Indiana § 32-25-8-16 - Removal of property

§ 32-25-8-16. Removal of property

Sec. 16. (a) All of the co-owners may remove a property from this article by a recorded removal instrument if the holders of all liens affecting any of the condominium units:

(1) consent in a recorded instrument to the removal; or

(2) agree in a recorded instrument that their liens be transferred to the percentage of the undivided interest of the condominium unit owner in the property as provided in this section.

(b) If it is determined under section 10 of this chapter that all of the buildings containing condominium units have been totally destroyed:

(1) the property is considered removed from this article; and

(2) an instrument reciting the removal under section 10 of this chapter shall be recorded and executed by the association of co-owners.

(c) At the time of recording under subsection (b)(2), the property is removed from this article.

(d) Upon removal of the property from this article, the property is considered to be owned in common by the condominium unit owners. The undivided interest in the property owned in common that appertains to each condominium unit owner is the percentage of undivided interest previously owned by the owner in the common areas and facilities.

(e) Under the circumstances described in subsection (a) or in subsections (b) through (d), the property is subject to an action for partition at the suit of any condominium unit owner, in which event the net proceeds of sale, together with the net proceeds of the insurance on the property, if any:

(1) are considered as one (1) fund; and

(2) are divided among all the condominium unit owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the condominium unit owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each condominium unit owner.

(f) A removal under this section does not bar the subsequent resubmission of the property to this article.

[Pre-2002 Recodification Citations: 32-1-6-28; 32-1-6-29.]

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

IC 32-25-8.5Chapter 8.5. Grievance Resolution

32-25-8.5-1Application of chapter to exempt claims 32-25-8.5-2"Board" 32-25-8.5-3"Claim" 32-25-8.5-4"Claimant" 32-25-8.5-5"Exempt claim" 32-25-8.5-6"Legal proceedings" 32-25-8.5-7"Party" 32-25-8.5-8"Respondent" 32-25-8.5-9Repealed 32-25-8.5-10Requirements for claimant to begin legal proceedings 32-25-8.5-11Notice of claim; required information 32-25-8.5-12Negotiation meeting; access to subject property 32-25-8.5-13Impasse; submission of claim to mediation or binding arbitration; costs of mediator or arbitrator 32-25-8.5-14Impasse; beginning legal proceedings 32-25-8.5-15Settlement of claim through negotiation, mediation, or arbitration; legal proceedings; recovery of costs 32-25-8.5-16Effect of release or discharge 32-25-8.5-17Powers of board 32-25-8.5-18Costs of each party

IC 32-25-8.5-1Application of chapter to exempt claims Sec. 1. This chapter does not apply to an exempt claim unless the parties agree that this chapter is applicable to the exempt claim.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-2"Board" Sec. 2. As used in this chapter, "board" refers to the board of directors of an association of co-owners of a condominium.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-3"Claim" Sec. 3. (a) As used in this chapter, "claim" refers to any of the following:

(1) A claim arising out of, or relating to, the interpretation, application, or enforcement of the condominium instruments.

(2) A claim relating to the rights or duties of the association of co-owners or the board under the condominium instruments.

(3) A claim relating to the maintenance of the condominium.

(4) Any other claim, grievance, or dispute among the parties involving the condominium.

(b) The term does not include an exempt claim.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-4"Claimant" Sec. 4. As used in this chapter, "claimant" refers to a party who has a claim against another party.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-5"Exempt claim" Sec. 5. As used in this chapter, "exempt claim" refers to any of the following claims or actions:

(1) A claim by the association of co-owners for assessments or dues and any action by the association to collect assessments or dues.

(2) An action by a party to obtain a temporary restraining order or equivalent emergency equitable relief:

(A) to maintain the status quo and preserve the party's ability to enforce the condominium instruments; or

(B) when an emergency condition exists that jeopardizes the health or safety of any of the residents within the condominium community.

(3) A suit to which an applicable statute of limitations would expire within the notice period. This subdivision does not apply if a party against which the claim is made agrees to toll the statute of limitations as to the claim for the period reasonably necessary to comply with this chapter.

(4) A dispute that is subject to mediation, arbitration, or other alternate dispute resolution under applicable law, contract, warranty agreement, or other instrument.

(5) A claim that is substantively identical to a claim:

(A) that was previously addressed by the parties; or

(B) which was resolved by a judicial determination in favor of one (1) of the parties.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-6"Legal proceedings" Sec. 6. As used in this chapter, "legal proceedings" refers to either of the following:

(1) An action maintained in a court.

