Sec. 5. (a) All sums assessed by a
homeowners association but unpaid for the share of the
common expenses chargeable to an owner of
real estate in a
subdivision constitute a homeowners association
lien on the real estate effective as provided in section 6 of this chapter.
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Terms Used In Indiana Code 32-28-14-5
- common expenses: means :
Indiana Code 32-28-14-1
- homeowners association: means all the owners of real estate in a subdivision acting as an entity in accordance with any:
Indiana Code 32-28-14-2
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- real estate: means a right, a title, or an interest in real property. See Indiana Code 32-28-14-3
- subdivision: means the division of a parcel of land into lots, parcels, tracts, units, or interests in the manner defined and prescribed by a subdivision control ordinance adopted by a legislative body under IC 36-7-4. See Indiana Code 32-28-14-4
(c) A notice of lien may not be recorded under subsection (a) unless the notice of lien:
(1) contains:
(A) the name and address of the homeowners association;
(B) the address and legal description of the property that is subject to the lien;
(C) the name of the owner of the property that is subject to the lien; and
(D) the amount of the lien; and
(2) is:
(A) signed by an officer of the homeowners association; and
(B) acknowledged as in the case of deeds.
As added by P.L.135-2007, SEC.3.
