Title 32, PROPERTY

Sec. 1. (a) This section does not apply to any lease that is entered into by the Indiana department of transportation under IC 8-23-2. (b) Not more than forty-five (45) days after its execution, a lease of real estate for a period longer than three (3) years shall be recorded in …

Sec. 2. (a) This section does not apply to any lease that is entered into by the Indiana department of transportation under IC 8-23-2. (b) If a lease for a period longer than three (3) years is not recorded within forty-five (45) days after its execution, the lease is void agains…

Sec. 1. The definitions in this chapter apply throughout this article. [2002 Recodification Citation: New.] As added by P.L.2-2002, SEC.17.

Sec. 10. (a) "Exchange program" means any arrangement allowing owners to exchange occupancy rights with persons owning other time shares or camping club memberships. (b) The term does not include an arrangement in which all of the occupancy rights that may be exchanged are in the…

Sec. 11. "Offer" means any advertised inducement, solicitation, or attempt to encourage any person to acquire a time share or camping club membership other than as security for an obligation. [Pre-2002 Recodification Citation: 24-5-9-10.] As added by P.L.2-2002, SEC.17.

Sec. 12. "Participant" means any person who, by means of a verbal or written purchase, exchange, or leasing agreement, acquires a right to occupy a time share unit from a developer, purchaser, exchange company, rental or management company, or any other person or organization. [P…

Sec. 13. "Person" means a natural person, a corporation, a government, a governmental subdivision or agency, a business trust, an estate, a trust, a partnership, an association, a joint venture, or another legal or commercial entity. [Pre-2002 Recodification Citation: 24-5-9-11.]…

Sec. 14. "Project" means the real property, which must contain more than one (1) unit, in which time shares or camping sites are created by a single instrument or set of instruments. [Pre-2002 Recodification Citation: 24-5-9-12.] As added by P.L.2-2002, SEC.17.

Sec. 15. "Project manager" means any person: (1) who coordinates the sale of time shares or camping club memberships; and (2) to whom sales agents and representatives are responsible. [Pre-2002 Recodification Citation: 24-5-9-13.] As added by P.L.2-2002, SEC.17.

Sec. 16. "Purchaser" means any person, other than the developer or lender, who purchases a time share or camping club membership. [Pre-2002 Recodification Citation: 24-5-9-14.] As added by P.L.2-2002, SEC.17.

Sec. 17. (a) "Representative" means a person who is not a seller and who, on behalf of a developer, induces other persons to attend a sales presentation. (b) The term does not include a person who only performs clerical tasks, arranges appointments set up by others, or prepares o…

Sec. 18. "Seller" means a developer or any other person or agent or employee of a developer who offers time shares or camping club memberships to the public. [Pre-2002 Recodification Citation: 24-5-9-16.] As added by P.L.2-2002, SEC.17.

Sec. 19. "Substantially completed" means that: (1) all roadways, utilities, amenities, furnishings, appliances, structural components, and mechanical systems of buildings and premises are completed and provided as represented in the time share instrument or agreement or camping c…

Sec. 2. "Camping club" means any enterprise, other than one that is tax exempt under Section 501 of the Internal Revenue Code, that has as its primary purpose camping or outdoor recreation that involves or will involve camping sites. [Pre-2002 Recodification Citation: 24-5-9-1.] …

Sec. 20. "Time share" means the right to use and occupy a unit on a periodic basis according to an arrangement allocating this right among various time share participants. [Pre-2002 Recodification Citation: 24-5-9-17.] As added by P.L.2-2002, SEC.17.

Sec. 21. "Time share instrument" means any document creating or regulating time shares, excluding any law, ordinance, or governmental regulation. [Pre-2002 Recodification Citation: 24-5-9-18.] As added by P.L.2-2002, SEC.17.

Sec. 22. "Time share participant" has the meaning set forth in section 12 of this chapter. [Pre-2002 Recodification Citation: 24-5-9-19 part.] As added by P.L.2-2002, SEC.17.

Sec. 23. "Unit" means each portion of a time share project or each camping site that is designated for separate use. [Pre-2002 Recodification Citation: 24-5-9-20.] As added by P.L.2-2002, SEC.17.

Sec. 3. "Camping club member" means any person, other than the developer or lender, who purchases a camping club membership. [Pre-2002 Recodification Citation: 24-5-9-2.] As added by P.L.2-2002, SEC.17.

Sec. 4. (a) "Camping club membership" means an agreement evidencing a purchaser's title to, interest in, or right or license to use for more than thirty (30) days the camping or outdoor recreation facilities of a camping club. (b) The term does not include an agreement of a campi…

Sec. 5. "Camping site" means a space that: (1) is designed and promoted for the purpose of locating a trailer, tent, tent trailer, pickup camper, or other similar device used for land based portable housing; and (2) is the subject of a camping club membership. [Pre-2002 Recodific…

Sec. 6. "Developer" means any person who engages in the business of creating or selling its own time shares or camping club memberships. [Pre-2002 Recodification Citation: 24-5-9-5.] As added by P.L.2-2002, SEC.17.

Sec. 7. "Director" refers to the director of the division appointed under IC 4-6-9-2. [Pre-2002 Recodification Citation: 24-5-9-6.] As added by P.L.2-2002, SEC.17.

