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IN HB1331
Bill
Status
4/16/2019
Primary Sponsor
Mike Speedy
Click for details
AI Summary
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Homeowners associations cannot prohibit solar energy system installation, impose unreasonable limitations on installation or use, or require removal of installed systems, with exceptions for systems on HOA-owned property, common areas, or those found by courts to threaten public safety or violate law
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HOAs may require preapproval of solar system location and installation method, and compliance with screening requirements; systems must not extend more than 6 inches beyond the roof, must conform to roof slope, and frames/wiring must be silver, bronze, or black
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Applies only to HOA rules, covenants, and governing documents adopted or amended after June 30, 2019; effective July 1, 2019
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Mediation becomes mandatory if either party to an HOA dispute requests it within 10 days of impasse; mediation costs split equally between parties and must follow Indiana Supreme Court alternative dispute resolution rules
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If no mediation is requested or mediation fails, parties may proceed to legal action; prevailing party in breach of settlement agreement may recover court costs, attorney's fees, and other reasonable enforcement costs
Legislative Description
Homeowners associations. Provides that, subject to certain specified exceptions, a homeowners association may not: (1) prohibit the owner of a dwelling unit from installing a solar energy system; (2) impose unreasonable limitations on the owner's ability to install or use a solar energy system; or (3) require the removal of a solar energy system that has been installed. Provides, however, that a homeowners association may require: (1) compliance with screening requirements imposed by the homeowners association; and (2) preapproval of the location of a solar energy system and of the manner in which the solar energy system is installed. Applies only to rules, covenants, declarations of restrictions, and other governing documents adopted or amended by a homeowners association after June 30, 2019. Provides that if a party to a dispute involving a homeowners association requests mediation, mediation is mandatory. Provides that if neither party requests mediation, or if mediation is unsuccessful, a claimant may begin legal proceedings. Requires a mediation to be conducted in compliance with the Indiana supreme court rules for alternative dispute resolution. Makes corresponding amendments to the provisions regarding grievance resolutions involving condominium associations.
Last Action
Senate advisors appointed: Rogers and Lanane
4/22/2019