SELECTIVE ENFORCEMENT HOA COVENANTS PROFESSIONAL

The state of Indiana obtained a judgment of $250 in civil penalties to the AG’s office. The Attorney General filed a lawsuit in February 2016 against the former board president of the Delaware Crossing Homeowners Association in Fishers after he was criminally charged with stealing nearly $25,000 from the HOA.Ĭourt records show Glenn Taylor was arrested for theft and conversion, entered pretrial diversion, and the case was dismissed. “We can file a lawsuit and get a judgment.”Īlthough the Attorney General’s office can file a lawsuit against a homeowner’s association, the last one was three years ago. “If a board member does something that is a fraudulent or criminal act that involves the homeowners association or the board, it’s essentially misconduct by a board member,” said DeNardi.

Indiana law allows the Attorney General’s Office to take action involving an HOA only on five specific things such as if an HOA intentionally or knowingly misappropriates funds, if the HOA violates its requirements related to budgets, or fails to properly use proxies. 'The Attorney General's authority over homeowner’s associations is limited in some ways, so some of those complaints we just have to provide them with a letter saying there's nothing we can do,' said DeNardi. Records show the Attorney General’s office closes most complaints because of insufficient evidence, no violation was found, or because the Attorney General’s office does not have jurisdiction. “We get a variety of complaints from homeowners,” said Betsy DeNardi, director of consumer protection for the Indiana Attorney General’s office.

SELECTIVE ENFORCEMENT HOA COVENANTS PROFESSIONAL

RELATED | Carmel homeowner out $45K after HOA sues over wine truck in drivewayĪn estimated 970,000 people in Indiana live 4,800 community association, paying $1.3 billion a year to maintain those neighborhoods, according to the Community Associations Institute.Ĭall 6 Investigates found more than 530 complaints filed with the Indiana Attorney General’s office since 2009 against community associations alleging fraud, unprofessional conduct, billing disputes, and professional incompetence. But some homeowners say the state needs to do more about HOAs that overreach or who aren’t following the rules. INDIANAPOLIS - A Call 6 Investigation into homeowner’s associations suing thousands of homeowners is prompting a lot of reaction.Īttorneys for HOAs say lawsuits are a last resort to get homeowners to pay unpaid dues or comply with the neighborhood’s covenants.

Selective enforcement hoa covenants