Title 32, PROPERTY

Sec. 9. (a) This section applies only to property located in that part of St. Joseph County containing a designated sole source aquifer. (b) This chapter only prohibits a governmental entity from requiring inspection of a Class 2 structure or residential onsite sewage system in c…

Sec. 1. This chapter does not apply to an exempt claim unless the parties agree that this chapter is applicable to the exempt claim. As added by P.L.141-2015, SEC.5.

Sec. 10. A claimant may not begin legal proceedings seeking redress or resolution of a claim until the claimant has complied with the procedures described in this chapter. As added by P.L.141-2015, SEC.5.

Sec. 11. A claimant shall provide notice of the claim to the respondent, stating plainly and concisely the following information: (1) The nature of the claim, including the date, time, location, persons involved, and the respondent's role in the claim. (2) The basis of the claim,…

Sec. 12. (a) This section applies if a respondent has requested a meeting under section 11 of this chapter not later than ten (10) business days after the date of the notice of the claim given under section 11 of this chapter. (b) The claimant and the respondent shall meet in per…

Sec. 13. (a) The parties are considered to be at an impasse if: (1) the respondent does not request a meeting under section 11 of this chapter; (2) either party fails to attend a meeting agreed upon under section 12 of this chapter; or (3) the parties are unable to settle the cla…

Sec. 14. If an impasse is reached and: (1) neither party requests mediation or arbitration; or (2) mediation or arbitration does not result in a settlement of the claim; the claimant may begin legal proceedings. As added by P.L.141-2015, SEC.5.

Sec. 15. (a) This section applies if a claim is settled through negotiation, mediation, or arbitration. (b) The settlement of the claim must be documented in a written agreement signed by each of the parties. (c) If a party fails to abide by the settlement agreement signed under …

Sec. 16. A release or discharge of a respondent from liability to the claimant with respect to the claim does not release or discharge the respondent with respect to any other person who is not a party to the claim. As added by P.L.141-2015, SEC.5.

Sec. 17. The board, on behalf of the association of co-owners, and without the consent of the co-owners, may do any of the following: (1) Negotiate settlements of claims or legal proceedings under this chapter. (2) Execute settlement agreements, waivers, releases of claims, or an…

Sec. 18. Except as otherwise provided in this chapter, each party shall bear its own costs for application of this chapter, including attorney's fees. As added by P.L.141-2015, SEC.5.

Sec. 2. As used in this chapter, "board" refers to the board of directors of an association of co-owners of a condominium. As added by P.L.141-2015, SEC.5.

Sec. 3. (a) As used in this chapter, "claim" refers to any of the following: (1) A claim arising out of, or relating to, the interpretation, application, or enforcement of the condominium instruments. (2) A claim relating to the rights or duties of the association of co-owners or…

Sec. 4. As used in this chapter, "claimant" refers to a party who has a claim against another party. As added by P.L.141-2015, SEC.5.

Sec. 5. As used in this chapter, "exempt claim" refers to any of the following claims or actions: (1) A claim by the association of co-owners for assessments or dues and any action by the association to collect assessments or dues. (2) An action by a party to obtain a temporary r…

Sec. 6. As used in this chapter, "legal proceedings" refers to either of the following: (1) An action maintained in a court. (2) An administrative proceeding initiated under an applicable law. As added by P.L.141-2015, SEC.5.

Sec. 7. As used in this chapter, "party" refers to any of the following: (1) The association of co-owners. (2) A co-owner. (3) The board. As added by P.L.141-2015, SEC.5.

Sec. 8. As used in this chapter, "respondent" refers to the party against whom a claimant has a claim. As added by P.L.141-2015, SEC.5.

Sec. 0.5. A waiver of this chapter by a landlord or tenant, including a former tenant, by contract or otherwise, is void. As added by P.L.215-2021, SEC.2.

Sec. 1. The definitions in IC 32-31-3 apply throughout this chapter. As added by P.L.168-2020, SEC.18.

Sec. 2. As used in this chapter, "protected activity" means any of the following actions taken by a tenant: (1) Complaining to a governmental entity responsible for enforcing an applicable building or housing code about a violation with respect to the rental premises that materia…

Sec. 3. As used in this chapter, "rental premises" has the meaning set forth in IC 32-31-7-3. As added by P.L.168-2020, SEC.18.

Sec. 4. As used in this chapter, "retaliatory act" means any of the following actions taken by a landlord in response to a tenant's engaging in a protected activity: (1) Increasing the amount of the tenant's rent. (2) Decreasing, terminating, or interfering with services provided…

Sec. 5. (a) Subject to subsection (b), and except as provided in subsection (c), a landlord may not engage in a retaliatory act in response to a tenant's engaging in one (1) or more protected activities. (b) Subsection (a) does not prohibit a landlord from doing any of the follow…

Sec. 6. A unit (as defined in IC 36-1-2-23) may not adopt or enforce any: (1) ordinance; or (2) regulation; concerning retaliatory acts by landlords. Any ordinance or regulation that violates this subsection is void and unenforceable. As added by P.L.168-2020, SEC.18.

