Introduced Version
HOUSE BILL No. 1287
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 32-21-13.
Synopsis: Display of political signs on certain properties. Amends as
follows the statute governing the display of political signs on property
subject to restrictive covenants or homeowners association rules: (1)
Expands the scope of the statute to include additional communities. (2)
Replaces the term "homeowners association" with the term "community
association" and makes similar conforming changes to the statute's
terminology. (3) Extends the beginning of the period within which a
community association may not prohibit a community member from
displaying a political sign on the community member's property from
30 days to 60 days before the date of the election to which the sign
relates. (4) Removes the provision that authorizes a community
association to adopt and enforce rules restricting the number of
political signs that may be displayed on a community member's
property. (5) Prohibits a community association from restricting the
number of political signs that a community member may display on the
community member's property, subject to specified exceptions. (6)
Removes an exemption for gated communities from the statute's
prohibition against community association rules or covenants that
prohibit candidates or elected officials (or their spouses or volunteers)
from entering onto community association property to conduct political
activity. (7) Provides that a member of a homeowners association who
is aggrieved by an alleged violation of the statute by a homeowners
association may assert a claim against the homeowners association or
its board under the grievance resolution procedures set forth in the
statute governing homeowners associations. (8) Provides that: (A) a
community member; or (B) a candidate or an elected official; who is
(Continued next page)
Effective: July 1, 2025.
Cash
January 13, 2025, read first time and referred to Committee on Judiciary.
2025 IN 1287—LS 7598/DI 101 Digest Continued
aggrieved by an alleged violation of the statute may seek any remedy
available to the person under applicable law, including an action for
damages or injunctive relief in a court with jurisdiction.
2025 IN 1287—LS 7598/DI 1012025 IN 1287—LS 7598/DI 101 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1287
A BILL FOR AN ACT to amend the Indiana Code concerning
property.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 32-21-13-1.2 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 1.2. As used in this chapter,
4 "board" refers to the board of directors or other governing body
5 of a community association.
6 SECTION 2. IC 32-21-13-1.3 IS ADDED TO THE INDIANA
7 CODE AS A NEW SECTION TO READ AS FOLLOWS
8 [EFFECTIVE JULY 1, 2025]: Sec. 1.3. (a) As used in this section
9 "community" means a:
10 (1) subdivision;
11 (2) neighborhood;
12 (3) condominium community;
13 (4) senior living community; or
14 (5) similar residential community.
15 (b) The term does not include a multi-unit apartment complex.
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1 SECTION 3. IC 32-21-13-1.4 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 1.4. (a) As used in this chapter,
4 "community association" means an entity, however organized,
5 that:
6 (1) is organized and operated exclusively for the benefit of
7 community members;
8 (2) acts, in accordance with the articles, bylaws, declarations,
9 or other documents governing the entity, to:
10 (A) acquire, transfer, manage, repair, maintain, or engage
11 in construction on or in the land and improvements on the
12 land related to the use of the dwellings in the community;
13 (B) purchase insurance to cover a casualty or an activity
14 on or in the land and improvements on the land;
15 (C) engage in an activity incidental to an activity described
16 in clause (A) or (B); or
17 (D) engage in more than one (1) of the activities described
18 in clauses (A) through (C); and
19 (3) may be governed by a board that serves the purpose of
20 setting policy and controlling or otherwise overseeing the
21 activities or functional responsibilities of the entity.
22 (b) The term includes the following:
23 (1) An association of co-owners (as defined in IC 32-25-2-2)
24 for a condominium community.
25 (2) A homeowners association (as defined in IC 32-25.5-2-4).
26 SECTION 4. IC 32-21-13-1.5 IS ADDED TO THE INDIANA
27 CODE AS A NEW SECTION TO READ AS FOLLOWS
28 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. As used in this chapter,
29 "community member" means one (1) or more individuals who own
30 or occupy as a common household a dwelling in a community.
31 SECTION 5. IC 32-21-13-2, AS ADDED BY P.L.5-2010,
32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
33 JULY 1, 2025]: Sec. 2. As used in this chapter, "rules" refers to any of
34 the following:
35 (1) A restrictive covenant.
36 (2) A homeowners association rule.
37 (3) The governing documents (as defined in IC 32-25.5-2-3) of
38 a homeowners association.
