Legal Question in Real Estate Law in Indiana

Re: Homeowner's Associatons

Homeowner associations are now the preferred forms of self government of subdivisions. The government theory seems to be that self-regulation will replace some of the code-enforcement employees the city has employed in the past. Whether it can be disbanded is a question that depends upon the time the association was formed and whether it was included in the developers' plan that was accepted by the city. Every homeowner is automatically a member and cannot exclude him or her self. One remedy is to become active and run for a spot on your board. Another is for members to sue the association to make it more responsive. There is no replacement for active involvement by the property owners, however.

Re: Homeowner's Associatons

An Indiana court of law can hold a homeowners association accountable for its performance under its own governing articles. So first get you hands on a copy of the CCR's and/or articles of association. Then strap yourself down someplace and read them. They are composed in the English language by lawyers, so you might have to take a few naps before you finish and understand them. Then consider whether the conduct of the board conforms to the rules. If not, and you want to do something about it, then collect as many interested neighbors as possible, put together a pot of money, and consult with an experienced attorney to see what can be done about it. If the board is not following the rules, you can get a court to order them to do so. And it is possible under the right circumstances with appropriate court action (or following provisions of the CCRs) to disband any organization.