Indiana 2025 Regular Session

Indiana House Bill HB1287 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1287
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 32-21-13.
7	7	Synopsis: Display of political signs on certain properties. Amends as
8	8	follows the statute governing the display of political signs on property
9	9	subject to restrictive covenants or homeowners association rules: (1)
10	10	Expands the scope of the statute to include additional communities. (2)
11	11	Replaces the term "homeowners association" with the term "community
12	12	association" and makes similar conforming changes to the statute's
13	13	terminology. (3) Extends the beginning of the period within which a
14	14	community association may not prohibit a community member from
15	15	displaying a political sign on the community member's property from
16	16	30 days to 60 days before the date of the election to which the sign
17	17	relates. (4) Removes the provision that authorizes a community
18	18	association to adopt and enforce rules restricting the number of
19	19	political signs that may be displayed on a community member's
20	20	property. (5) Prohibits a community association from restricting the
21	21	number of political signs that a community member may display on the
22	22	community member's property, subject to specified exceptions. (6)
23	23	Removes an exemption for gated communities from the statute's
24	24	prohibition against community association rules or covenants that
25	25	prohibit candidates or elected officials (or their spouses or volunteers)
26	26	from entering onto community association property to conduct political
27	27	activity. (7) Provides that a member of a homeowners association who
28	28	is aggrieved by an alleged violation of the statute by a homeowners
29	29	association may assert a claim against the homeowners association or
30	30	its board under the grievance resolution procedures set forth in the
31	31	statute governing homeowners associations. (8) Provides that: (A) a
32	32	community member; or (B) a candidate or an elected official; who is
33	33	(Continued next page)
34	34	Effective: July 1, 2025.
35	35	Cash
36	36	January 13, 2025, read first time and referred to Committee on Judiciary.
37	37	2025 IN 1287—LS 7598/DI 101 Digest Continued
38	38	aggrieved by an alleged violation of the statute may seek any remedy
39	39	available to the person under applicable law, including an action for
40	40	damages or injunctive relief in a court with jurisdiction.
41	41	2025 IN 1287—LS 7598/DI 1012025 IN 1287—LS 7598/DI 101 Introduced
42	42	First Regular Session of the 124th General Assembly (2025)
43	43	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
44	44	Constitution) is being amended, the text of the existing provision will appear in this style type,
45	45	additions will appear in this style type, and deletions will appear in this style type.
46	46	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
47	47	provision adopted), the text of the new provision will appear in this style type. Also, the
48	48	word NEW will appear in that style type in the introductory clause of each SECTION that adds
49	49	a new provision to the Indiana Code or the Indiana Constitution.
50	50	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
51	51	between statutes enacted by the 2024 Regular Session of the General Assembly.
52	52	HOUSE BILL No. 1287
53	53	A BILL FOR AN ACT to amend the Indiana Code concerning
54	54	property.
55	55	Be it enacted by the General Assembly of the State of Indiana:
56	56	1 SECTION 1. IC 32-21-13-1.2 IS ADDED TO THE INDIANA
57	57	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
58	58	3 [EFFECTIVE JULY 1, 2025]: Sec. 1.2. As used in this chapter,
59	59	4 "board" refers to the board of directors or other governing body
60	60	5 of a community association.
61	61	6 SECTION 2. IC 32-21-13-1.3 IS ADDED TO THE INDIANA
62	62	7 CODE AS A NEW SECTION TO READ AS FOLLOWS
63	63	8 [EFFECTIVE JULY 1, 2025]: Sec. 1.3. (a) As used in this section
64	64	9 "community" means a:
65	65	10 (1) subdivision;
66	66	11 (2) neighborhood;
67	67	12 (3) condominium community;
68	68	13 (4) senior living community; or
69	69	14 (5) similar residential community.
70	70	15 (b) The term does not include a multi-unit apartment complex.
