AN ACT to amend the Indiana Code concerning property.

Be it enacted by the General Assembly of the State of Indiana:

SECTION 1. IC 32-25.5-1-1, AS AMENDED BY P.L.164-2016,

SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

UPON PASSAGE]: Sec. 1. (a) Subject to subsection (b), this article

applies to the following:

(1) A homeowners association established after June 30, 2009,

that is authorized to impose mandatory dues on the homeowners

association's members.

(2) A homeowners association established before July 1, 2009:

(A) if a majority of the members of the homeowners

association elect to be governed by this article; or

(B) if the number of members required by the homeowners

association's governing documents elect to be governed by this

article if a different number of members other than the number

established in clause (A) is required by the governing

documents.

(b) The following apply to all homeowners associations, including

a homeowners association described in subsection (a)(2), regardless of

whether the members of the homeowners association have elected

under subsection (a)(2)(A) or (a)(2)(B) to be governed by this article:

(1) IC 32-25.5-3-3(g) through IC 32-25.5-3-3(m).

(2) IC 32-25.5-3-9.

(3) IC 32-25.5-3-10.

(4) IC 32-25.5-3-11.

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(4) 

(5) 

IC 32-25.5-4.

(5) 

(6) 

IC 32-25.5-5.

SECTION 2. IC 32-25.5-3-10, AS ADDED BY P.L.141-2015,

SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE

UPON PASSAGE]: Sec. 10. (a) This section applies to a proxy given

by a member of a homeowners association.

(b) A proxy that does not comply with this subsection is void. A

proxy must include all the following:

(1) The name and address of the member giving the proxy.

(2) The name of the individual empowered to exercise the

member's proxy.

(3) The date on which the proxy is given.

(4) The date of the meeting for which the proxy is given.

(5) The member's signature, 

whether executed by hand or as an

electronic signature.

(6) An affirmation under the penalties for perjury that the

individual signing the proxy has the authority to grant the proxy

to the individual named in the proxy to exercise the member's

proxy.

(c) A member may state in a proxy that the proxy is limited in its use

to specific matters described in the proxy.

(d) A member may give a proxy for the meeting referred to in

subsection (b)(4) and any continuation of that meeting, if the proxy

states that it expires on a stated date that may not be more than one

hundred eighty (180) days after the date on which the proxy is given.

(e) A member may create and use a proxy form designed by the

member if the form complies with the requirements of subsection (b).

(f) A proxy, or a copy of the proxy, 

regardless of whether the copy

is a paper copy or an electronic copy,

that is exercised for any

purpose at a meeting must be kept with the records of the meeting.

(g) Notwithstanding subsection (b)(6), a member may submit a

proxy that complies with this section by:

(1) hand delivery;

(2) United States mail;

(3) facsimile; or

(4) electronic mail or other electronic means.

SECTION 3. IC 32-25.5-3-11 IS ADDED TO THE INDIANA

CODE AS A 

NEW

SECTION TO READ AS FOLLOWS

[EFFECTIVE UPON PASSAGE]: 

Sec. 11. (a) If:

(1) a meeting of a homeowners association is called in

accordance with the requirements of the homeowners

association's governing documents, regardless of whether the

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meeting is:

(A) an annual meeting;

(B) a special meeting; or

(C) any other meeting called by the board or the members;

(2) a purpose of the meeting is the election or appointment of

members of the board of directors of the homeowners

association; and

(3) the number of members of the homeowners association in

attendance at the meeting does not constitute a quorum as

defined in the governing documents of the homeowners

association;

the members of the board of directors at the time of the meeting

may continue to serve until their successors are selected and

qualified, regardless of the length of any member's term or the

number of terms the member has served.

regulating:

(A) the use of real estate; or

(B) the payment of assessments.

(c) If a homeowners association's governing documents permit

both the homeowners association and members of the homeowners

association to enforce provisions of the governing documents, the

homeowners association has authority both:

(1) as a corporation or an entity; and

(2) as derived from the members of the homeowners

association's board;

to enforce the governing documents of the homeowners association.

SECTION 4. 

An emergency is declared for this act.New Paragraph