Verbatim from the public record. The law itself is a government work — always confirm the current version on the official source before you rely on it.
(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.