Sec. 8. "Division" refers to the consumer protection division of the office of the attorney general created by IC 4-6-9-1. [Pre-2002 Recodification Citation: 24-5-9-7.] As added by P.L.2-2002, SEC.17.

Sec. 9. "Exchange company" means any person owning or operating an exchange program. [Pre-2002 Recodification Citation: 24-5-9-8.] As added by P.L.2-2002, SEC.17.

Sec. 1. All boats, vessels, and watercraft of every description found in the waters of Indiana, including wharf boats and floating warehouses that are used for storing, receiving, and forwarding freights and that may be removed from place to place at the pleasure of the owner or …

Sec. 2. A claim growing out of a cause set forth in section 1 of this chapter, whether arising out of contracts made or broken within or outside Indiana, or wrongs or injuries done or committed within or outside Indiana, is a lien upon the boat, vessel, or other watercraft, and u…

Sec. 3. A lien provided for in section 2 of this chapter takes preference of any claims against the boat itself or all or any of its owners, masters, or consignees growing out of any other cause than those set forth in section 1 of this chapter and, as between themselves, mariner…

Sec. 4. (a) Any person aggrieved by a cause set forth in section 1 of this chapter may have an action against the boat, vessel, or other watercraft in the county where the boat, vessel, or other watercraft may be found, or against the owners of the boat, vessel, or other watercra…

Sec. 5. In all actions contemplated in section 4 of this chapter, all or any of the persons having demands described in section 4 of this chapter may join in a complaint against the boat, vessel, or other watercraft either at the commencement of the action or at any time afterwar…

Sec. 6. In an action under this chapter, proceedings shall be had and judgment rendered and enforced by execution or other proper means. [Pre-2002 Recodification Citation: 32-8-22-6.] As added by P.L.2-2002, SEC.18.

Sec. 7. (a) If the defendant master, owner, or consignee, before final judgment, gives a written undertaking payable to the plaintiff, with surety to be approved by the clerk or sheriff, to the effect that the defendant will perform the judgment of the court, the attachment shall…

Sec. 8. In cases arising under section 1 of this chapter, the summons may be served upon: (1) the officer or consignee making the contract; (2) if the officer or consignee cannot be found, upon the clerk; (3) if neither the officer, the consignee, nor the clerk can be found, upon…

Sec. 1. (a) After a proprietor, manager, or lessee of a hotel in Indiana holds an unclaimed article for at least three (3) months, whether or not a receipt or check for the article was given to the person who left the article, the proprietor, manager, or lessee may sell the artic…

Sec. 2. If the balance is not claimed by the owner within one (1) year after the sale conducted under section 1 of this chapter, the balance must be paid to the county treasurer for the use of the school fund. [Pre-2002 Recodification Citation: 32-9-2-2.] As added by P.L.2-2002, …

Sec. 1. If any personal goods, including tangible personal property constituting or representing choses in action, are: (1) wrongfully taken or unlawfully detained from the owner or person claiming possession of the property; or (2) taken on execution or attachment and claimed by…

Sec. 10. Before the court may issue an order for possession without notice under section 12 of this chapter, the plaintiff or the plaintiff’s attorney must file an affidavit or certificate showing: (1) the efforts, if any, that have been made to give notice; and (2) the reasons w…

Sec. 11. (a) If an order of possession was issued before a hearing under this chapter (or IC 34-1-9.1-4 or IC 34-21-4-4 before their repeal), the defendant or other person from whom possession of the property was taken may apply to the court for an order shortening the time for h…

Sec. 12. An order of possession issued under this chapter without notice shall direct the sheriff or other executing officer to hold the property until further order of the court. [Pre-2002 Recodification Citation: 34-21-4-5.] As added by P.L.2-2002, SEC.20.

Sec. 13. Under any of the circumstances set forth in this chapter, or instead of the immediate issuance of an order of possession under this chapter, the judge may, in addition to issuing a preliminary order, issue a temporary restraining order directed to the defendant prohibiti…

Sec. 14. Upon the hearing on the preliminary order under this chapter, the court shall: (1) consider the showing made by the parties appearing; and (2) make a preliminary determination which party, with reasonable probability, is entitled to possession, use, and disposition of th…

Sec. 15. If the court determines, in an action under this chapter, that a prejudgment order of possession in the plaintiff's favor should issue, the court shall issue the order. [Pre-2002 Recodification Citation: 34-21-4-8.] As added by P.L.2-2002, SEC.20.

Sec. 16. If the property claimed by the plaintiff in an action under this chapter has a peculiar value that cannot be compensated by damages, the court may, instead of issuing an order of possession, appoint a receiver to take possession of and hold the property until further ord…

Sec. 17. If the defendant in an action under this chapter fails to appear, the court may enter its final judgment with respect to possession as in other cases where there is a default for a failure to appear. [Pre-2002 Recodification Citation: 34-21-4-10.] As added by P.L.2-2002,…

Sec. 18. An order of possession issued under this chapter must: (1) be directed to the sheriff or other officer charged with the execution of the order within whose jurisdiction the property is believed to be located; (2) describe the property to be seized; and (3) direct the exe…

Sec. 19. If the order issued in an action under this chapter is a final judgment: (1) the court does not need to fix a time for the defendant to file a written undertaking; (2) the order must direct immediate delivery to the plaintiff; (3) a copy of any written undertaking filed …