Title 32, PROPERTY

Sec. 13. (a) Subject to the declaration and this chapter, a declarant may add additional real estate to an expandable condominium if an amendment to the declaration required by subsection (b) is executed in the manner described in section 3 of this chapter. The expansion is effec…

Sec. 14. (a) Subject to: (1) the declaration; (2) condominium instruments; and (3) this chapter; a declarant may withdraw withdrawable land from a contractable condominium unless the withdrawal is prohibited by subsection (c). The contraction is effective when the instruments req…

Sec. 15. If a declarant reserves an option in the declaration to not expand the condominium, the declarant shall: (1) make a full disclosure of that option to every prospective buyer in writing before the buyer enters an agreement to purchase a condominium unit; and (2) obtain an…

Sec. 16. (a) All of the co-owners may remove a property from this article by a recorded removal instrument if the holders of all liens affecting any of the condominium units: (1) consent in a recorded instrument to the removal; or (2) agree in a recorded instrument that their lie…

Sec. 2. The bylaws must provide for the following: (1) With respect to the board of directors: (A) the election of the board from among the co-owners; (B) the number of persons constituting the board; (C) the expiration of the terms of at least one-third (1/3) of the directors an…

Sec. 2.5. (a) A co-owner of the condominium is entitled to attend any meeting of the board of directors of the condominium, including the annual meeting. However, the board of directors may meet in private to discuss delinquent assessments. The board of directors may also meet in…

Sec. 3. (a) The following shall be recorded: (1) A declaration. (2) An amendment to a declaration. (3) An instrument by which this article may be waived. (4) An instrument affecting the property or any condominium unit. (b) A declaration and any amendment to a declaration are val…

Sec. 4. (a) A declarant may: (1) maintain: (A) sales offices; (B) management offices; and (C) model condominium units; in the condominium only if the condominium instruments provide for those items; and (2) specify the rights of the declarant with regard to the: (A) number; (B) s…

Sec. 5. A condominium unit owner may not make an alteration or structural change that would: (1) jeopardize the soundness or safety of the property; (2) reduce the value of the property; or (3) impair any easement or hereditament; unless the condominium unit owner has obtained th…

Sec. 6. The: (1) common profits of the property shall be credited to; and (2) common expenses of the property shall be charged to; the condominium unit owners according to the percentage of the owners' undivided interests in the common areas and facilities. [Pre-2002 Recodificati…

Sec. 6.5. (a) 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 this article. (b) A condominium associ…

Sec. 7. (a) Taxes, assessments, and other charges of: (1) the state; (2) any political subdivision; (3) any special improvement district; or (4) any other taxing or assessing authority; shall be assessed against and collected on each condominium unit. Taxes, assessments, and othe…

Sec. 8. (a) The manager or board of directors shall keep detailed, accurate records in chronological order of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing: (1) the maintenance and repair expenses of the common areas and facilit…

Sec. 9. (a) The co-owners, through the association of co-owners, shall purchase: (1) a master casualty policy, payable as part of the common expenses, affording fire and extended coverage in an amount consonant with the full replacement value of the improvement that in whole or i…

Sec. 1. (a) When the fence rails or other property of a person in Indiana are removed by high water and lodged upon the real property of another person, the owner of the fence rails or other property may proceed, within sixty (60) days after the fence rails or other property are …

Sec. 2. Before the arbitrators proceed under section 1 of this chapter, the arbitrators must swear, before a person who may administer oaths, to discharge the arbitrators' duties faithfully, impartially, and according to law. [Pre-2002 Recodification Citation: 32-10-8-2.] As adde…

Sec. 3. If at least ten (10) persons claim the same property under section 1 of this chapter, the persons shall give notice to all interested persons of the time and place of the arbitration. Upon hearing all the facts and circumstances in the case, the arbitrators shall award to…

Sec. 4. It is not a trespass for a person to go upon the real property of another person for the purposes set forth in this chapter. A person who goes upon the real property of another person under this chapter shall go upon the route that will do the least possible injury to the…

Sec. 1. (a) Except as provided in subsection (b), an action may not be brought for the foreclosure of a lien of an assessment for a: (1) street; (2) sewer; (3) sidewalk; (4) ditch; or (5) other public improvement; if the action is not commenced within five (5) years after the rig…

Sec. 1. If a suit is brought to foreclose a mortgage, the mortgagee or an assignee shown on the record to hold an interest in the mortgage shall be named as a defendant. [Pre-2002 Recodification Citation: 32-8-17-1 part.] As added by P.L.2-2002, SEC.14.

Sec. 2. A person who is assigned a mortgage and fails to have the assignment properly placed on the mortgage record is bound by the court's judgment or decree as if the person were a party to the suit. [Pre-2002 Recodification Citation: 32-8-17-1 part.] As added by P.L.2-2002, SE…

Sec. 3. A person who: (1) purchases a mortgaged premises or any part of a mortgaged premises under the court's judgment or decree at a judicial sale or who claims title to the mortgaged premises under the judgment or decree; and (2) buys the mortgaged premises or any part of the …

Sec. 4. (a) As used in this section, "interested person", with respect to an action to foreclose a mortgage on an interest in real property in Indiana, means: (1) the holder of the evidence of debt secured by the mortgage being foreclosed; (2) a person: (A) who purchases the prop…

Sec. 1. As used in this chapter, "nuisance" means the use of a property to commit an act constituting an offense under IC 35-48-4. [Pre-2002 Recodification Citation: 34-19-3-1.] As added by P.L.2-2002, SEC.15. Amended by P.L.142-2020, SEC.50.

