HB 1071-1_ Filed 02/20/2009, 06:38 Cheatham
Adopted 2/20/2009

Text Box

    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______





    I move that House Bill 1071 be amended to read as follows:

SOURCE: Page 6, line 13; (09)MO107101.6. -->     Page 6, line 13, delete "only after the homeowners association has" and insert " .".
    Page 6, delete lines 14 through 15.
    Page 6, line 23, delete "8(a) or".
    Page 7, delete lines 25 through 42, begin a new paragraph and insert:
SOURCE: IC 32-28-14-8; (09)MO107101.2. -->     "SECTION 2. IC 32-28-14-8, AS ADDED BY P.L.135-2007, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 8. (a) A homeowners association may enforce a homeowners association lien by filing a complaint in the circuit or superior court of the county where the real estate that is the subject of the lien is located. The complaint:
         (1) may not be filed earlier than one (1) year; and
must be filed not later than one (1) year five (5) years;
after the date the statement and notice of intention to hold a lien was recorded under section 6 of this chapter.
    (b) If a lien is not enforced within the time set forth in subsection (a), the lien is void.
    (c) If a lien is foreclosed under this chapter, the court rendering judgment shall order a sale to be made of the real estate subject to the lien. The officers making the sale shall sell the real estate without any relief from valuation or appraisement laws.".
    Delete page 8.
    (Reference is to HB 1071 as printed February 18, 2009.)


Representative Cheatham

MO107101/DI 69     2009