Sec. 11. A contract between the executive and the homeowners association of a subdivision under this chapter must include provisions that do the following:

(1) Authorize the unit to repair subdivision drains located in the subdivision either:

Terms Used In Indiana Code 36-9-27.8-11

  • Contract: A legal written agreement that becomes binding when signed.
  • executive: means :

    Indiana Code 36-9-27.8-1

  • homeowners association: has the meaning set forth in Indiana Code 36-9-27.8-4
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • subdivision: has the meaning set forth in Indiana Code 36-9-27.8-5
  • unit: means :

    Indiana Code 36-9-27.8-7

(A) through the work of employees of the unit; or

(B) by contracting for the repair work to be performed by a third party.

(2) Authorize the unit to impose assessments on owners of property in the subdivision to:

(A) recover the cost of repairing subdivision drains in the subdivision; and

(B) accumulate funds to defray the cost of future projects to repair subdivision drains in the subdivision.

(3) Authorize:

(A) employees of:

(i) the unit; or

(ii) a contractor of the unit; and

(B) the county surveyor or the county surveyor’s employees;

to enter upon property that is located in the subdivision and is owned by a member of the homeowners association of the subdivision for the purpose of repairing subdivision drains located on the property.

(4) Authorize the unit to determine the order in which subdivision drains will be repaired by the unit.

As added by P.L.139-2018, SEC.2.

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