Indiana Code 32-25-8.5-5. “Exempt claim”
(1) A claim by the association of co-owners for assessments or dues and any action by the association to collect assessments or dues.
Terms Used In Indiana Code 32-25-8.5-5
- claim: refers to any of the following:
Indiana Code 32-25-8.5-3
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- party: refers to any of the following:
Indiana Code 32-25-8.5-7
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(A) to maintain the status quo and preserve the party’s ability to enforce the condominium instruments; or
(B) when an emergency condition exists that jeopardizes the health or safety of any of the residents within the condominium community.
(3) A suit to which an applicable statute of limitations would expire within the notice period. This subdivision does not apply if a party against which the claim is made agrees to toll the statute of limitations as to the claim for the period reasonably necessary to comply with this chapter.
(4) A dispute that is subject to mediation, arbitration, or other alternate dispute resolution under applicable law, contract, warranty agreement, or other instrument.
(5) A claim that is substantively identical to a claim:
(A) that was previously addressed by the parties; or
(B) which was resolved by a judicial determination in favor of one (1) of the parties.
As added by P.L.141-2015, SEC.5.