Sec. 11. A contract between the executive and the homeowners association of a subdivision under this chapter must include provisions that do the following:
(1) Authorize the unit to repair subdivision drains located in the subdivision either:
(A) through the work of employees of the unit; or
(B) by contracting for the repair work to be performed by a third party.
(2) Authorize the unit to impose assessments on owners of property in the subdivision to:
(A) recover the cost of repairing subdivision drains in the subdivision; and
(B) accumulate funds to defray the cost of future projects to repair subdivision drains in the subdivision.
(3) Authorize:
(A) employees of:
(i) the unit; or
(ii) a contractor of the unit; and
(B) the county surveyor or the county surveyor's employees;
to enter upon property that is located in the subdivision and is owned by a member of the homeowners association of the subdivision for the purpose of repairing subdivision drains located on the property.
(4) Authorize the unit to determine the order in which subdivision drains will be repaired by the unit.
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