36-9-27.8-10. Authority to enter into contract; requirements

IN Code § 36-9-27.8-10 (2019) (N/A)

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Sec. 10. (a) The executive may enter into a contract under this chapter with the homeowners association of a subdivision if the following requirements are satisfied:

(1) The contract must be executed not later than June 30, 2021.

(2) Each member of the homeowners association must be provided with a copy of the proposed contract through one (1) of the following:

(A) Physical delivery of a printed copy.

(B) Delivery by electronic mail of an electronic copy.

(C) Notification by electronic mail or other means that an electronic copy can be viewed on or downloaded from the Internet web site of the homeowners association.

(3) The proposed contract:

(A) must be approved by a majority of the members of the homeowners association in attendance at a meeting called and conducted in accordance with the requirements of the homeowners association's governing documents; or

(B) must be approved by a majority of the members of the homeowners association through alternative means, such as voting by electronic mail, that are allowed under the homeowners association's governing documents.

(b) For purposes of subsection (a)(3)(A), a member of a homeowners association is considered to be in attendance at a meeting if the member attends:

(1) in person;

(2) by proxy; or

(3) by any other means allowed under:

(A) state law; or

(B) the governing documents of the homeowners association.

As added by P.L.139-2018, SEC.2.

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36-9-27.8-9. Application regardless of whether homeowners association law applies to subdivision

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36-9-27.8-11. Mandatory contract provisions