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Archive for the ‘Real Estate’ Category

Indiana Legislature Imposes New Recordkeeping Requirements on Homeowner’s Associations
Icon Written by Jeff Bellamy on November 13, 2013 – 2:15 pm

by: Jeffrey M. Bellamy, Attorney at Law Over the last several years, the Indiana General Assembly has given considerable attention to the regulation of Homeowner’s Associations (“HOAs”). The 2013 session was no exception. Effective July 1, 2013, House Bill 1084 created new requirements for HOA recordkeeping and access. HOA’s must now keep certain records and […]

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Persevering through Your Tenant’s Appeal of a Possession Order in the Marion County Small Claims Court System
Icon Written by Jeff Bellamy on September 20, 2012 – 11:14 am

By Stephen Donham, Esq. Eviction actions can be emotionally unpleasant for landlords and tenants. Even the most diligent landlords who have gone to great lengths to screen potential tenants will encounter times when an eviction is a necessary step. Evictions in Marion County, however, are unlike evictions in the other Indiana counties. As a result, […]

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NEW LAWS FROM THE GENERAL ASSEMBLY IMPACTING HOMEOWNER’S ASSOCIATIONS
Icon Written by Jeff Bellamy on June 16, 2011 – 7:47 am

Each year, homeowners in subdivisions and condominiums throughout Indiana complain to their state legislators regarding real and perceived problems with their neighborhood associations. Those elected officials respond each year by introducing a variety of legislation designed to solve the problems of their constituents. This year was no different. There were a number of legislative initiatives, some potentially catastrophic, that were introduced into the 2011 Session of the Indiana General Assembly. Fortunately only a few became law. However, those bills will have an impact on the operation of homeowners associations in Indiana. This article will discuss the 2011 initiatives that became law.

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BEYOND MECHANIC’S LIENS: Collection Strategies to Consider When Mechanic’s Liens Won’t Work.
Icon Written by Jeff Bellamy on June 16, 2011 – 7:42 am

The construction job is complete. Your invoice has been submitted to the customer. However, several weeks have passed since you submitted the invoice and you have not been paid. On your last day at the job site, the architect (or foreman, general contractor, building manager, homeowner, etc.) told you that he was delighted with your work, asked you for business cards to submit to colleagues and friends, and promised that you would be paid “but it might take a few extra days.” When you were out with your spouse during the weekend, you were sure you saw your customer at the ballgame (or grocery, trade show, department store, movies, etc.) but he put his head down and walked the opposite direction. That is when you realized that you have a problem – you are not going to get paid. Of course, your fears are confirmed when your phone calls or emails to the customer go unreturned or are returned at times when you are sure not to be in the office.

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GENERAL ASSEMBLY AGAIN TAKES AN INTEREST IN HOMEOWNERS ASSOCIATIONS
Icon Written by Jeff Bellamy on February 6, 2011 – 9:43 am

Once again the Indiana General Assembly has shown an interest in legislation regulating homeowners associations. Since our firm maintains an active presence at the General Assembly, we are often called upon to assist on this legislation. Several proposed bills could significantly impact neighborhoods and neighborhood associations. They include various bills that would (1) allow the Attorney General to pursue HOA boards for fraudulent conduct or misappropriation of funds; (2) allow local works boards to install mounds, barriers, fencing, and other structures to protect retention ponds from children and vehicles and then assess the cost against the home owners; and (3) change the timing and various aspects of imposing and collecting association assessments.

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Property Tax Deadlines You Should Know
Icon Written by Jeff Bellamy on November 16, 2010 – 10:03 am

One of the most common problems with property tax payers is the simplest to solve: missing deadlines. Below are some of the more important deadlines that are approaching. They cannot be extended and missing a deadline cannot be appealed, so it is absolutely imperative that clients either file or appeal on their own in a timely manner or delegate that responsibility to our Firm.

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General Assembly Enacts New Political Sign Laws
Icon Written by Jeff Bellamy on May 12, 2010 – 8:08 am

Beginning July 1, 2010, Homeowners Associations will be subject to new rules governing the display of political signs. While most covenants prohibit signs, this law provides a standard to match that prohibition with freedom of speech. While the new law limits an HOA’s ability to eliminate “sign-speech” it also provides some tools that allow better regulation of signs within a neighborhood.

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Legislature Passes New Homeowner’s Association Law
Icon Written by Jeff Bellamy on January 21, 2010 – 4:16 pm

By Jeffrey M. Bellamy, Esq. Provisions of a new law governing homeowners associations should not be plowed to the side like last winter’s snowfall. Builders and developers (and occasionally their counsel) can at times discount the importance of their HOA governing documents by recycling forms drafted 20 years ago or using documents obtained from colleagues […]

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City of Indianapolis Imposes New Building Permit Standards for Commercial and Multi-Family Buildings
Icon Written by Jeff Bellamy on January 21, 2010 – 3:57 pm

By Jeffrey M. Bellamy, Esq. On November 1, 2009, the City of Indianapolis’s new Office of Code Enforcement started its plan review process for Class 1 structures. The term “Class 1 structure” references the Indiana Building Code. Class 1 structures are typically commercial, industrial and multi-family structures, not single or two-family structures. Under this new […]

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Should Your Investment Property Be Owned Through an LLC?
Icon Written by Jeff Bellamy on February 13, 2009 – 8:36 am

By: Dennis L. Voelkel, Esq. Download PDF Version Several years ago, hardly anyone had heard of limited liability companies (“LLC”). Now businesses operate as LLCs in all states, and the press and media have nothing but good things to say about them. Is all the hype justified? Much of it is, especially where the business […]

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