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Indiana Condo & HOA Articles Archive

/ Owner - June 28, 2012
  • The Fair Housing Act (FHA): Impact to Community Associations
    The Fair Housing Act (FHA), enacted as part of the Civil Rights Act of 1968, prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, and disability. FHA provisions also impact condominium, homeowner (HOA) and townhome community associations.   Read the article…………………………….
  • Linda F. Slavick Trust v. Christmas Lake Properties Association, Inc. (IN)
    Civil plenary. Affirms Spencer Circuit Court Judge Jon Dartt’s summary judgment order in favor of Christmas Lake Properties Association, Inc. on claims and counterclaims related to whether the landowner was entitled to exclusive waterfront rights under covenants and restrictions adopted in 2005.   Read the article…………………………….
  • Working with Your Community Association’s Professional Team: Management, Insurance Agent, Legal Counsel, and More
    Effective collaboration and communication with your professional team is vital for the smooth administration of a condominium, homeowner (HOA), or townhome community association. From day-to-day management to long-term strategic planning, board members must work with a variety of professionals to maintain the community’s property, finances, and legal compliance.    Read the article…………………………….
  • When Disaster Strikes Your Community Association: Education and Best Practices
    A wide range of disasters affect a community association’s property, infrastructure, financial stability, and the safety of its residents. Natural disasters that can impact condominium, homeowner (HOA) and townhome community associations include fire, hurricanes, tornados, earthquakes, flooding, wildfires, landslides, and storms. Negligence and accidents can also create or contribute to a disastrous consequence.    Read the article…………………………….
  • When Disaster Strikes Your Community Association: Property Damage and Risk Assessment
    A wide range of disasters affect a community association’s property, infrastructure, financial stability, and the safety of its residents. Natural disasters that can impact condominium, homeowner (HOA) and townhome community associations include fire, hurricanes, tornados, earthquakes, flooding, wildfires, landslides, and storms. Negligence and accidents can also create or contribute to a disastrous consequences.    Read the article…………………………….
  • Winter Checklist for your Community Association
    Winter maintenance and preparation are critical aspects of condominium, homeowner (HOA), and townhome association management for communities impacted by cold weather, freezing temperatures, and snow. Board members, community leaders, and property managers that proactively address their winter checklist can minimize risks, maximize safety, and work to ensure the comfort of residents throughout the colder months.   Read the article…………………………….
  • Pet Rules in Community Associations: 11 Considerations
    Creating a pet policy for a condominium, homeowners (HOA), or townhome community association involves balancing the needs of pet owners with the rights and expectations of all residents.  Here are eleven considerations that can help board members and community leaders create a fair and comprehensive pet policy.   Read the article…………………………….
  • Federal Corporate Transparency Act (CTA) Compliance Deadline Approaching: What Community Association Board Members Must Know (IL)
    The Federal Corporate Transparency Act (CTA) is a significant piece of federal legislation that went into effect January 1, 2024. This law mandates that certain businesses disclose ownership information to the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN). The primary goals of the CTA are to increase business transparency and accountability, thereby preventing illegal activities such as fraud, money laundering, and tax evasion.   Read the article…………………………….
  • Board Civility in Community Associations: 7 Best Practices
    Civility plays a critical role in maintaining positive relationships within community associations. It can facilitate conflict resolution, enhance decision-making, preserve property values, promote community engagement, and align with both ethical and legal considerations.  Additionally, board members are responsible for maintaining and enhancing the value of properties within the association. A civil atmosphere encourages fellow owners to take pride in their homes, abide by community rules, and work together to preserve property values.    Read the article…………………………….
  • Block Parties in Community Associations
    Block parties are an excellent way for residents in condo associations and HOAs to come together and celebrate community spirit.  Here are nine considerations for board member to ensure these events are not only fun but also safe and compliant with association rules and local laws.   Read the article…………………………….
  • HOAs prepare to comply with the Corporate Transparency Act – will your Board be ready? (IN)
    As we previously noted, it was difficult for many people to accept the fact that the Corporate Transparency Act (“CTA”) was intended to apply to Indiana homeowners associations, condominium associations, and other forms of community associations. We now know for sure that the CTA does apply. On April 18, 2024, the Financial Crimes Enforcement Network (“FinCEN”) issued new FAQs confirming the CTA’s applicability.   Read the article…………………………….
