Legal Question in Business Law in Indiana

Indiana resident. In dispute with my Homeowners Assoc. (HOA). I sent an email notice to Board asking to be reimbursed for work I did to a drainage problem they should have been responsible for. The notice outlined the case of why I should be reimbursed. Normally I wouldn't consider this proper notice, and I thought about sending a register letter, but the Board President responded via email the next day that he received the info and would look into it. He also sent another email a week later indicating he hadn't forgot my issue and would reply back to me via email. Because it was obvious he received the info, I did not send the letter. Long story short, because of subsequent no response from HOA despite my attempts to contact, I filed small claims action for payment. HOA attorney filed a motion to dismiss citing IC 32-25.5-5-10 that I failed to provide proper notice. (IC 32-25.5 is the section of Indiana code which covers HOA/resident dispute resolution). That section does not call for "written notice" but rather just "notice of claim". Although IC 32-25.5.5-10 outlines what info should be in the notice, it is silent as to what constitutes delivery of "notice" My HOA covenants are also silent on any notice requirements.

As I indicated, normally I wouldn't consider email proper delivery of notice, but in this case I have evidence that the HOA clearly received and responded via email that they had received the notice. My question is have I met the notice requirement, or does the other side have a valid argument to dismiss because I didn't send a register letter or something like that? Again, I am in Indiana.


Asked on 1/13/17, 6:30 pm

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

You didn't meet the proper requirements.

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Answered on 1/14/17, 9:02 am


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