Sec. 1. The state is the sole regulator of the process of mortgage foreclosures, including the duties and obligations of borrowers and lenders in connection with mortgage foreclosures. This chapter preempts all other regulation of the process of mortgage foreclosures by a politic…

Sec. 2. As used in this chapter, "political subdivision" has the meaning set forth in IC 36-1-2-13. As added by P.L.247-2015, SEC.28.

Sec. 3. A political subdivision may not do any of the following: (1) Enact, issue, or enforce ordinances, resolutions, regulations, orders, requests for proposals, or requests for bids pertaining to mortgage foreclosure activities or practices and rules that disqualify persons fr…

Sec. 1. (a) The general assembly makes the following findings: (1) Indiana faces a serious threat to its state economy and to the economies of its political subdivisions because of Indiana's high rate of residential mortgage foreclosures, which constitutes an emergency. (2) India…

Sec. 1.2. As used in this chapter, "authority" refers to the Indiana housing and community development authority created by IC 5-20-1-3. As added by P.L.170-2011, SEC.5.

Sec. 10. (a) Unless a settlement conference is not required under this chapter, the court shall issue a notice of a settlement conference if the debtor contacts the court to schedule a settlement conference as described in section 8(c) of this chapter. The court's notice of a set…

Sec. 11. (a) This section applies to a mortgage foreclosure action with respect to which the creditor has filed the complaint in the proceeding before July 1, 2009, and the court having jurisdiction over the proceeding has not rendered a judgment of foreclosure before July 1, 200…

Sec. 2. (a) As used in this chapter, "creditor" means a person: (1) that regularly engages in the extension of mortgages that are subject to a credit service charge or loan finance charge, as applicable, or are payable by written agreement in more than four (4) installments (not …

Sec. 3. As used in this chapter, "debtor", with respect to a mortgage, refers to the maker of the note secured by the mortgage. As added by P.L.105-2009, SEC.20.

Sec. 4. As used in this chapter, "foreclosure prevention agreement" means a written agreement that: (1) is executed by both the creditor and the debtor; and (2) offers the debtor an individualized plan that may include: (A) a temporary forbearance with respect to the mortgage; (B…

Sec. 4.7. As used in this chapter, "loss mitigation package" means a set of documents, the components of which: (1) are specified by the authority under section 10(i) of this chapter; (2) provide information about a debtor's present and projected future income, expenses, assets, …

Sec. 5. (a) As used in this chapter, "mortgage" means: (1) a loan; or (2) a consumer credit sale; that is or will be used by the debtor primarily for personal, family, or household purposes and that is secured by a mortgage (or another equivalent consensual security interest) tha…

Sec. 6. As used in this chapter, "mortgage foreclosure counselor" means a foreclosure prevention counselor who is part of, or has been trained or certified by, the Indiana Foreclosure Prevention Network. As added by P.L.105-2009, SEC.20.

Sec. 7. As used in this chapter, "mortgage servicer" means the last person to whom: (1) a debtor in a mortgage; or (2) the debtor's successor in interest; has been instructed to send payments on the mortgage. As added by P.L.105-2009, SEC.20.

Sec. 8. (a) This section applies to a foreclosure action that is filed after June 30, 2009. Except as provided in subsection (e) and section 10(g) of this chapter, not later than thirty (30) days before a creditor files an action for foreclosure, the creditor shall send to the de…

Sec. 8.5. (a) This section applies to the following: (1) A mortgage foreclosure action with respect to which: (A) the creditor has filed the complaint in the proceeding before July 1, 2011; (B) the debtor has contacted the court under section 8(c) of this chapter or under section…

Sec. 8.6. (a) This section applies to a mortgage foreclosure action that is filed after June 30, 2011. (b) During the pendency of an action to which this section applies, regardless of any stay that is issued by the court under section 8.5 of this chapter, if the debtor continues…

Sec. 9. (a) Except as provided in sections 8(e) and 10(g) of this chapter and subsection (b), and subject to section 8.5 of this chapter, after June 30, 2009, a court may not issue a judgment of foreclosure under IC 32-30-10 on a mortgage subject to this chapter unless all of the…

Sec. 1. As used in this chapter, "abandoned aircraft" means an aircraft: (1) that is located or stored on the premises of: (A) a public-use airport; or (B) a fixed-base operator; in a wrecked, inoperative, or partially dismantled condition for a period of at least sixty (60) days…

Sec. 2. As used in this chapter, "aircraft" means any contrivance used or designed for navigation of or flight in the air. The term does not include unmanned aircraft or ultralight aircraft. As added by P.L.172-2019, SEC.2.

Sec. 3. As used in this chapter, "derelict aircraft" means any aircraft: (1) that is located or stored on the premises of: (A) a public-use airport; or (B) a fixed-base operator; for a period of at least one hundred fifty (150) days; and (2) that, throughout the period described …