  • U.S. District Court Strikes Down Corporate Transparency Act (CTA) as Unconstitutional: Impact to Community Associations
    A U.S. District Court judge in Alabama recently ruled that the Corporate Transparency Act (CTA) is unconstitutional. The CTA, enacted on January 1, 2021, directs the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN) to establish a nationwide database of beneficial ownership of certain corporations and other legal entities, including condominium, homeowner (HOA) and townhome community associations.   Read the article…………………………….
  • Politics on Display: Regulating Political Signs in Indiana HOAs
    Election Season is upon us, and with the presidential elections approaching in 2024, it is a good time for Indiana community associations to review their policies with regard to political signs. Many community associations have specific sign prohibitions in their governing documents; however, Indiana Code 32-21-13 makes specific exceptions for political signs during an election period.    Read the article…………………………………..
  • Aging in Place: 5 Considerations for Community Associations
    “Aging in place” refers to the ability of a homeowner to remain living in their own house and community independently as they age rather than moving to a retirement or assisted-living facility. Motivations include comfort, autonomy, safety, and proximity to social connections. The trend is showing no signs of slowing down.   Read the article………………………..
  • Think your owners’ association documents are amendment-proof? Think again (IN)
    The number of common-interest communities governed by associations such as homeowners’ associations has exploded in recent years. These communities take many forms: from large, master-planned communities, to communities that share an amenity such as a lake, golf course or other physical feature, to a simple collection of lots or residences that join together to share expenses related to roads and other improvements, these association-led communities are everywhere.   Read the article………………………..
  • Best Practices for Planning and Evaluating Your Condo and HOA Budget
    A thriving community starts with a thoughtfully prepared budget. Financial planning helps ensure a stable future for any condominium, homeowner (HOA), or townhome association. Accordingly, board members must take their financial responsibilities seriously.   Read the article………………………..
  • A Brief Guide to Condo Insurance
    The ownership structure of a condominium unit is different from that of a single family house. Here’s what you need to know when purchasing insurance for your condo.    Read the article………………………..
  • 7 HOA Pool Safety Rules Every Board Should Enforce
    Many homeowners associations manage swimming pools that are available for member use. One of the pillars of pool management, though, is promoting the safety of pool goers. To accomplish that, a board must enforce certain HOA pool safety rules.   Read the article………………………..
  • Contractual Considerations for Short-Term Rentals
    Property owners (“Owners”) interested in engaging in short-term leases should carefully consider the structure of their contracts (“Leases”). Anticipating potential disputes and consequences is essential for avoiding future litigation. A well-written Lease can serve to facilitate friendly, productive, and profitable landlord/tenant relationships.   Read the article………………………..
  • Getting Approval For Home Renovations In HOA Communities
    Homeowners typically need to secure approval for home renovations in HOA communities. And while the process can vary from one association to another, there are a few general guidelines you can follow.     Read the article………………………..
  • E-bikes in Your Community Association: Ten Potential Rules and Regulations
    An e-bike, or electric bicycle, is equipped with an electric motor to assist the rider in pedalling and propelling the bike forward. These bikes are typically powered by rechargeable batteries. E-bikes can be used for commuting, exercise, and leisure riding. They can also make biking easier and accessible, particularly for people who may find it difficult to pedal a traditional bike uphill or for long distances.  Read the article………………………..
  • Backyard Event Rentals: Problems Posed for Homeowner Associations
    Homeowners may wish to engage in backyard event rentals to earn supplemental income. For example, some homeowners may rent out their pool and backyard space for parties. While this might seem like a clever opportunity for homeowners to make an extra buck, such backyard event rentals will likely cause tension between homeowners and their HOA or community management entity.   Read the article………………………..
  • Know Your HOA Fence Rules Before Putting Them Up
    Every homeowners association has its own set of rules that apply to various things, even fences. It’s important to understand these HOA fence rules so that homeowners can avoid violations and board members can enforce them consistently.  Read the article………………………..