71	71	2025 IN 1287—LS 7598/DI 101 2
72	72	1 SECTION 3. IC 32-21-13-1.4 IS ADDED TO THE INDIANA
73	73	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
74	74	3 [EFFECTIVE JULY 1, 2025]: Sec. 1.4. (a) As used in this chapter,
75	75	4 "community association" means an entity, however organized,
76	76	5 that:
77	77	6 (1) is organized and operated exclusively for the benefit of
78	78	7 community members;
79	79	8 (2) acts, in accordance with the articles, bylaws, declarations,
80	80	9 or other documents governing the entity, to:
81	81	10 (A) acquire, transfer, manage, repair, maintain, or engage
82	82	11 in construction on or in the land and improvements on the
83	83	12 land related to the use of the dwellings in the community;
84	84	13 (B) purchase insurance to cover a casualty or an activity
85	85	14 on or in the land and improvements on the land;
86	86	15 (C) engage in an activity incidental to an activity described
87	87	16 in clause (A) or (B); or
88	88	17 (D) engage in more than one (1) of the activities described
89	89	18 in clauses (A) through (C); and
90	90	19 (3) may be governed by a board that serves the purpose of
91	91	20 setting policy and controlling or otherwise overseeing the
92	92	21 activities or functional responsibilities of the entity.
93	93	22 (b) The term includes the following:
94	94	23 (1) An association of co-owners (as defined in IC 32-25-2-2)
95	95	24 for a condominium community.
96	96	25 (2) A homeowners association (as defined in IC 32-25.5-2-4).
97	97	26 SECTION 4. IC 32-21-13-1.5 IS ADDED TO THE INDIANA
98	98	27 CODE AS A NEW SECTION TO READ AS FOLLOWS
99	99	28 [EFFECTIVE JULY 1, 2025]: Sec. 1.5. As used in this chapter,
100	100	29 "community member" means one (1) or more individuals who own
101	101	30 or occupy as a common household a dwelling in a community.
102	102	31 SECTION 5. IC 32-21-13-2, AS ADDED BY P.L.5-2010,
103	103	32 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
104	104	33 JULY 1, 2025]: Sec. 2. As used in this chapter, "rules" refers to any of
105	105	34 the following:
106	106	35 (1) A restrictive covenant.
107	107	36 (2) A homeowners association rule.
108	108	37 (3) The governing documents (as defined in IC 32-25.5-2-3) of
109	109	38 a homeowners association.
110	110	39 (4) The bylaws for a condominium community.
111	111	40 (5) Other rules governing restrictions on or requirements
112	112	41 concerning:
113	113	42 (A) the use and maintenance of individual dwelling units
114	114	2025 IN 1287—LS 7598/DI 101 3
115	115	1 within a community; or
116	116	2 (B) the use and maintenance of common areas and
117	117	3 facilities within a community.
118	118	4 SECTION 6. IC 32-21-13-4, AS ADDED BY P.L.5-2010,
119	119	5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
120	120	6 JULY 1, 2025]: Sec. 4. Except as provided in section 5 of this chapter,
121	121	7 a homeowners community association may not adopt or enforce a rule
122	122	8 that prohibits a community member of the homeowners association
123	123	9 from displaying a sign on the community member's property during
124	124	10 the period:
125	125	11 (1) beginning thirty (30) sixty (60) days before; and
126	126	12 (2) ending five (5) days after;
127	127	13 the date of the election to which the sign relates.
128	128	14 SECTION 7. IC 32-21-13-5, AS ADDED BY P.L.5-2010,
129	129	15 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
130	130	16 JULY 1, 2025]: Sec. 5. (a) A homeowners community association may
131	131	17 adopt and enforce rules relating to a sign described in section 3 of this
132	132	18 chapter if the rules do any of the following:
133	133	19 (1) Restrict the size of a sign if the rule permits a homeowner
134	134	20 community member to display a sign that is at least as large as
135	135	21 signs commonly displayed during election campaigns.
