1 | 1 | | |
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2 | 2 | | Introduced Version |
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3 | 3 | | SENATE BILL No. 69 |
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4 | 4 | | _____ |
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5 | 5 | | DIGEST OF INTRODUCED BILL |
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6 | 6 | | Citations Affected: IC 32-25.5. |
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7 | 7 | | Synopsis: Homeowners association child safety requirements. |
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8 | 8 | | Requires certain homeowners associations to erect a barrier that: (1) is |
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9 | 9 | | at least four feet in height; and (2) surrounds the perimeter of a |
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10 | 10 | | retention pond or other pond or lake that is located on property owned |
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11 | 11 | | or maintained by the homeowners association or owned in common by |
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12 | 12 | | the members of the homeowners association. |
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13 | 13 | | Effective: July 1, 2025. |
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14 | 14 | | Ford J.D. |
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15 | 15 | | January 8, 2025, read first time and referred to Committee on Local Government. |
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16 | 16 | | 2025 IN 69—LS 6289/DI 154 Introduced |
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17 | 17 | | First Regular Session of the 124th General Assembly (2025) |
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18 | 18 | | PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana |
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19 | 19 | | Constitution) is being amended, the text of the existing provision will appear in this style type, |
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20 | 20 | | additions will appear in this style type, and deletions will appear in this style type. |
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21 | 21 | | Additions: Whenever a new statutory provision is being enacted (or a new constitutional |
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22 | 22 | | provision adopted), the text of the new provision will appear in this style type. Also, the |
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23 | 23 | | word NEW will appear in that style type in the introductory clause of each SECTION that adds |
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24 | 24 | | a new provision to the Indiana Code or the Indiana Constitution. |
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25 | 25 | | Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts |
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26 | 26 | | between statutes enacted by the 2024 Regular Session of the General Assembly. |
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27 | 27 | | SENATE BILL No. 69 |
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28 | 28 | | A BILL FOR AN ACT to amend the Indiana Code concerning |
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29 | 29 | | property. |
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30 | 30 | | Be it enacted by the General Assembly of the State of Indiana: |
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31 | 31 | | 1 SECTION 1. IC 32-25.5-1-1, AS AMENDED BY P.L.27-2017, |
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32 | 32 | | 2 SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE |
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33 | 33 | | 3 JULY 1, 2025]: Sec. 1. (a) Subject to subsection (b), this article applies |
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34 | 34 | | 4 to the following: |
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35 | 35 | | 5 (1) A homeowners association established after June 30, 2009, |
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36 | 36 | | 6 that is authorized to impose mandatory dues on the homeowners |
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37 | 37 | | 7 association's members. |
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38 | 38 | | 8 (2) A homeowners association established before July 1, 2009: |
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39 | 39 | | 9 (A) if a majority of the members of the homeowners |
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40 | 40 | | 10 association elect to be governed by this article; or |
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41 | 41 | | 11 (B) if the number of members required by the homeowners |
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42 | 42 | | 12 association's governing documents elect to be governed by this |
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43 | 43 | | 13 article if a different number of members other than the number |
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44 | 44 | | 14 established in clause (A) is required by the governing |
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45 | 45 | | 15 documents. |
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46 | 46 | | 16 (b) The following apply to all homeowners associations, including |
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47 | 47 | | 17 a homeowners association described in subsection (a)(2), regardless of |
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48 | 48 | | 2025 IN 69—LS 6289/DI 154 2 |
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49 | 49 | | 1 whether the members of the homeowners association have elected |
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50 | 50 | | 2 under subsection (a)(2)(A) or (a)(2)(B) to be governed by this article: |
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51 | 51 | | 3 (1) IC 32-25.5-3-3(g) through IC 32-25.5-3-3(m). |
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52 | 52 | | 4 (2) IC 32-25.5-3-9. |
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53 | 53 | | 5 (3) IC 32-25.5-3-10. |
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54 | 54 | | 6 (4) IC 32-25.5-3-11. |
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55 | 55 | | 7 (5) IC 32-25.5-3.9. |
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56 | 56 | | 8 (5) (6) IC 32-25.5-4. |
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57 | 57 | | 9 (6) (7) IC 32-25.5-5. |
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58 | 58 | | 10 SECTION 2. IC 32-25.5-3.9 IS ADDED TO THE INDIANA CODE |
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59 | 59 | | 11 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE |
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60 | 60 | | 12 JULY 1, 2025]: |
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61 | 61 | | 13 Chapter 3.9. Homeowners Association Child Safety |
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62 | 62 | | 14 Requirements |
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63 | 63 | | 15 Sec. 1. This chapter applies to a homeowners association if a |
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64 | 64 | | 16 child who is at least one (1) year of age and less than five (5) years |
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65 | 65 | | 17 of age resides in a dwelling governed by the homeowners |
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66 | 66 | | 18 association. |
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67 | 67 | | 19 Sec. 2. A homeowners association shall erect a barrier that: |
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68 | 68 | | 20 (1) is at least four (4) feet in height; and |
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69 | 69 | | 21 (2) surrounds the perimeter of a retention pond or other pond |
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70 | 70 | | 22 or lake that is located on property: |
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71 | 71 | | 23 (A) owned or maintained by the homeowners association; |
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72 | 72 | | 24 or |
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73 | 73 | | 25 (B) owned in common by the members of the homeowners |
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74 | 74 | | 26 association. |
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75 | 75 | | 2025 IN 69—LS 6289/DI 154 |
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