  • Covenants, Conditions, and Restrictions: breaks down the rules that govern HOAs
    Across the United States, over 74 million people live within a homeowner association (HOA) community, according to the Foundation for Community Association Research. That number keeps growing, with over two-thirds of all new homes started in the last year set to fall under HOA governance.   Read the article………………………..
  • Is Your Community Association at Risk for Fraud?
    Condominium, homeowner (HOA), and townhome community associations are not immune from fraud. Recently in the news, multiple members of a homeowner’s association were arrested for suspected theft, money-laundering, and other charges. Investigators believe millions of dollars were stolen from the community’s budget through questionable expenses, personal purchases, and diversion of association funds.   Read the article………………………..
  • HOA Fidelity Bonds: Why Your Homeowners Association Needs Them
    HOA fidelity bonds are critical to the operations of homeowners associations. But, what are these bonds anyway? And what do they cover?  A fidelity bond is a form of insurance that protects homeowners associations from unanticipated financial losses such as fraud or theft. Other names for fidelity bonds include crime insurance or fidelity insurance.   Read the article………………………..
  • How To Deal With Wild Animals In HOAs (OH)
    It is not unheard of for wild animals to visit an HOA neighborhood. This is particularly common for communities in mountainous areas, forests, or near nature preserves. And depending on the environment, there are several wild animals an association and its homeowners may encounter. But, beautiful and majestic as they are, these animals can bring all sorts of problems.   Read the article………………………..
  • Common Considerations for Homeowner Associations Regarding Short-Term Rentals
    Short-term rentals have become a popular way for homeowners to earn extra income when they are away from their property. Websites like Airbnb and Vrbo have made short-term rentals easy and accessible. For homeowner associations (“HOAs”), management companies, and other community members; however, these short-term rentals present various problems.   Read the article………………………..
  • What Is The HOA Open Meeting Act? Are There Guidelines?
    While the Open Meeting Act does not universally apply to homeowners associations nationwide, it is still worth understanding what this law entails. In doing so, HOA boards can conduct more effective and collaborative meetings.   Read the article………………………..
  • HOA Online Voting: How To Do It Right
    Elections are a normal part of homeowners associations. Homeowners elect members yearly or every few years to serve on the board and lead the community. As with any election, though, HOA elections can be messy. Many associations need help getting a good voter turnout or organizing the ballots.   Read the article………………………..
  • Indiana HOA Solar Panels: House Bill 1196 Has Been Signed
    The Indiana HOA solar panel law has been signed. But, what is it exactly? And how does it affect homeowners associations?   Read the article………………………..
  • HOA Board Members Ethics Model
    Leaders of organizations, corporations, and governments should abide by a set of ethical standards when performing their duties. This also applies to volunteer leaders of homeowners associations. Here is your guide to HOA board member ethics.  Read the article………………………..
  • Lawn Jockeys In HOAs: Should The HOA Board Take Action?
    While homeowners generally have free rein over what they do with their property, the same can’t be said for those living in HOA communities. One of the more restrictive rules associations have is what decorations owners can put up. But, when it comes to lawn jockeys in HOAs, should the board have similar rules?    Read the article………………………..
  • HOA Gardening Rules: Making Sure Your Garden Is HOA Board Approved
    Homeowners living in HOA communities should familiarize themselves with the association’s rules — including any HOA gardening rules. This way, they can avoid wasting their time and facing monetary penalties.   Read the article………………………..
  • HOA Fraud: How Can The Board Protect Itself
    Homeowners associations are not immune to fraudulent activity. In fact, because associations tend to deal with a lot of money, they are prime targets of HOA fraud. The sad part is that most instances of fraud are perpetrated by people working inside the HOA in the first place.   Read the article………………………..
  • A Guide For HOA Security Camera Installations And Usage
    Security cameras are a common way homeowners associations keep communities safe. But, there are some considerations when it comes to installing and using them. Before you go all out on an HOA camera system, read through the article below.  Read the article………………………..
  • Condo and HOA Maintenance: Who is Responsible?
    There are many benefits to being a member of a condominium, homeowner (HOA), and townhome community association. By paying assessments, unit owners share the cost for a variety of association expenses including common area maintenance (ex. lobbies, hallways, elevators), amenities (ex. club house, gym, pool), landscaping, utilities, and more.   Read the article………………………..