(2) An administrative proceeding initiated under an applicable law.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-7"Party" Sec. 7. As used in this chapter, "party" refers to any of the following:

(1) The association of co-owners.

(2) A co-owner.

(3) The board.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-8"Respondent" Sec. 8. As used in this chapter, "respondent" refers to the party against whom a claimant has a claim.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-9RepealedAs added by P.L.141-2015, SEC.5. Repealed by P.L.164-2016, SEC.3.

IC 32-25-8.5-10Requirements for claimant to begin legal proceedings Sec. 10. A claimant may not begin legal proceedings seeking redress or resolution of a claim until the claimant has complied with the procedures described in this chapter.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-11Notice of claim; required information Sec. 11. A claimant shall provide notice of the claim to the respondent, stating plainly and concisely the following information:

(1) The nature of the claim, including the date, time, location, persons involved, and the respondent's role in the claim.

(2) The basis of the claim, including the provision of the condominium instruments or other authority out of which the claim arises.

(3) What the claimant wants the respondent to do or not to do to resolve the claim.

(4) That the respondent has a right to meet with the claimant, if the respondent makes a written request for a meeting.

(5) The name and address of the person from whom the respondent must request a meeting under subdivision (4).

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-12Negotiation meeting; access to subject property Sec. 12. (a) This section applies if a respondent has requested a meeting under section 11 of this chapter not later than ten (10) business days after the date of the notice of the claim given under section 11 of this chapter.

(b) The claimant and the respondent shall meet in person to resolve the claim by good faith negotiation, at the time and place agreed to by the claimant and the respondent.

(c) During the meeting, the parties must have full access to the property that is the subject of the claim to inspect the property, if appropriate or necessary. If the respondent agrees to take corrective action, the claimant must provide the respondent and the respondent's agents with full access to the property to take and complete corrective action.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-13Impasse; submission of claim to mediation or binding arbitration; costs of mediator or arbitrator Sec. 13. (a) The parties are considered to be at an impasse if:

(1) the respondent does not request a meeting under section 11 of this chapter;

(2) either party fails to attend a meeting agreed upon under section 12 of this chapter; or

(3) the parties are unable to settle the claim at a meeting held under section 12 of this chapter.

(b) Either party may, not later than ten (10) days after an impasse is reached, request in writing that the other party submit the claim to mediation or binding arbitration.

(c) The party making the request under subsection (b) is responsible for the costs of the mediator or arbitrator.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-14Impasse; beginning legal proceedings Sec. 14. If an impasse is reached and:

(1) neither party requests mediation or arbitration; or

(2) mediation or arbitration does not result in a settlement of the claim;

the claimant may begin legal proceedings.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-15Settlement of claim through negotiation, mediation, or arbitration; legal proceedings; recovery of costs Sec. 15. (a) This section applies if a claim is settled through negotiation, mediation, or arbitration.

(b) The settlement of the claim must be documented in a written agreement signed by each of the parties.

(c) If a party fails to abide by the settlement agreement signed under subsection (b), the other party may begin legal proceedings without again complying with this chapter.

(d) If a party who begins legal proceedings under subsection (c) prevails in those legal proceedings, the party is entitled to recover from the other party:

(1) court costs;

(2) attorney's fees; and

(3) all other reasonable costs incurred in enforcing the settlement agreement.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-16Effect of release or discharge Sec. 16. A release or discharge of a respondent from liability to the claimant with respect to the claim does not release or discharge the respondent with respect to any other person who is not a party to the claim.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-17Powers of board Sec. 17. The board, on behalf of the association of co-owners, and without the consent of the co-owners, may do any of the following:

(1) Negotiate settlements of claims or legal proceedings under this chapter.

(2) Execute settlement agreements, waivers, releases of claims, or any other document resulting from application of this chapter.

As added by P.L.141-2015, SEC.5.

IC 32-25-8.5-18Costs of each party Sec. 18. Except as otherwise provided in this chapter, each party shall bear its own costs for application of this chapter, including attorney's fees.

As added by P.L.141-2015, SEC.5.

IC 32-25-9Chapter 9. Actions and Proceedings

32-25-9-1Compliance with articles, bylaws, covenants, etc.; organization of co-owners 32-25-9-2Actions and proceedings