Sec. 10. (a) The executive may enter into a contract under this chapter with the homeowners association of a subdivision if the following requirements are satisfied:
(1) The contract must be executed not later than June 30, 2021.
(2) Each member of the homeowners association must be provided with a copy of the proposed contract through one (1) of the following:
(A) Physical delivery of a printed copy.
(B) Delivery by electronic mail of an electronic copy.
(C) Notification by electronic mail or other means that an electronic copy can be viewed on or downloaded from the Internet web site of the homeowners association.
(3) The proposed contract:
(A) must be approved by a majority of the members of the homeowners association in attendance at a meeting called and conducted in accordance with the requirements of the homeowners association's governing documents; or
(B) must be approved by a majority of the members of the homeowners association through alternative means, such as voting by electronic mail, that are allowed under the homeowners association's governing documents.
(b) For purposes of subsection (a)(3)(A), a member of a homeowners association is considered to be in attendance at a meeting if the member attends:
(1) in person;
(2) by proxy; or
(3) by any other means allowed under:
(A) state law; or
(B) the governing documents of the homeowners association.
(c) IC 32-25.5-3-4 does not apply to the approval of a contract under this section.
As added by P.L.139-2018, SEC.2.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 27.8. Subdivision Drain Repair Pilot Program
36-9-27.8-3. "Governing Documents"
36-9-27.8-4. "Homeowners Association"
36-9-27.8-6. "Subdivision Drain"
36-9-27.8-8. Application of Chapter
36-9-27.8-9. Application Regardless of Whether Homeowners Association Law Applies to Subdivision
36-9-27.8-10. Authority to Enter Into Contract; Requirements
36-9-27.8-11. Mandatory Contract Provisions
36-9-27.8-12. Right of Entry to Perform Drain Repair Work
36-9-27.8-13. Workers Not Trespassing
36-9-27.8-14. Recording of Contract
36-9-27.8-15. Duties of Fiscal Officer
36-9-27.8-16. Assessments; Amount and Collection
36-9-27.8-17. If Balance in Account Is Insufficient
36-9-27.8-18. Unpaid Assessments Constitute Lien
36-9-27.8-19. Attachment of Lien to Real Estate; Notice of Lien
36-9-27.8-20. Liability of Grantee; Acquirer of Title After Mortgage Foreclosure Not Liable
36-9-27.8-21. Enforcement of Assessments
36-9-27.8-22. Expiration of Authority to Enter Into Contracts