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Condo Special Assessment Rules in Indiana (2026)

Updated September 4, 2026. Quick answer: Indiana’s condominium law sets no statutory vote threshold for a special assessment, leaving approval entirely to the bylaws, while the state’s separate two-thirds/two-meeting HOA vote rule does not apply to condominiums at all.

Key statute: Ind. Code § 32-25-4-4 (contributions for expenses / reserve fund); Ind. Code § 32-25-6-3 (unpaid assessments; lien); Ind. Code § 32-25-8-2 (bylaws content)

How Indiana lets an association approve it

Indiana’s condominium act does not set a statutory owner-vote threshold or supermajority requirement for a special assessment. Indiana Code 32-25-4-4(a) simply obligates co-owners to contribute pro rata: “the co-owners are bound to contribute pro rata, in the percentages computed under section 3” toward “the expenses of administration and of maintenance and repair of the general common areas and facilities… and any other expenses lawfully agreed upon.” The actual approval mechanics are left to the bylaws, which IC 32-25-8-2 requires to state “[t]he manner of collecting from each condominium owner the owner’s share of the common expenses.” Indiana’s separate Homeowners Association Act does require a two-thirds vote at two meetings before a board can raise assessments by more than $500 a year per member, but that HOA-Act rule governs non-condominium HOAs only and does not apply to condominiums.

The notice you’re owed

Indiana’s condo statute is silent on notice for a special assessment. The sections examined contain no statutory notice-period or notice-content requirement tied to a special assessment vote or its effective date, and no separate condo-act meeting-notice statute for assessments was found. Any notice you’re entitled to would come from your association’s own bylaws.

Paying it: plan, interest, and late fees

Indiana law does not address a right to a payment plan for a special assessment; that is governed by your declaration or bylaws. The statute also does not contain language regarding interest or late fees on a special assessment; those provisions are absent from the sections of the condo act reviewed and would again be set by your governing documents.

Unpaid special-assessment sums become a lien on the unit effective at the time of assessment, with priority over most other liens except tax liens and unpaid first-mortgage sums, and the lien may be foreclosed as a mechanic’s/materialman’s lien under Indiana law.

Does Indiana require a reserve study?

No. Indiana has no statutory reserve-study or structural-inspection mandate along the lines of Florida’s post-Surfside SIRS law. It does require a reserve fund: IC 32-25-4-4(c) states that assessed sums must be established using generally accepted accounting principles and must include a replacement reserve fund, which “may be used for capital expenditures and replacement and repair of the common areas.” That is a funding requirement only, not a mandate for a periodic engineering or reserve study.

Honest gaps

The official Indiana statute site could not be accessed directly this session because it required JavaScript; the text above comes from a verbatim code mirror cross-checked against independently indexed copies of the same official law. Whether Chapter 8 of the condo act contains any additional notice requirement beyond what is quoted here was not fully confirmed.

Source note. Read from https://codes.findlaw.com/in/title-32-property/in-code-sect-32-25-4-4/ ; https://codes.findlaw.com/in/title-32-property/in-code-sect-32-25-6-3/ ; https://codes.findlaw.com/in/title-32-property/in-code-sect-32-25-8-2/ (accessed after https://iga.in.gov/laws/current/ic/titles/32#32-25-4-4 returned only a JavaScript-rendered header with no statutory text; the official IGA site could not be scraped this session, so FindLaw’s verbatim-quoted mirror of the Indiana Code was used and cross-checked against Justia/search-indexed excerpts of the same official text) on September 4, 2026.

Related: HOA rules in a 55+ community · how a special-assessment foreclosure actually works · lump sum vs. a payment plan.

General information drawn from each state’s own statutes as read at its official legislature or code-publisher site (or a verbatim codified mirror where noted), not legal advice. Special-assessment law is state law, and every association’s own declaration and bylaws add rules on top of the statutory floor described here. We are not a law firm and this is not legal advice.

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