39 (4) The bylaws for a condominium community.
40 (5) Other rules governing restrictions on or requirements
41 concerning:
42 (A) the use and maintenance of individual dwelling units
2025 IN 1287—LS 7598/DI 101 3
1 within a community; or
2 (B) the use and maintenance of common areas and
3 facilities within a community.
4 SECTION 6. IC 32-21-13-4, AS ADDED BY P.L.5-2010,
5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 4. Except as provided in section 5 of this chapter,
7 a homeowners community association may not adopt or enforce a rule
8 that prohibits a community member of the homeowners association
9 from displaying a sign on the community member's property during
10 the period:
11 (1) beginning thirty (30) sixty (60) days before; and
12 (2) ending five (5) days after;
13 the date of the election to which the sign relates.
14 SECTION 7. IC 32-21-13-5, AS ADDED BY P.L.5-2010,
15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]: Sec. 5. (a) A homeowners community association may
17 adopt and enforce rules relating to a sign described in section 3 of this
18 chapter if the rules do any of the following:
19 (1) Restrict the size of a sign if the rule permits a homeowner
20 community member to display a sign that is at least as large as
21 signs commonly displayed during election campaigns.
22 (2) Restrict the number of signs that may be displayed if the rule
23 permits a homeowner to display a reasonable number of signs.
24 (3) (2) Restrict the locations where a sign may be displayed.
25 However, a restriction under this subdivision may not prohibit the
26 display of a sign:
27 (A) in a window on the homeowner's community member's
28 property; or
29 (B) on the ground that is part of the homeowner's community
30 member's property, if applicable.
31 (b) A community association may not restrict, by rule or
32 otherwise, the number of signs described in section 3 of this
33 chapter that a community member may display in a location
34 described in subsection (a)(2)(B) unless the number of signs:
35 (1) prevents or interferes with access to:
36 (A) the community member's property by emergency
37 services personnel or the employees or agents of an entity
38 that provides utility service to the public; or
39 (B) property not owned or occupied by the community
40 member; or
41 (2) poses a threat to the health, welfare, or safety of others.
42 SECTION 8. IC 32-21-13-6, AS ADDED BY P.L.5-2010,
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1 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
2 JULY 1, 2025]: Sec. 6. A homeowners community association may
3 remove a sign that violates the rules permitted by this chapter.
4 SECTION 9. IC 32-21-13-7, AS AMENDED BY P.L.174-2015,
5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
6 JULY 1, 2025]: Sec. 7. (a) This section does not apply to homeowners
7 association property if:
8 (1) access to the property from the outside is controlled by gates
9 or other means; and
10 (2) the common areas, including roads and sidewalks, are
11 privately owned and maintained.
12 (b) (a) As used in this section, "homeowners "community
13 association property" refers to real property owned by any of the
14 following:
15 (1) A community member. of the homeowners association.
16 (2) The homeowners community association.
17 (3) The members of the homeowners community association in
18 common.
19 (c) (b) A homeowners community association may not adopt or
20 enforce a rule or covenant that prohibits, or has the effect of
21 prohibiting:
22 (1) a candidate;
23 (2) an individual who holds an elected office;
24 (3) the spouse of a candidate or individual who holds an elected
25 office; or
26 (4) a volunteer worker of a candidate or individual who holds an
27 elected office;
28 from entering onto homeowners community association property for
29 purposes of conducting political activity.
30 SECTION 10. IC 32-21-13-8 IS ADDED TO THE INDIANA
31 CODE AS A NEW SECTION TO READ AS FOLLOWS
32 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) A member of a homeowners
33 association who is aggrieved by an alleged violation of this chapter
34 by a homeowners association may, in addition to seeking any other
35 relief described in subsection (b), assert a claim against the
36 homeowners association or the homeowners association's board
37 under the grievance resolution procedures set forth in
38 IC 32-25.5-5.
39 (b) A person who is aggrieved by an alleged violation of this
40 chapter by a community association or the community
41 association's board, including:
42 (1) a community member; or
2025 IN 1287—LS 7598/DI 101 5
1 (2) a person described in section 7(b)(1) through 7(b)(4) of this
2 chapter;
3 may seek any remedy available to the person under applicable law,
4 including an action for damages or injunctive relief in a court with
5 jurisdiction.
2025 IN 1287—LS 7598/DI 101