Title 32, PROPERTY

Sec. 4. Unless otherwise provided by a written rental agreement between a landlord and tenant, a landlord shall give the tenant at least thirty (30) days written notice before modifying the rental agreement. [Pre-2002 Recodification Citation: 32-7-8-5.] As added by P.L.2-2002, SE…

Sec. 5. (a) Except as provided in IC 16-41-27-29, IC 32-31-3, or IC 32-31-4, a landlord may not: (1) take possession of; (2) remove from a tenant's dwelling unit; (3) deny a tenant access to; or (4) dispose of; a tenant's personal property in order to enforce an obligation of the…

Sec. 6. (a) This section does not apply if the dwelling unit has been abandoned. (b) For purposes of this section, a dwelling unit is considered abandoned if: (1) the tenants have failed to: (A) pay; or (B) offer to pay; rent due under the rental agreement; and (2) the circumstan…

Sec. 7. (a) At the time a landlord delivers a rental unit to a tenant, the landlord shall require the tenant to acknowledge in writing that the rental unit is equipped with a functional smoke detector. (b) A landlord and a tenant may not waive, in a rental agreement or a separate…

Sec. 1. As used in this chapter, "lender" means a person whose name appears on the records of a museum as the person legally entitled to, or claiming to be legally entitled to, property held by the museum. [Pre-2002 Recodification Citation: 32-9-10-1.] As added by P.L.2-2002, SEC…

Sec. 10. (a) A museum may give notice by publication under this chapter if the museum does not: (1) know the identity of the lender or any designated agent of the lender; (2) have an address last known for the lender or any designated agent of the lender; or (3) receive proof of …

Sec. 11. In addition to any other information that may be required or seem appropriate, a notice given by a museum under this chapter must contain the following: (1) The name of: (A) the lender; or (B) any designated agent of the lender; if known. (2) The last known address of: (…

Sec. 12. (a) A museum may acquire title in the following manner to property that is on permanent loan to the museum or that was loaned for a specified term that has expired: (1) The museum must give notice that the museum is terminating the loan of the property. (2) The notice th…

Sec. 13. A museum may acquire title to undocumented property held by the museum for at least three (3) years as follows: (1) The museum must give notice that the museum is asserting title to the undocumented property. (2) The notice that the museum is asserting title to the prope…

Sec. 14. Unless there is a written loan agreement to the contrary, a museum may apply conservation measures to property on loan to the museum without the lender's permission or formal notice: (1) if: (A) action is required to protect the property on loan or other property in the …

Sec. 15. If a museum applies conservation measures to property under section 14 of this chapter or with the agreement of the lender, unless the agreement provides otherwise, the museum: (1) acquires a lien on the property in the amount of the costs incurred by the museum; and (2)…

Sec. 16. Property that: (1) is found in or on property controlled by the museum; (2) is from an unknown source; and (3) might reasonably be assumed to have been intended as a gift to the museum; is conclusively presumed to be a gift to the museum if ownership of the property is n…

Sec. 2. As used in this chapter, "lender's address" means the most recent address of a lender as shown on the museum's records pertaining to property on loan from the lender. [Pre-2002 Recodification Citation: 32-9-10-2.] As added by P.L.2-2002, SEC.19.

Sec. 3. As used in this chapter, "loan" means a deposit of property not accompanied by a transfer of title to the property. [Pre-2002 Recodification Citation: 32-9-10-3.] As added by P.L.2-2002, SEC.19.

Sec. 4. As used in this chapter, "museum" means an institution located in Indiana that: (1) is operated by a person primarily for education, scientific, historic preservation, or aesthetic purposes; and (2) owns, borrows, cares for, exhibits, studies, archives, or catalogs proper…

Sec. 5. As used in this chapter, "permanent loan" means a loan of property to a museum for an indefinite period. [Pre-2002 Recodification Citation: 32-9-10-5.] As added by P.L.2-2002, SEC.19.

Sec. 6. As used in this chapter, "person" means an individual, a nonprofit corporation, a trustee or legal representative, the state, a political subdivision (as defined in IC 36-1-2-13), an agency of the state or a political subdivision, or a group of those persons acting in con…

Sec. 7. As used in this chapter, "property" means a tangible object under a museum's care that has intrinsic historic, artistic, scientific, or cultural value. [Pre-2002 Recodification Citation: 32-9-10-7.] As added by P.L.2-2002, SEC.19.