Sec. 10. The court may issue an injunction or order other equitable relief under this chapter regardless of whether an adequate remedy exists at law. [Pre-2002 Recodification Citation: 34-19-3-10.] As added by P.L.2-2002, SEC.15.

Sec. 10.5. In addition to the remedies and penalties specified in sections 10, 11, 12, and 13 of this chapter, the court may do any of the following in an action brought under this chapter concerning the sale or solicited sale of a synthetic drug (as defined in IC 35-31.5-2-321),…

Sec. 11. Notwithstanding any other provision of law, and in addition to or as a component of a remedy ordered under section 10 of this chapter, the court, after a hearing, may order a tenant that created a nuisance on the property leased by the tenant to vacate the property withi…

Sec. 12. (a) The court, after a hearing under this chapter, may grant a judgment of restitution or the possession of the property to the owner if: (1) the owner and tenant are parties to the action; and (2) the tenant has failed to obey an order issued under section 10 or 11 of t…

Sec. 13. In an action under this chapter, the court may order the owner of the property to submit for court approval a plan for correction to ensure, to the extent reasonably possible, that the property will not again be used for a nuisance if the owner: (1) is a party to the act…

Sec. 14. Except as provided in section 13 of this chapter, the court may order appropriate relief under this chapter without proof that a defendant knew of the existence of the nuisance. [Pre-2002 Recodification Citation: 34-19-3-14.] As added by P.L.2-2002, SEC.15.

Sec. 15. In any action brought under this chapter: (1) evidence of the general reputation of the property is admissible to corroborate testimony based on personal knowledge or observation, or evidence seized during the execution of a search and seizure warrant, but is not suffici…

Sec. 2. (a) Except as provided in subsection (d), as used in this chapter, "property" means a house, a building, a mobile home, or an apartment that is leased for residential or commercial purposes. (b) The term includes: (1) an entire building or complex of buildings; or (2) a m…

Sec. 3. (a) As used in this chapter, "tenant" means a person who leases or resides in a property. (b) The term does not include a person who: (1) owns a mobile home; (2) leases or rents a site in a mobile home community for residential use; and (3) resides in a mobile home commun…

Sec. 4. An action to abate a nuisance under this chapter may be initiated by any of the following: (1) The prosecuting attorney of the circuit where the nuisance is located. (2) The corporation counsel or city attorney of a city in which a nuisance is located. (3) An attorney rep…

Sec. 5. (a) A person initiating an action under this chapter to abate a nuisance existing on a property shall, at least forty-five (45) days before filing the action, provide notice to: (1) each tenant of the property; and (2) the owner of record; that a nuisance exists on the pr…

Sec. 6. If the owner of record of a property that is the subject of an action under this chapter initiates or joins in the action under this chapter, the requirement under section 5 of this chapter to provide notice at least forty-five (45) days before filing does not apply to th…

Sec. 7. (a) Notice of a complaint initiating an action under this chapter must be made as provided in the Indiana Rules of Trial Procedure. (b) Except in an action under this chapter in which the owner of record of the property that is the subject of the action initiates or joins…

Sec. 8. (a) If the defendant has not been personally served with process despite the exercise of due diligence, the person initiating an action under this chapter, not more than twenty (20) days after the filing of a complaint and the filing of an affidavit that personal service …

Sec. 9. (a) Except as otherwise provided under rules adopted by the Indiana supreme court, upon the filing of a complaint initiating an action under this chapter, the court shall schedule a hearing not later than twenty (20) days after the filing date. (b) Service of process must…

Sec. 1. (a) Except as provided in subsection (b), this chapter applies only to dwelling units that are let for rent under a rental agreement entered into after June 30, 2002. (b) This chapter does not apply to dwelling units that are let for rent with an option to purchase under …

Sec. 2. The definitions in IC 32-31-3 apply throughout this chapter. As added by P.L.92-2002, SEC.2.

Sec. 3. As used in this chapter, "rental premises" includes all of the following: (1) A tenant's rental unit. (2) The structure in which the tenant's rental unit is a part. As added by P.L.92-2002, SEC.2.

Sec. 4. A waiver of the application of this chapter by a landlord or tenant, by contract or otherwise, is void. As added by P.L.92-2002, SEC.2.

Sec. 5. A landlord shall do the following: (1) Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition. (2) Comply with all health and housing codes applicable to the rental premises. (3) Make all reasonable e…

Sec. 6. (a) A tenant may bring an action in a court with jurisdiction to enforce an obligation of a landlord under this chapter. (b) A tenant may not bring an action under this chapter unless the following conditions are met: (1) The tenant gives the landlord notice of the landlo…

Sec. 7. (a) The residential landlord-tenant statute (as defined in IC 32-31-2.9-2) does not prohibit an owner or a landlord from refusing to rent a rental unit on the basis of a reasonable occupancy standard. (b) For purposes of this section, an occupancy standard is presumed rea…