136	136	22 (2) Restrict the number of signs that may be displayed if the rule
137	137	23 permits a homeowner to display a reasonable number of signs.
138	138	24 (3) (2) Restrict the locations where a sign may be displayed.
139	139	25 However, a restriction under this subdivision may not prohibit the
140	140	26 display of a sign:
141	141	27 (A) in a window on the homeowner's community member's
142	142	28 property; or
143	143	29 (B) on the ground that is part of the homeowner's community
144	144	30 member's property, if applicable.
145	145	31 (b) A community association may not restrict, by rule or
146	146	32 otherwise, the number of signs described in section 3 of this
147	147	33 chapter that a community member may display in a location
148	148	34 described in subsection (a)(2)(B) unless the number of signs:
149	149	35 (1) prevents or interferes with access to:
150	150	36 (A) the community member's property by emergency
151	151	37 services personnel or the employees or agents of an entity
152	152	38 that provides utility service to the public; or
153	153	39 (B) property not owned or occupied by the community
154	154	40 member; or
155	155	41 (2) poses a threat to the health, welfare, or safety of others.
156	156	42 SECTION 8. IC 32-21-13-6, AS ADDED BY P.L.5-2010,
157	157	2025 IN 1287—LS 7598/DI 101 4
158	158	1 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
159	159	2 JULY 1, 2025]: Sec. 6. A homeowners community association may
160	160	3 remove a sign that violates the rules permitted by this chapter.
161	161	4 SECTION 9. IC 32-21-13-7, AS AMENDED BY P.L.174-2015,
162	162	5 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
163	163	6 JULY 1, 2025]: Sec. 7. (a) This section does not apply to homeowners
164	164	7 association property if:
165	165	8 (1) access to the property from the outside is controlled by gates
166	166	9 or other means; and
167	167	10 (2) the common areas, including roads and sidewalks, are
168	168	11 privately owned and maintained.
169	169	12 (b) (a) As used in this section, "homeowners "community
170	170	13 association property" refers to real property owned by any of the
171	171	14 following:
172	172	15 (1) A community member. of the homeowners association.
173	173	16 (2) The homeowners community association.
174	174	17 (3) The members of the homeowners community association in
175	175	18 common.
176	176	19 (c) (b) A homeowners community association may not adopt or
177	177	20 enforce a rule or covenant that prohibits, or has the effect of
178	178	21 prohibiting:
179	179	22 (1) a candidate;
180	180	23 (2) an individual who holds an elected office;
181	181	24 (3) the spouse of a candidate or individual who holds an elected
182	182	25 office; or
183	183	26 (4) a volunteer worker of a candidate or individual who holds an
184	184	27 elected office;
185	185	28 from entering onto homeowners community association property for
186	186	29 purposes of conducting political activity.
187	187	30 SECTION 10. IC 32-21-13-8 IS ADDED TO THE INDIANA
188	188	31 CODE AS A NEW SECTION TO READ AS FOLLOWS
189	189	32 [EFFECTIVE JULY 1, 2025]: Sec. 8. (a) A member of a homeowners
190	190	33 association who is aggrieved by an alleged violation of this chapter
191	191	34 by a homeowners association may, in addition to seeking any other
192	192	35 relief described in subsection (b), assert a claim against the
193	193	36 homeowners association or the homeowners association's board
194	194	37 under the grievance resolution procedures set forth in
195	195	38 IC 32-25.5-5.
196	196	39 (b) A person who is aggrieved by an alleged violation of this
197	197	40 chapter by a community association or the community
198	198	41 association's board, including:
199	199	42 (1) a community member; or
200	200	2025 IN 1287—LS 7598/DI 101 5
201	201	1 (2) a person described in section 7(b)(1) through 7(b)(4) of this
202	202	2 chapter;
203	203	3 may seek any remedy available to the person under applicable law,
204	204	4 including an action for damages or injunctive relief in a court with
205	205	5 jurisdiction.
206	206	2025 IN 1287—LS 7598/DI 101