Title 32, PROPERTY

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…

Sec. 1. (a) The following persons may compel partition of land held in joint tenancy or tenancy in common as provided under this chapter: (1) A person that holds an interest in the land as a joint tenant or tenant-in-common either: (A) in the person's own right; or (B) as executo…

Sec. 2. (a) A person described in section 1(a) of this chapter may file a petition to compel partition in the circuit court, superior court, or probate court having probate jurisdiction of the county in which the land or any part of the land is located. (b) A petition filed under…

Sec. 2.5. (a) Not later than forty-five (45) days after the court has acquired jurisdiction over all the parties who have an interest in the property that is the subject of the action, the court shall refer the matter to mediation in accordance with the Indiana rules of alternati…

Sec. 23. A: (1) person that owns: (A) an undivided interest in fee simple in any lands; and (B) a life estate in: (i) the remaining part of the land; or (ii) any part of the remaining portion of the land; or (2) person that owns a fee in the land described in subdivision (1) that…

Sec. 1. (a) A person claiming an interest in land may preserve and keep effective that interest by filing for record during the fifty (50) year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a n…

Sec. 2. (a) To be effective and to be entitled to be recorded, the notice referred to in section 1 of this chapter must contain the following: (1) An accurate and full description of all land affected by the notice in specific terms. However, if the claim is founded upon a record…

Sec. 3. (a) Failure to file the notice required under this chapter does not bar: (1) a lessor or the lessor's successor as a reversioner of the lessor's right to possession on the expiration of any lease; or (2) a lessee or the lessee's successor of the lessee's rights in and to …

Sec. 4. (a) A claim for an interest in land filed under this chapter is void if both of the following occur: (1) The owner of the property subject to the claim or any person or corporation having an interest in the property, including a mortgagee or a lienholder, provides written…

Sec. 0.5. For purposes of section 1 of this chapter, the general assembly makes the following findings: (1) It is in the public interest for any conveyance, as defined in section 1(a) of this chapter, and any mortgage recorded in the office of an Indiana county recorder to not be…

Sec. 1. (a) As used in this section, "conveyance" means an electronic document as defined in IC 32-21-2.5-3 or a paper document as defined in IC 32-21-2.5-8(a) that is: (1) a deed or other instrument concerning land or an interest in land, except a last will and testament; (2) a …

Sec. 2. (a) This section applies to an instrument regardless of when the instrument was recorded, except that this section does not divest rights that vested before May 1, 1993. (b) An assignment, a mortgage, or a pledge of rents and profits arising from real estate that is inten…

Sec. 3. (a) This section applies when a deed: (1) purports to contain an absolute conveyance of any estate in land; and (2) is made or intended to be made defeasible by: (A) a deed of defeasance; (B) a bond; or (C) another instrument. (b) The original conveyance is not defeated o…

Sec. 1. As used in this chapter, "passive solar energy system" means a structure specifically designed to retain heat that is derived from solar energy. [Pre-2002 Recodification Citation: 32-5-2.5-1 part.] As added by P.L.2-2002, SEC.8.

Sec. 2. As used in this chapter, "solar easement" means an easement obtained for the purpose of exposure of a solar energy device or a passive solar energy system to the direct rays of the sun. [Pre-2002 Recodification Citation: 32-5-2.5-1 part.] As added by P.L.2-2002, SEC.8.

Sec. 3. As used in this chapter, "solar energy device" means an artifice, an instrument, or the equipment designed to receive the direct rays of the sun and convert the rays into heat, electricity, or another form of energy to provide heating, cooling, or electrical power. [Pre-2…

Sec. 4. A solar easement: (1) must be created in writing; and (2) is subject to the conveyancing and recording requirements of this title. [Pre-2002 Recodification Citation: 32-5-2.5-2.] As added by P.L.2-2002, SEC.8.

Sec. 5. An instrument that creates a solar easement must include the following: (1) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property that is subject to the solar easement, and a description of the real property t…

Sec. 1. (a) A person, firm, partnership, limited liability company, or corporation authorized to do business in Indiana and authorized to: (1) furnish, supply, transmit, transport or distribute electrical energy, gas, oil, petroleum, water, heat, steam, hydraulic power, or commun…

Sec. 2. The condemnor may take, acquire, condemn, and appropriate a fee simple estate, title, and interest in an amount of land as the condemnor considers necessary for the condemnor's proper uses and purposes. However, for rights-of-way, the condemnor shall take, acquire, condem…

Sec. 3. The appropriation and condemnation of land and easements in land authorized under this chapter shall be made under IC 32-24-1, except as otherwise provided in this chapter. [Pre-2002 Recodification Citation: 32-11-3-3.] As added by P.L.2-2002, SEC.9.

Sec. 4. (a) This section applies to a public utility that appropriates by condemnation procedures an easement for right-of-way purposes on land zoned or used for agricultural purposes. (b) If a public utility makes a uniform easement acquisition offer under IC 32-24-1-5 or a sett…

Sec. 5. (a) Notwithstanding IC 8-1.5-2-3, this section applies to a municipally owned utility that seeks to take, acquire, condemn, or appropriate land or real estate, or any interest in the land or real estate, for the purpose of extending a water main or a wastewater main if th…

Sec. 1. (a) If property is submitted to the condominium, each condominium unit owner is seized of: (1) the fee simple title to; (2) the exclusive ownership of; and (3) the exclusive possession of; the owner's condominium unit and undivided interest in the common areas and facilit…

Sec. 2. A condominium unit may be held and owned by two (2) or more persons: (1) as joint tenants; (2) as tenants in common; (3) as tenants by the entirety; or (4) in any other real property tenancy relationship recognized under the law of the state. [Pre-2002 Recodification Cita…

Sec. 3. (a) Each condominium unit owner is entitled to an undivided interest in the common areas and facilities as designated in the declaration. Except as provided in subsection (b), the undivided interest must be expressed as a percentage interest based on: (1) the size of the …

Sec. 3.5. (a) This section applies only to a condominium located on the shore of a lake located in a township with a population of more than two thousand (2,000) and less than two thousand seven hundred eighty (2,780) located in a county having a population of more than forty-six…

Sec. 4. (a) Except as provided in subsection (d) or (e), the co-owners are bound to contribute pro rata, in the percentages computed under section 3 of this chapter, toward: (1) the expenses of administration and of maintenance and repair of the general common areas and facilitie…

Sec. 1. (a) This chapter: (1) does not apply to: (A) a highway intersection located within a city or town; or (B) a building of a substantial character that is located at the intersection of highways; and (2) except for the provisions of this chapter concerning hedge fences, appl…