Indiana HOA Fines Calculator — IC 32-25.5-3-7 (Indiana Condominium Act) & IC 32-21-13-5 (Planned Community Act)

No. Indiana imposes NO statutory per-day or aggregate dollar cap on HOA or condominium fines under IC 32-25.5-3-7 (Indiana Condominium Act) or IC 32-21-13-5 (Planned Community Act). This distinguishes Indiana from North Carolina (N.C.G.S. Sec. 47F-3-107.1: $100/day, $2,000 aggregate), Florida (Fla. Stat. Sec. 720.305: $100/day, $1,000 aggregate), and Virginia (Va. Code Sec. 55.1-1820: $50/day, $250 aggregate). In Indiana, the operative limits come from the governing documents — typically the declaration, bylaws, and rules adopted by the board. An association without any fine schedule in its governing documents may still impose fines but must ensure amounts are reasonable and authorized.

IC 32-25.5-3-7 (Indiana Condominium Act) and IC 32-21-13-5 (Planned Community Act) require written notice identifying the violation and the amount of the fine before the fine is imposed. The notice must be provided to the unit or lot owner before the fine is assessed. Indiana law does not set a specific minimum advance notice period (unlike North Carolina's 10-day requirement or WUCIOA's 20-day cure notice); the governing documents may impose a specific timeline. Best practice is to provide at least 10-14 days advance written notice.

IC 32-25.5-3-7 and IC 32-21-13-5 require that the owner be given an opportunity for a hearing before the board before the fine is imposed. The association must OFFER the hearing opportunity; the owner need not take it. If the owner requests a hearing, the board must schedule and hold it before imposing the fine. Fines imposed without offering a hearing opportunity are procedurally defective and may be unenforceable. Unlike Florida (which requires a separate fining committee), Indiana allows the board itself to conduct the hearing.

Under Indiana law, unpaid fines that constitute a delinquent assessment may be included in a judicial foreclosure action under IC 32-29 (Indiana Mortgage Foreclosure). The lien arises from the declaration's lien-grant clause, not from a separate statutory lien-priority rule. Indiana has no super-priority assessment lien (unlike WUCIOA's RCW 64.90.485 or Nevada's NRS 116 super-priority). The practical implication: an association seeking to collect a fine must either sue in small claims court for the fine amount, or include past-due fines as part of a larger assessment-delinquency collection action that may proceed to judicial foreclosure.

Indiana's lack of a statutory fine cap places it alongside Washington (no cap under RCW 64.90.525) and Texas (no statutory cap under Tex. Prop. Code Sec. 202.004) — states where the governing documents define the limits. In contrast, North Carolina ($2,000 aggregate cap), Florida ($1,000 aggregate), and Virginia ($250 aggregate) have specific statutory ceilings. Indiana associations therefore have more flexibility to set higher fine rates in their bylaws — but this also means the board has a greater fiduciary responsibility to set reasonable fine amounts that can withstand legal challenge.