Indiana still does not license HOA managers
Indiana still does not license HOA managers
2026-09-10 · Indiana · Legislation · Did not pass
What happened — and did not. House Bill 1055, filed by Representative Julie Olthoff for the 2025 session, would have made a broker licence a condition of managing property on behalf of an Indiana homeowners association. It was referred to the Committee on Employment, Labor and Pensions on 8 January 2025 and never heard.1
It is not law. Indiana continues to have no licensure requirement specific to community association management.
What the bill proposed
It would have amended IC 25-34.1 — Indiana's real estate broker licensing article — to bring HOA property management inside the licensing regime. It included a transitional provision exempting managing brokers from the usual two-year licensing prerequisite until 30 June 2028, on specified conditions, which is the kind of runway a drafter includes when they expect a compliance scramble.
The correction we should make while we are here
This bill is frequently referred to in trade commentary as “HB 105.” The bill number is HB 1055. We flag it because a wrong bill number makes a claim unverifiable, and readers checking this against the legislature's records with the wrong number will find nothing and reasonably conclude the story is invented.
Where that leaves the profession
An Indiana community association manager today needs no state licence to do the job. The relevant regulatory bodies exist — the Indiana Professional Licensing Agency and the Indiana Real Estate Commission — but neither administers a community-association-manager credential, because none exists in Indiana law.
The Real Estate Commission did finalise a rule in this window, effective 7 May 2025, adding a schedule of fines it may assess against its licensees. That rule reaches brokers and salespersons. It would touch a licensed broker who happens to manage an association; it does not create any obligation for an unlicensed manager, because there is nothing for it to attach to.
What actually governs an Indiana manager, absent licensure
Three things, and all three are contractual or general-law, not regulatory.
The management agreement. This is the primary instrument. In an unlicensed environment the contract is doing all the work that a licensing statute would otherwise do: defining scope, standard of care, handling of funds, records ownership, insurance, and termination. A thin management agreement in Indiana leaves an association with very little.
Agency law and fiduciary duty. A manager acting as the association's agent owes the ordinary duties of an agent. That is a real constraint but it is enforced by a lawsuit, after the fact.
Consumer-protection enforcement. The Attorney General's Homeowner Protection Unit can pursue deceptive practices, and it accepts HOA-related complaints. This is the closest thing to a regulator in the picture, and it is an enforcement body of general jurisdiction, not a supervisor of the profession.
The clauses that carry the weight
Since the contract is the regulation, an Indiana board negotiating or renewing a management agreement should treat these as non-negotiable:
- Funds held in the association's name. Association operating and reserve accounts titled to the association, at a named institution, with the board holding independent view access. Commingling is the failure mode that destroys associations, and no Indiana statute prevents it for you.
- Records are the association's property. Explicitly, including electronic records, the accounting file, owner contact data and vendor contracts — with a defined handover period and format on termination. Records disputes at the end of a management relationship are the most common and most damaging fight in this area.
- Fidelity bond or crime coverage naming the association, in an amount tied to funds under control, with evidence delivered annually.
- Disclosure of affiliated vendors and any compensation received from them, including insurance commissions and maintenance affiliates.
- A termination right that is real — a defined notice period without a penalty large enough to trap the association.
- Named compliance responsibility for the 2026 statutory duties. Since 1 July 2026 associations within IC 32-25.5's reach face express requirements on meeting notice, fee restrictions and fine procedure. The agreement should say, in terms, who is responsible for meeting each of them. In an unlicensed market, the manager who fails to give a statutory notice faces no regulator — only whatever the contract provides.
Verifying a manager without a licence to check
Boards accustomed to states with mandatory certification look for a licence number and find nothing. Reasonable substitutes:
- Voluntary professional credentials. Trade-body designations are not licences and carry no state authority, but they evidence training and a complaints process.
- The company's entity standing with the Indiana Secretary of State — active, and filing its reports.
- Insurance certificates obtained from the carrier or broker, not from the manager.
- References from associations of comparable size, and at least one from a client that terminated the relationship. That call is the informative one.
- Indiana court records for the management company's litigation history.
What to watch
No successor to HB 1055 has been filed. The 2026 session produced none, and the Legislative Council assigned no property-management topic to any 2026 interim study committee. Pre-filing for 2027 opens around mid-November 2026.
Two things would make the subject live again: a significant Indiana misappropriation case, which is historically what moves licensure bills; or the accumulation of compliance duties from the 2026 amendments reaching a point where the legislature concludes someone ought to be accountable for meeting them.
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