Your Rights as a Homeowner in an Indiana HOA

Indiana law gives homeowners in HOA communities certain protections. Understanding
your rights can help you participate in your community and hold your association
accountable.

The Right to Access Records

As a member of a homeowners association in Indiana, you have the right to inspect and
copy the association’s records upon written request. This includes governing
documents, financial records, meeting minutes, and other documents related to the
operation of the association. Under Indiana Code section 32-25.5-3-3, an HOA may not
charge a fee for the first hour required to search for records in response to a request.
However, it may charge a fee for additional time required to search for the records, not
to exceed thirty-five dollars per hour and two hundred dollars in total.

The Right to Attend and Participate in Meetings

Indiana law requires the board of directors to provide members with advance written
notice of board meetings, including a meeting agenda. For annual meetings, the notice
must also include a statement of the right of HOA members to demand a special
meeting, along with the number of members needed to demand one. Members are also
now considered to be in attendance if they participate remotely or virtually, in
accordance with the statutory procedures for remote meetings of nonprofit corporations.

Grievance Resolution Before Legal Action

One of the most important protections for Indiana homeowners is the mandatory
grievance resolution process established by the Indiana Homeowners Association Act.
Before either the homeowner or the HOA can initiate legal proceedings, they must first
comply with this process. The party initiating a dispute must send a notice of claim that
states the nature of the dispute, identifies the governing document provision at issue,
describes what resolution is being sought, and informs the other party of their right to
request a meeting. The receiving party then has ten business days to request a meeting
to attempt to resolve the dispute.

Protection Against Improper Fines

Under Indiana law as amended in 2026, an HOA may only assess a fine for a covenant
violation if it has first adopted a schedule of fines for specified violations and has
provided the homeowner with written notice identifying the violation, the fine amount,
and the date the fine will be assessed. The fine schedule must include a maximum
aggregate fine amount for any single violation. An HOA cannot impose fines arbitrarily
or without following these procedures.

If you believe your HOA is not following proper procedures or is violating your rights as
a homeowner, the attorneys at McNeelyLaw LLP can help you understand your options.
Contact us today by calling (317)825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion on
any specific facts or circumstances. The contents are intended for general informational
purposes only, and you are urged to consult your own lawyer on any specific legal questions
you may have concerning your situation.