Sec. 8. As used in this chapter, "undocumented property" means property in the possession of a museum for which the museum cannot determine the owner by reference to the museum's records. [Pre-2002 Recodification Citation: 32-9-10-8.] As added by P.L.2-2002, SEC.19.

Sec. 9. (a) A notice given by a museum under this chapter must be mailed to the lender's last known address by certified mail. Proper notice is given if the museum receives proof of receipt of the notice not more than thirty (30) days after the notice was mailed. (b) If: (1) the …

Sec. 1. A person who suffers a loss as a result of a violation of this article may: (1) bring an action to recover: (A) actual damages; and (B) reasonable attorney's fees; (2) seek an injunction; and (3) seek any other remedy available at law or in equity. [Pre-2002 Recodificatio…

Sec. 1. (a) This subsection applies upon the death of a holder of jointly held property only if, during the deceased holder's lifetime, the deceased holder could have unilaterally regained a part of the property attributable to the deceased holder's contribution without consent o…

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.14.

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

Sec. 12. (a) The parties are considered to be at an impasse if: (1) the respondent does not request a meeting under section 10 of this chapter; (2) either party fails to attend a meeting agreed upon under section 11 of this chapter; or (3) the parties are unable to settle the cla…

Sec. 13. 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.14.

Sec. 14. (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. 15. 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.14.

Sec. 16. The board, on behalf of the homeowners association, and without the consent of the members of the homeowners association, may do any of the following: (1) Negotiate settlements of claims or legal proceedings under this chapter. (2) Execute settlement agreements, waivers,…

Sec. 17. 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.14.

Sec. 2. (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 governing documents. (2) A claim relating to the rights or duties of the homeowners association or the boa…

Sec. 3. 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.14.

Sec. 4. As used in this chapter, "exempt claim" refers to any of the following claims or actions: (1) A claim by the homeowners association for assessments or dues and any action by the association to collect assessments or dues. This subdivision does not include a claim that inv…

Sec. 5. 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.14.

Sec. 6. As used in this chapter, "party" refers to any of the following: (1) The homeowners association. (2) A member of the homeowners association. (3) The board. As added by P.L.141-2015, SEC.14.

Sec. 7. 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.14.

Sec. 9. A claimant may not initiate a legal proceeding 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.14.

Sec. 1. This chapter applies to a person who holds a power of appointment under any of the following: (1) A last will and testament of a decedent. (2) A deed. (3) An indenture of trust inter vivos. (4) An insurance policy. (5) Any other contract or instrument. [Pre-2002 Recodific…

Sec. 2. A person described in section 1 of this chapter may execute an appropriate written instrument to, in whole or in part: (1) renounce the person's right of appointment; or (2) exercise the person's power of appointment one (1) or more times. [Pre-2002 Recodification Citatio…

Sec. 3. A renouncement of a right of appointment is final and irrevocable unless the right to revoke the renouncement or to repossess the right of appointment is expressly reserved in the instrument of renouncement. [Pre-2002 Recodification Citation: 32-3-1-1 part.] As added by P…

Sec. 4. Unless a person exercising a power of appointment expressly renounces and surrenders the right to revoke an appointment in the instrument of appointment, the person may subsequently revoke the appointment and may periodically: (1) exercise; (2) revoke the exercise of; and…

Sec. 5. A subsequent exercise of a right of appointment is a revocation of all prior appointments to the extent that the subsequent appointment conflicts or is inconsistent with any prior appointments. [Pre-2002 Recodification Citation: 32-3-1-1 part.] As added by P.L.2-2002, SEC…

Sec. 6. The last unrevoked exercise of a power of appointment is effective and controlling. [Pre-2002 Recodification Citation: 32-3-1-1 part.] As added by P.L.2-2002, SEC.2.

Sec. 1. As used in this chapter, "agent" means a real estate agent or other person acting on behalf of the owner or transferee of real estate or acting as a limited agent. [Pre-2002 Recodification Citation: 24-4.6-2.1-1.] As added by P.L.2-2002, SEC.6.

Sec. 2. As used in this chapter, "limited agent" means an agent who, with the written and informed consent of all parties to a real estate transaction, is engaged by both the seller and buyer or both the landlord and tenant. [Pre-2002 Recodification Citation: 24-4.6-2.1-1.5.] As …