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.

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.