  • Pet Policies and Assistance Animals: The New Normal for Community Associations (IL)
    Among the many impacts the coronavirus pandemic has had on daily lives, two trends that have become part of the “new normal” include pet adoption and remote work.  According to the American Society for the Prevention of Cruelty to Animals (ASPCA), nearly one in five American households “acquired a cat or dog since the beginning of the COVID-19 crisis.”   Read the article………………………..
  • HOA Voting: A Guide For Board Members And Homeowners
    When it comes to HOA voting, not all homeowners associations have it down pat. Some still struggle to standardize their procedures and hold seamless elections. This is where a guide will come in handy.   Read the article………………………..
  • 4 Items for your Community Association Party Checklist
    Block parties, cookouts, and outdoor social activities in condominium, homeowner (HOA), and townhome associations can bring residents together. These events can strengthen community bonds and provide a great opportunity for board members to meet and connect with fellow neighbors.   Read the article…………………..
  • COA: HOA rightfully granted summary judgment in dispute over pole barn (IN)
    A couple who constructed a pole barn on their property without first getting approval from their homeowners association failed to convince the Court of Appeals of Indiana that the trial court erred in granting the HOA summary judgment.   Read the entire article……………………………….
  • COA: Geist Lake homeowners had authority to create association (IN)
    A group of homeowners argued that their feud with the developer of their subdivision put an issue of first impression before the Court of Appeals of Indiana, but the appellate panel ruled it did not have to rule on the larger issue because of the “clear and unambiguous language” of the declaration governing the use of the homeowners’ properties.   Read the entire article……………………………….
  • Indiana HOA Solar Panels: House Bill 1196 Has Been Signed
    Homeowners associations are known for their strict rules when it comes to architectural changes. If a homeowner wants to add a shed or redo their front porch, chances are they will need to obtain approval from their HOA. This process usually involves going through an application process, which includes submitting documents such as designs and blueprints. Then, the Architectural Review Committee (ARC) evaluates the application before recommending a decision. The final say will come from the HOA board.   Read the entire article……………………………….
  • 7th Circuit finds for insurance company in adjuster’s game of chess (IN)
    A public adjuster who assured an Indiana homeowners association that the way to get a claim for storm damage processed was to play a game of chess with the insurance company, got checkmated when he failed to heed the deadline for filing a lawsuit, prompting the 7th Circuit Court of Appeals to make this observation: “Such is the price of gamesmanship.”   Read the entire article……………………………….
  • Memorial Day Facts And FAQs Every American Should Know
    Memorial Day comes every year, but some people just blindly celebrate the holiday as a free pass out of work or school. There is more to this holiday than just summer BBQs and pool parties. Here are the most important Memorial Day facts every American should know.   Read the entire article……………………………….
  • Understanding Crime Insurance For HOAs
    Crime insurance is an essential form of insurance for homeowners associations. Unfortunately, far too many HOA board members skip this insurance policy because they feel that it will never come into play. But, crime is something that can happen to any HOA.   Read the entire article……………………………….
  • New Indiana Law: Solar Panels and Community Associations
    According to the new law, an eligible homeowner “may petition other homeowners association members for approval to install a solar energy system on the homeowner’s dwelling unit or property.”  Read the entire article……………………………….
  • Solar Panel Law Limits Powers of Indiana Homeowners Associations
    On March 10, 2022, Gov. Eric Holcomb signed into law a bill curtailing the powers of Indiana homeowners associations to limit homeowner installation of solar energy systems, including solar panels and solar shingles.   Read the entire article……………………………….
  • HOA Payment Plans: Should You Offer These To Delinquent Homeowners?
    HOA payment plans are a common remedy that homeowners associations adopt to lower delinquency rates. But, is there a requirement for HOAs to offer these plans? And how do they work exactly?    Read the entire article……………………………….
  • How To Do An HOA Manager Performance Review
    Homeowners associations and their boards should routinely conduct an HOA manager performance review. In doing so, they can objectively evaluate how their manager or management company is doing and decide whether or not it is time for a change.    Read the entire article……………………………….
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