Sec. 1. The attorney general may bring an action against a board of a homeowners association or an individual member of a board of a homeowners association if the attorney general finds that any of the following apply:

(1) The association’s funds have been knowingly or intentionally misappropriated or diverted by a board member.

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Terms Used In Indiana Code 32-25.5-4-1

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Fraud: Intentional deception resulting in injury to another.
(2) A board member has knowingly or intentionally used the board member’s position on the board to commit fraud or a criminal act against the association or the association’s members.

(3) A proxy was exercised, or was allowed to be exercised, in violation of IC 32-25.5-3-10.

(4) A violation of IC 32-25.5-3-3 has occurred.

As added by P.L.141-2015, SEC.13. Amended by P.L.164-2016, SEC.7.