Indiana capped the HOA payoff letter at $50 — nine days after capping it at $250
Indiana capped the HOA payoff letter at $50 — nine days after capping it at $250
2026-09-10 · Indiana · Legislation
What happened. Every Indiana closing involving a home in an association needs the same document: a statement of what the seller owes the association. Associations and their managers have charged for it, sometimes heavily. Since 1 July 2026 the ceiling is $50.
Getting there took two bills and produced a genuine trap for anyone reading only one of them.
The nine days
House Enrolled Act 1152 (Public Law 53-2026) was signed on 3 March 2026. It amended IC 32-21-5-8.5 to provide that an association or its agent “may not charge… more than two hundred fifty dollars ($250)” for a statement of unpaid assessments on resale.
House Enrolled Act 1115 (Public Law 155-2026) was signed on 12 March 2026 — nine days later. It amended the same subsection, and its text is expressly drafted against the earlier act, carrying the notation that it amends the section “AS AMENDED” by HEA 1152. Its number is not $250:
“a homeowners association or agent of a homeowners association providing a statement of unpaid assessments or other charges of the homeowners association relating to the property may not charge a fee more than fifty dollars ($50) for the statement.”
Both acts took effect on the same day, 1 July 2026. The later-signed act controls. The $250 figure never governed anything — it was superseded before either provision was ever in force.
Why this matters beyond the arithmetic
Secondary summaries of Indiana's 2026 session written between 3 and 12 March report the cap as $250, and some written later still do, because they tracked HEA 1152 as the HOA bill and did not revisit it. An association still charging $250 on the authority of one of those summaries is charging five times the lawful maximum.
This provision also sits in IC 32-21-5, the seller-disclosure article — not in the HOA article. That placement matters, and we come to it below.
The companion rule that catches the workaround
An association reading a $50 ceiling on a “statement of unpaid assessments” might reasonably start itemising: a separate transfer fee, a document-retrieval charge, an account-research charge, a rush fee. HEA 1115 anticipated that. The same act added a new subsection to IC 32-25.5-3-3:
“Notwithstanding any other law, a homeowners association… may not charge a homeowner a fee associated with the production of a statement of account setting forth the amount of any unpaid assessments or other charges due and owing… An account statement must be maintained… and must be provided to a homeowner upon request.”
So there are two distinct instruments doing related work. The $50 ceiling governs the resale statement in the closing context. The account-statement rule makes an owner's own statement of what they owe free, on request, at any time — and requires the association to keep one maintained rather than assembling it on demand.
Both are in the group that binds every Indiana association regardless of when it was formed, because IC 32-25.5-3-3(o) falls inside the 3-3(e)-through-(o) range that HEA 1115 added to the always-applies list.
What a management company has to change
This is a revenue-line change, not a paperwork change, and it should be treated as one.
- Reprice the resale product to $50. Where a management agreement lets the manager retain the fee, the manager absorbs the reduction. Where the association retains it, the association's budget does. Either way, somebody's 2027 budget needs the line corrected now.
- Retire the unbundling. Separately-named charges — transfer fees, statement fees, account research, expedite charges — billed alongside a resale statement will be read against a statutory ceiling that speaks to the statement, and against the separate bar on charging for a service the assessment already covers.
- Make the free account statement a real product. The statute requires it to be maintained and produced on request. An owner asking what they owe gets an answer at no charge, and an association that cannot produce one promptly has a records problem as well as a compliance problem.
- Check the closing pipeline. Indiana title companies and closing agents order these routinely. If your order form still quotes a higher fee, it is generating an unlawful charge on every transaction, and the person who will notice is a real estate lawyer.
For sellers and buyers
If you sold an Indiana home in an association after 1 July 2026 and the closing statement shows more than $50 for the association's payoff or estoppel statement, that charge exceeded the cap. The first step is the association or manager and a copy of the statute; it is an arithmetic conversation, not a legal argument.
Watch for relabelling. A charge called a “transfer fee” or “document fee” that is in substance payment for producing the statement is the thing the cap exists to prevent, and the account-statement subsection closes the obvious alternative route.
A limit worth being honest about
The $50 cap lives in IC 32-21-5-8.5, in the seller-disclosure article, and reaches “a homeowners association or agent of a homeowners association.” It is not obviously drafted to reach a condominium association governed under Indiana's condominium law, which is a separate article. Indiana's 2026 activity was framed almost entirely around the HOA Act — no bill in either session used “condominium” in its short title. Which of the 2026 provisions reach a condominium board or its manager is a matter for advice rather than assumption.
What to watch
Whether any Indiana association tests the boundary between the capped statement fee and separately-named transaction charges. This is new law with no interpretive decisions behind it, and the line between a permitted charge for something else and a disguised charge for the statement has not been drawn by any court.
Related Indiana HOA Topics
- House Enrolled Act 1115 (2026), P.L. 155-2026 — enrolled act text amending IC 32-21-5-8.5 and IC 32-25.5-3-3 ↩
- House Enrolled Act 1152 (2026), P.L. 53-2026 — enrolled act text (the superseded $250 figure) ↩
- Office of the Governor, 2026 Bill Watch — HEA 1152 signed Mar. 3, 2026; HEA 1115 signed Mar. 12, 2026 ↩
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