IC 32-25.5-3-3 — Annual budget; budget meeting; budget approval; records available to members; right of members to attend board meetings; communications not subject to disclosure; records retention; prohibited fees
Chapter 3. Homeowners Associations
Bills amending this section
Section text
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 shall provide each member of the homeowners association with: (1) a: (A) copy of the proposed annual budget; or (B) written notice that a copy of the proposed annual budget is available upon request at no charge to the member; and (2) a written notice of the amount of any increase or decrease in a regular annual assessment paid by the members that would occur if the proposed annual budget is approved; before the homeowners association meeting held under subsection (d). (d) Subject to subsection (f) and section 3.1 of this chapter, a homeowners association budget must be approved at a meeting of the homeowners association members by a majority of the members of the homeowners association in attendance at a meeting called and conducted in accordance with the requirements of the homeowners association's governing documents. (e) For purposes of this section, a member of a homeowners association is considered to be in attendance at a meeting if the member attends: (1) in person; (2) by proxy; (3) by remote or virtual means in accordance with the procedures set forth in IC 23-17-10-1(d) through IC 23-17-10-1(f); or (4) by any other means allowed under: (A) state law; or (B) the governing documents of the homeowners association. (f) Except as provided in sections 3.1, 3.2, and 3.3 of this chapter, if the number of members of the homeowners association in attendance at a meeting held under subsection (d) does not constitute a quorum as defined in the governing documents of the homeowners association, the board may adopt an annual budget for the homeowners association for the ensuing year in an amount that does not exceed one hundred percent (100%) of the amount of the last approved homeowners association annual budget. (g) Subject to subsection (k): (1) the financial records, including all contracts, invoices, bills, receipts, and bank records, of a homeowners association must be available for inspection by each member of the homeowners association upon written request; and (2) the minutes of meetings of the homeowners association board, including the annual meeting, must be available to a member of the homeowners association for inspection upon the homeowners association member's request, which may be submitted: (A) in person; (B) in writing; or (C) by electronic mail or other electronic means. In addition to the right to inspect the meeting minutes of the homeowners association board, a member of a homeowners association has the right to attend any meeting of the homeowners association board, including an annual meeting of the board. For each meeting of the homeowners association board, the board must provide at least four (4) days advance written notice of the meeting to members of the homeowners association. The meeting notice must include an agenda for the meeting. The meeting notice for the annual meeting of the board must also include a statement of the right of homeowners association members to demand a special meeting of the members under section 2 of this chapter, including a statement of the number of members required to demand a special meeting, as determined under section 2(a) of this chapter. The board may provide a written meeting notice required under this subsection by hand delivery, United States mail, or electronic mail or other electronic means. However, the board of directors may meet in private to discuss delinquent assessments. The board of directors may also meet in private with legal counsel to discuss the initiation of litigation or to discuss litigation that either is pending or has been threatened specifically in writing. As used in this subsection, "litigation" includes any judicial action or administrative law proceeding under state or federal law. A written request for inspection must identify with reasonable particularity the information being requested. A member's ability to inspect records under this section shall not be unreasonably denied or conditioned upon provision of an appropriate purpose for the request. The homeowners association may not charge a fee for the copying of a record requested under this subsection if the homeowners association member requests a written copy of the record. (h) Subject to subsections (j) and (k), if there is a dispute between a homeowner and a homeowners association, the officers of the homeowners association must make all communications concerning the dispute available to the homeowner. (i) Subject to subsections (j) and (k), the following apply: (1) A homeowners association shall make all communications and information concerning a lot available to the owner of the lot or a home on the lot. (2) If a homeowners association initiates communication with any member about another member's lot, the homeowners association must give a copy of that communication to the other member whose lot is the subject of the communication. However, this subdivision does not apply if the communication concerns suspected criminal activity, or activity that is the subject of a law enforcement investigation, involving the member whose lot is the subject of the communication. (j) A homeowners association is not required to make: (1) communications between