The plan to put Indiana HOAs under the Attorney General died unheard
The plan to put Indiana HOAs under the Attorney General died unheard
2026-09-10 · Indiana · Legislation · Did not pass
What happened — and did not. Senate Bill 445 of 2025 was the most administratively ambitious HOA bill Indiana has seen recently. It would have built a light state oversight apparatus around homeowners associations, with the Attorney General at the centre of it. It got a first reading on 13 January 2025, was referred to the Committee on Local Government, and was never heard.1
None of this is law. The bill was authored by Senator J.D. Ford.
The five things it would have required
Amending IC 32-25.5, the bill would have:
- Authorised electronic voting where an association's governing documents permitted it.
- Required associations to send certain notices to members.
- Required an association to send a notice to the Attorney General — the provision that would have created, for the first time, a state-held roster of Indiana HOAs.
- Required every association to create and maintain a website carrying specified information.
- Required the Attorney General to establish a mandatory training course for board members, which a director would have had to complete within a year of joining a board.
Why this one is worth remembering
Indiana today has no state registry of homeowners associations, no state licensure of community managers, no state agency that supervises association governance, and no mandatory director education. An owner with a governance complaint has the association's own dispute process and the courts.
SB 445 would have changed the first, third and fifth of those. The training-course provision in particular would have been a genuine structural shift — it is the sort of requirement that, once in place, tends to accumulate further obligations around it.
It died the way most Indiana bills die: referred in January, never scheduled, dead at adjournment.
The part that has not come back
This is the useful distinction for anyone tracking Indiana policy, and it separates SB 445 from the other 2025 failures.
Several bills that died unheard in 2025 returned in 2026 and became law. The four-day meeting notice, remote attendance counting toward a quorum, and express fine-schedule authority all died with HB 1401 in 2025 and were enacted in 2026. The fuel-source neutrality rule died in conference with HB 1389 in 2025 and was enacted in 2026.
SB 445's distinctive provisions did not return. We could find no 2026 bill carrying the Attorney General notice requirement, the mandatory HOA website, or the state-built director training course. On the record as it stands, those ideas have no successor vehicle.
That contrast is informative about what the 2026 Indiana General Assembly was willing to do. It regulated association conduct extensively — fees, notices, fines, budgets, amendment thresholds. It did not build any machinery to supervise that conduct. The 2026 reforms are enforced the way Indiana association law has always been enforced: by an owner who is willing to go to court.
What the Attorney General can and cannot do today
Because the training and notice provisions failed, it is worth being precise about the office's actual role, which owners routinely overestimate.
The Attorney General's Homeowner Protection Unit does accept HOA complaints. Its own licensing page states that the unit “also accepts complaints related to Homeowners Associations.”2 The office has also issued substantive guidance to associations, most notably a 2024 letter on political signage.
But the office is equally direct about the limits, cautioning that “The Attorney General cannot act as your private attorney,” and noting that investigations “can require up to twelve months.” What the unit can do is make licensing or law-enforcement referrals and bring civil consumer-protection actions. What it cannot do is adjudicate a governance dispute, order a board to hold an election, or compel production of records.
For an owner, the practical consequence is that a complaint to the Attorney General is a supplement to a remedy, not a remedy. The remedies that actually move an Indiana association are the ones in the Nonprofit Corporation Act — notably the right to petition a court to compel a meeting the board has failed to hold — and the dispute procedures in the governing documents.
Director education, absent a mandate
Indiana still has no statutory director-education requirement, and there is no pending proposal that would create one. Boards that want their directors competent are on their own, which in practice means:
- An onboarding packet containing the recorded declaration, bylaws, current rules, the most recent audit or financial review, the insurance declarations page, and the minutes of the last twelve months.
- A written statement of the fiduciary standard Indiana applies to nonprofit directors, at IC 23-17-13-1.
- A calendar of the new statutory deadlines that took effect on 1 July 2026 — particularly the four-day meeting-notice-with-agenda requirement, which is the one a well-meaning board will breach first and most often.
- Trade-association or counsel-led training, which exists in Indiana on a voluntary basis.
What to watch
Two concrete, verifiable things rather than speculation. First, the Legislative Council's 2026 interim resolution assigned no homeowners-association topic to any study committee — so no interim process is currently developing an oversight proposal. Second, pre-filing for the 2027 long session opens around Organization Day in mid-November 2026; nothing has been filed because the session does not yet exist in the legislature's system.
Related Indiana HOA Topics
Stay on top of Indiana HOA law
Every week: new Indiana legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.
No spam. Unsubscribe anytime.