IC 32-25.5-5-4 — "Exempt claim"
Chapter 5. Grievance Resolution
Bills amending this section
Section text
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 involves the assessment or enforcement of a fine under IC 32-25.5-3-12 by a homeowners association for a member's violation of a covenant of the homeowners association. (2) An action by a party to obtain a temporary restraining order or equivalent emergency equitable relief: (A) to maintain the status quo and preserve the party's ability to enforce the governing documents; or (B) when an emergency condition exists that jeopardizes the health or safety of any of the residents within the community governed by the homeowners association. (3) A suit to which an applicable statute of limitations would expire within the notice period. This subdivision does not apply if a party against which the claim is made agrees to toll the statute of limitations as to the claim for the period reasonably necessary to comply with this chapter. (4) A dispute that is subject to mediation, arbitration, or other alternate dispute resolution under applicable law, contract, warranty agreement, or other instrument. (5) A claim that is substantively identical to a claim: (A) that was previously addressed by the parties; or (B) that was resolved by a judicial determination in favor of one (1) of the parties.
As added by P.L.141-2015, SEC.14. Amended by P.L.155-2026, SEC.7.
Source: official publisher (2026 edition)