Start with the basics. After the next page, you can submit right away or
add more detail if you have documents and roster information ready.
Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (Indiana HOA Act)
Planned communities in Indiana are generally governed by the Indiana Homeowners Associations Act (Ind. Code § 32-25.5), together with the Indiana Nonprofit Corporation Act for associations organized as nonprofits. The Act generally requires the governing documents to contain a method for amending them, and your recorded declaration or covenants and bylaws typically set the specific approval percentage and procedure. State law generally caps the required owner consent so that an amendment may not be conditioned on more than 75% approval, although your documents may set a lower figure (Ind. Code § 32-25.5-3-9).
Condominiums (Indiana Condominium Act)
Indiana condominiums are generally governed by the Indiana Condominium Act (Ind. Code § 32-25), historically known as the Horizontal Property Law. The declaration generally must specify how it can be amended, and an amendment to the declaration or bylaws is typically valid only once it is recorded (Ind. Code § 32-25-7; § 32-25-8). As with the HOA Act, the condominium statute generally provides that the declaration may not require more than 75% co-owner consent to amend, with limited higher-vote exceptions (Ind. Code § 32-25-7-7).
How the vote can run
Indiana does not have a specific electronic-voting statute for community associations, so online voting is generally available where the governing documents permit it. Because most Indiana associations are nonprofit corporations, the Nonprofit Corporation Act generally allows action without a meeting by written ballot delivered to every voting member, with the solicitation stating the responses needed for quorum, the approval percentage, and the return deadline (Ind. Code § 23-17-10-8). Proxies generally must be in writing and signed, and ballot secrecy is typically handled through the governing documents and good process rather than a specific state mandate.
Before we quote
Indiana details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Indiana vote has to answer.
The recorded declaration, covenants, and bylaws generally control the exact amendment threshold and procedure, so we read those first.
Indiana generally caps the required owner consent to amend at no more than 75% (Ind. Code § 32-25.5-3-9; § 32-25-7-7) — your documents may set a lower number.
Governing documents may require up to 95% owner approval to convey common areas or dissolve the plan of governance (Ind. Code § 32-25.5-3-9; § 32-25-7-7).
Condominium definitions generally treat a 'majority of co-owners' as at least 51% of the votes assigned in the declaration (Ind. Code § 32-25-2).
Amendments generally must be recorded with the county recorder to take effect, and there is generally no separate state-agency approval step (Ind. Code § 32-25-7; § 32-25-8; § 32-21-2).
Governing documents may require first-mortgagee consent, generally capped at no more than 75% of first mortgage holders, and a mortgagee that gave an address is generally deemed to consent if it does not object within 30 days (Ind. Code § 32-25.5-3-9; § 32-25-7-7).
A declarant may retain consent rights for roughly the first seven years after the original documents were recorded (Ind. Code § 32-25.5-3-9; § 32-25-7-7).
Written-ballot solicitations generally must state the responses needed for quorum, the approval percentage required, and the deadline to return ballots (Ind. Code § 23-17-10-8).
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Your contact info
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