the coordinate systems on the surface of the earth within Indiana, the position of the INPCS must be established by geodetic control points or positioning systems, such as the Continuously Operating Reference Stations (CORS) that are part of the …

Sec. 3. Coordinates based on the Indiana coordinate system of 1927 (as described in IC 32-19), the Indiana coordinate system of 1983 (as described in IC 32-19), the INPCS, or any other coordinate system published by an agency of the federal government or the state, including the …

Sec. 4. The official geodetic datums to which geodetic coordinates are referenced within Indiana must be as defined for the NSRS. As added by P.L.147-2026, SEC.18.

Sec. 1. (a) A homeowners association shall maintain: (1) a current roster of all members of the association; and (2) the mailing address and legal description for each member of the association. (b) The homeowners association shall also maintain any electronic mail addresses or f…

Sec. 10. (a) This section applies to a proxy given by a member of a homeowners association. (b) A proxy that does not comply with this subsection is void. A proxy must include all the following: (1) The name and address of the member giving the proxy. (2) The name of the individu…

Sec. 11. (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…

Sec. 12. (a) A homeowners association may assess a fine for a member's violation of a covenant described in IC 32-25.5-2-3(2) if the board first adopts a schedule of fines that sets forth: (1) the covenant violations that are subject to a fine; (2) the amount of the fine that app…

Sec. 2. (a) In addition to any other meeting held by a board, a board shall hold a special meeting of the members of a homeowners association if at least ten percent (10%) of the members of the homeowners association submit to the board at least one (1) written demand for the spe…

Sec. 3. (a) A homeowners association shall prepare an annual budget. (b) The annual budget must reflect: (1) the estimated revenues and expenses for the budget year; and (2) the estimated surplus or deficit as of the end of the current budget year. (c) The homeowners association …

Sec. 3.1. (a) The amendments made by HEA 1152-2026 to section 3 of this chapter do not apply to a homeowners association established before July 1, 2026, if the homeowners association's governing documents allowed for the adoption of the annual budget for the ensuing year in an a…

Sec. 3.2. (a) This section applies to a homeowners association within the first five (5) years after the first sale of a lot or unit within the homeowners association from a developer to a person that is not affiliated with the developer. (b) If the number of members of the homeo…

Sec. 3.3. (a) This section applies to a homeowners association after the expiration of the fifth year following the first sale of a lot or unit by a developer to a person that is not affiliated with the developer. (b) If the number of members of the homeowners association in atte…

Sec. 3.5. A homeowners association (including a board acting on behalf of a homeowners association) that distributes water or sewage disposal service from a water or sewer utility to one (1) or more members of the homeowners association is not a public utility solely by reason of…

Sec. 4. (a) This section does not apply to: (1) a contract entered into by a board that would resolve, settle, or otherwise satisfy an act of enforcement against a homeowners association for violating a state or local law; or (2) a contract under IC 36-9-27.8. (b) A board may not…

Sec. 5. (a) This section does not apply to money borrowed by a homeowners association that is needed to: (1) resolve, settle, or otherwise satisfy an act of enforcement against the homeowners association for violating a state or local law; or (2) address an emergency that affects…

Sec. 7. A homeowners association may not suspend the voting rights of a member for nonpayment of any assessments unless: (1) the governing documents provide for suspension; and (2) the assessments are delinquent for more than six (6) months. As added by P.L.167-2009, SEC.2.…

Sec. 9. (a) The governing documents must contain a provision allowing the owners to amend the governing documents at any time, from time to time, subject to the following: (1) The declarant's consent to an amendment may be required if: (A) the declarant owns one (1) or more units…