Indiana § 32-25-7-6 - Presumption of consent to changes; reallocation of interests in common area; liens

§ 32-25-7-6. Presumption of consent to changes; reallocation of interests in common area; liens

Sec. 6. (a) Except as provided in subsection (b), if the declaration for a condominium is in conformity with section 2 of this chapter, it is presumed that any owner of a condominium unit in that condominium has consented to the changes in the percentage of undivided interest in the common areas and facilities appertaining to the owner's unit.

(b) An owner of a condominium unit who entered an agreement to purchase that unit before the recordation of the declaration may not be presumed to have consented to the changes referred to in subsection (a) unless the owner:

(1) was provided a copy of:

(A) the expansion provisions; or

(B) the declaration; and

(2) made a written acknowledgment of the receipt of the provisions before entering the purchase agreement.

(c) The reallocation of percentage of undivided interests in the common areas and facilities vests when the amendment to the declaration incorporating the reallocated percentages is recorded.

(d) When the amendment to the declaration incorporating:

(1) the addition of condominium units;

(2) the expansion of common areas and facilities; or

(3) both addition and expansion as described in subdivisions (1) and (2);

is recorded, all liens, including mortgage liens, are released as to the percentage of undivided interests in the common areas and facilities described in the declaration (before amendment of the declaration) and shall attach to the reallocated percentage of undivided interests in the common areas and facilities described in the amendment to the declaration as though the liens had attached to those percentage interests on the date of the recordation of the mortgage or other document that evidences the creation of the lien. The percentage interest in the common areas and facilities appertaining to additional condominium units being added by the amendment to the declaration are subject to mortgage liens and other liens upon the recordation of the amendment to the declaration.

[Pre-2002 Recodification Citation: 32-1-6-15.2.]

As added by P.L.2-2002, SEC.10.