Section 1: Overview — How board elections are governed in Indiana

Indiana governs condominium board elections one way and homeowners associations another, and neither approach spells out a full election code. The Indiana Condominium Act, codified at Ind. Code § 32-25 and folded into Title 32 by the 2002 property-law recodification, governs condominiums that record a declaration under the article.¹

The Indiana Homeowners Associations Act, at Ind. Code § 32-25.5, covers associations established after June 30, 2009 (and earlier associations that opt in). It sets requirements for budgets, meetings, records, member access, and dispute resolution — but it stops short of a detailed board-election framework, fixing no board size, term length, nomination procedure, balloting method, or quorum percentage.² Indiana has not adopted the Uniform Common Interest Ownership Act, so that model's declarant-control transition and deemed-ratification features do not apply.²

Indiana also has no Davis-Stirling-style election code, which means the procedural detail comes from recorded declarations, bylaws, and the Indiana Nonprofit Corporation Act of 1991 at Ind. Code § 23-17, the statute under which most associations organize.³ Indiana therefore lands among the states where board elections are largely contractual and corporate rather than the product of a prescriptive statute. The sections that follow lay out what each statute actually controls and what it leaves to the documents.

Section 2: The election framework

2A. The Indiana Condominium Act and condominium board elections

The Indiana Condominium Act at Ind. Code § 32-25 builds condominium governance around the declaration and bylaws, not a prescriptive election code. Section 32-25-8-1 provides that bylaws annexed to and recorded with the declaration govern the administration of every condominium property.¹ The central election provision, § 32-25-8-2, requires the bylaws to provide for the board of directors, and it spells out what they must cover: electing the board from among the co-owners, the number of directors, the expiration of the terms of at least one-third of the directors each year, the board's powers and duties, director compensation if any, and the method for removing directors.¹

So the Act fixes only two firm parameters. Directors must come from among the co-owners, and the bylaws must stagger terms so that at least one-third of the seats turn over annually — which effectively caps a director's term at roughly three years. Board size, term length within that limit, nomination methods, and balloting all fall to the bylaws.

The same section tells the bylaws to state how co-owner meetings are called and what percentage makes a quorum if it is something other than a majority of co-owners. Section 32-25-8-2.5 gives every co-owner the right to attend board meetings, including the annual meeting, and requires the association to make minutes available on request.⁴ This is a traditional condominium statute that hands election mechanics to the documents — unlike the Uniform Common Interest Ownership Act frameworks or California's Davis-Stirling machinery, which impose statutory ballot, inspector, and timeline requirements that Indiana simply does not.

1. Ind. Code § 32-25-8-2 (Condominium Act; bylaws contents — board election from co-owners, number of directors, expiration of at least one-third of terms annually, removal method, quorum) and § 32-25-8-1 (administration governed by recorded bylaws) ↩
2. Ind. Code § 32-25.5 (Homeowners Associations Act), including § 32-25.5-3-1 (roster), § 32-25.5-3-2 (special meetings on ten percent demand), § 32-25.5-3-3 (annual budget, member attendance, records inspection, search-fee cap), § 32-25.5-3-7 (voting-rights suspension limits), § 32-25.5-3-9 (mandatory amendment provision) ↩
3. Ind. Code § 23-17 (Indiana Nonprofit Corporation Act of 1991); § 23-17-12-3 (board of at least three directors) and § 23-17-12-4 (time and method of election) ↩
4. Ind. Code § 32-25-8-2.5 (co-owner right to attend board meetings, including annual meeting; minutes available on request) ↩
5. Ind. Code § 32-25.5-3-11 (meeting to appoint or elect board members; failure to achieve quorum; incumbent directors continue until successors selected and qualified) ↩
6. House Enrolled Act 1210, 124th Gen. Assemb., 2d Reg. Sess. (Ind. 2026) (P.L. 157-2026), SECTION 225 (amending Ind. Code § 32-25.5-3-11; homestead-only vote on rental restrictions; effective upon passage) ↩
7. Sandoval v. Willow Lake Estates Home Owners Ass'n, Inc., No. 24A-MF-309 (Ind. Ct. App. Mar. 12, 2025) (Court of Appeals of Indiana published opinion; Tavitas, J.; affirming LaPorte Superior Court) ↩
8. Ind. Code § 23-17-12-5 (director term may not exceed five years; one-year default if unspecified; successive terms permitted; holdover until successor qualifies) ↩
9. Ind. Code § 23-17-12-6 (staggered terms permitted by articles or bylaws) ↩
10. Ind. Code § 23-17-10-1 (annual membership meeting required; remote participation permitted; failure to hold does not invalidate corporate action) ↩
11. House Enrolled Act 1115-2026 (enrolled act; IC 32-25.5-3-3 four-day board-meeting notice and remote attendance; IC 32-25.5-3-9 two-thirds cap on governing-document amendments), effective July 1, 2026; Public Law 155-2026 ↩
12. Ind. Code § 23-17-11-7 (directors elected by plurality at a meeting with a quorum unless otherwise provided; cumulative voting only if articles or bylaws so provide) ↩
13. Ind. Code § 23-17-10-8 (action by written ballot without a meeting) and § 23-17-2-27 ("vote" includes written ballot) ↩
14. Ind. Code § 23-17-11-4 (ten percent of votes entitled to be cast constitutes a quorum unless articles or bylaws provide a higher or lower number) ↩
15. Ind. Code § 23-17-12-8 (members may remove a director with or without cause unless articles provide otherwise) ↩
16. Ind. Code § 23-17-12-13 (judicial removal by circuit or superior court for fraudulent or dishonest conduct or gross abuse, on petition by the corporation or at least ten percent of members) ↩
17. Ind. Code § 32-25.5-4-8 (Attorney General action against a board member; court may order removal for knowing misappropriation or fraud) ↩
18. Ind. Code § 23-17-12-14 (filling vacancies by members, by the board, or — if fewer than a quorum remain — by a majority of remaining directors) ↩
19. Ind. Code § 23-17-10-3 (court-ordered meeting if an annual meeting is not held within six months after fiscal year end or fifteen months after the last annual meeting) ↩
20. House Bill 1115 (2026), "Homeowners association governance" (official Indiana General Assembly bill page) ↩
21. House Bill 1401 (2025), "Homeowners association governance" (official Indiana General Assembly bill page; did not pass) ↩
22. House Bill 1152 (2026), "Homeowners association matters" (official Indiana General Assembly bill page; no-quorum budget-increase cap lowered to 105 percent for associations formed after July 1, 2026) ↩
23. 31 C.F.R. § 1010.380, Reports of beneficial ownership information (current text on eCFR) (ecfr.gov) (domestic-entity exemption for entities created by filing with a U.S. secretary of state or similar office). ↩
24. Financial Crimes Enforcement Network, Beneficial Ownership Information Reporting, questions and answers (domestic companies exempt; final rule effective Aug. 14, 2026) ↩
25. U.S. Dep't of the Treasury, Press Release SB0603 (FinCEN to delete previously submitted BOI of U.S. persons) ↩