the homeowners association and the legal counsel of the homeowners association; and (2) other communications or attorney work product prepared in anticipation of litigation; available to the owner of a lot or home. (k) A homeowners association is not required to make available to a member for inspection any of the following: (1) Unexecuted contracts. (2) Records regarding contract negotiations. (3) Information regarding an individual member's association account to a person who is not a named party on the account. (4) Any information that is prohibited from release under state or federal law. (5) Any records that were created more than two (2) years before the request. (6) Information that: (A) is provided by a member of the homeowners association about another member of the homeowners association; and (B) concerns suspected criminal activity involving the other member. Except as otherwise provided in this article (including subsection (j) and this subsection), other applicable law, or the governing documents of the homeowners association, a homeowners association is not required to retain a record of a written or electronic communication for any specific period of time. However, a homeowners association or a member of the board of a homeowners association shall retain for at least two (2) years after the date it is received or sent, and during that period shall make available to a member of the homeowners association at the member's request, any written or electronic communication received or sent by the homeowners association or board member that relates to a financial transaction of the homeowners association and that is not otherwise excepted from disclosure under this article or other applicable law. (l) Except for information described in subsection (k)(4), nothing in this chapter: (1) abrogates or eliminates provisions in homeowners association agreements that permit or require additional disclosure or inspection rights not required by this chapter; or (2) prevents a homeowners association from agreeing to make disclosures or to provide inspection rights not required by this chapter. (m) A homeowners association may not charge a fee to search for a record in response to a written request submitted under this chapter. (n) Notwithstanding any other law, a homeowners association, an agent of a homeowners association, or a homeowners association management company may not charge a homeowner a fee associated with any services that are included in the homeowner's association assessment and provided by the homeowners association, agent of the homeowners association, or homeowners association management company, including services related to: (1) waste management for common areas; (2) maintenance of common areas; (3) landscaping of common areas; (4) maintenance of common amenities; (5) security for the subdivision; or (6) administrative duties. This subsection does not prohibit a homeowners association, an agent of a homeowners association, or a homeowners association management company from charging a homeowner a fee for any optional service that is offered to a homeowner in connection with the homeowner's individual lot, parcel, tract, unit, or interest in the subdivision and that the homeowner opts to receive from the homeowners association, agent of the homeowners association, or homeowners association management company. However, any service that is included in a homeowners association assessment may not be reclassified as an optional service and charged as a separate fee unless such reclassification is approved by a majority of the members of the homeowners association in attendance at a meeting (as determined under subsection (e)) called and conducted in accordance with the requirements of the homeowners association's governing documents. A schedule of any optional services offered by the homeowners association, an agent of the homeowners association, or a homeowners association management company must be approved by the board and distributed to members of the homeowners association on at least an annual basis and whenever there is a change in the fees for any of the offered services. The amount of any unpaid fee for an optional service provided to a homeowner under this subsection does not constitute a lien against the homeowner's property. This subsection does not abrogate or limit the authority of a homeowners association to charge or collect the homeowners association assessments or fines expressly identified in the homeowners association's governing documents. This subsection does not affect the ability of a homeowners association, an agent of a homeowners association, or a homeowners association management company to take debt collection efforts for assessments, fees for optional services, or fines allowable under the homeowners association's governing documents. (o) Notwithstanding any other law, a homeowners association, an agent of a homeowners association, or a homeowners association management company may not charge a homeowner a fee associated with the production of a statement of account setting forth the amount of any unpaid assessments or other charges due and owing from the homeowner. An account statement must be maintained by the homeowners association or its agent, and must be provided to a homeowner upon request.
As added by P.L.167-2009, SEC.2. Amended by P.L.231-2013, SEC.11; P.L.141-2015, SEC.8; P.L.164-2016, SEC.5; P.L.53-2026, SEC.2; P.L.155-2026, SEC.4.
Source: official publisher (2026 edition)