Quick Answer
Indiana has a Homeowners Association Act (IC 32-25.5), but it is not an election code. It fixes a few hard rules: what a proxy must contain or it is void, how much notice a board meeting needs, and what happens when an election meeting misses quorum. The rest comes from your declaration and bylaws and, for an incorporated association, the Indiana Nonprofit Corporation Act of 1991 (IC 23-17). Condominiums have their own article, IC 32-25.
| Question | Default rule | Where it is |
|---|---|---|
| Notice of a members' meeting | Fair and reasonable. Unless the bylaws say otherwise, at least 10 days qualifies (30 to 60 days if mailed by other than first class or registered mail) | IC 23-17-10-5(c) |
| Notice of an HOA board meeting | At least 4 days' written notice to members, with an agenda | IC 32-25.5-3-3(g) |
| Quorum at a members' meeting | What the governing documents say. If silent: 10 percent of the votes (nonprofit corporation) or a majority of co-owners (condominium) | IC 23-17-11-4(a); IC 32-25-8-2(2) |
| HOA proxies | Void unless they contain six items, including an affirmation under the penalties for perjury | IC 32-25.5-3-10(b) |
| Voting without a meeting | A written ballot delivered to every member entitled to vote, unless the articles or bylaws prohibit or limit it | IC 23-17-10-8 |
| Election meeting short of quorum | The sitting directors may continue to serve until their successors are selected and qualified | IC 32-25.5-3-11(a) |
| Removing a director the members elected | With or without cause, at a meeting called for that purpose, by enough votes to have elected the director | IC 23-17-12-8 |
| Borrowing above the statutory limit | In an HOA covered by the act, a majority of members voting, on paper ballots sent at least 30 days before the count | IC 32-25.5-3-5 |
This is our reading of the 2026 Indiana Code, offered to support your own review, and it is not legal advice. Your declaration, articles of incorporation and bylaws override many of these defaults. Confirm with your association's attorney before you rely on any one of them.
Three Laws, and Which One Answers Your Question
The Homeowners Association Act (IC 32-25.5) covers an association established after June 30, 2009 that can impose mandatory dues, and an older one only if a majority of its members, or the number its documents require, elect into it (IC 32-25.5-1-1(a)). A shorter list of sections binds every homeowners association, opted in or not, and it carries most of the election rules, including board meeting notice, proxies and election meetings that miss quorum (IC 32-25.5-1-1(b)). The members' demand for a special meeting, budget approval, the contract and borrowing votes and the limit on suspending voting rights reach only the first group.
The Indiana Nonprofit Corporation Act of 1991 (IC 23-17) supplies the meeting, notice, quorum, ballot, proxy and director rules for an incorporated association whose documents are silent.
The condominium article (IC 32-25) applies to property submitted to it by a recorded declaration (IC 32-25-1-1) and leaves most numbers to the bylaws. The association may be a nonprofit corporation under IC 23-17 or unincorporated (IC 32-25-9-1(c)).
Read the declaration and bylaws first, then the HOA act sections that override them, then IC 23-17. One caution: the HOA act defines a homeowners association as an entity organized and operated for the benefit of two or more persons who each own a dwelling in fee simple (IC 32-25.5-2-4) and never mentions condominiums, so a condominium should ask counsel whether any of it applies.
Notice: Members' Meetings and Board Meetings Run on Different Clocks
Members' meetings. An incorporated association gives notice of members' meetings in a fair and reasonable manner (IC 23-17-10-5(a)). Unless the bylaws specify otherwise, notice qualifies when members are told the place, date and time at least 10 days ahead (30 to 60 days ahead if it is mailed by other than first class or registered mail), an annual or regular meeting notice describes any listed matter members must approve, such as an amendment to the articles (IC 23-17-17-5), a special meeting notice describes its purpose, and the notice goes in person, by mail or other method of delivery, or by other electronic means capable of verification (IC 23-17-10-5(c)). In a homeowners association, the notice of the board's annual meeting must also tell members they can demand a special meeting and how many members it takes (IC 32-25.5-3-2(c)).
Board meetings. Members of a homeowners association may attend any board meeting, including the annual meeting. The board gives at least four days' advance written notice of each one, with an agenda, by hand delivery, United States mail, or email or other electronic means. It may meet in private to discuss delinquent assessments, or with counsel about litigation (IC 32-25.5-3-3(g)). Condominium co-owners may also attend board meetings (IC 32-25-8-2.5(a)), but the condominium article sets no notice period.
Special meetings. In a covered association, 10 percent of the members can demand one in a signed writing that states its purpose, and if the board sends no notice within 30 days, a member who signed may set the meeting and send the notice (IC 32-25.5-3-2(a), (b)). The Nonprofit Corporation Act gives a similar right to holders of at least 10 percent of the votes entitled to be cast on the issue (IC 23-17-10-2(a)(2)).
Contracts. A contract that would raise an affected member's assessment by more than $500 a year needs at least two meetings, at least seven calendar days' notice of the first, and approval by two-thirds of the affected members (IC 32-25.5-3-4).
Quorum, and What Happens When You Miss It
The HOA act does not set a quorum. It uses the quorum "as defined in the governing documents" (IC 32-25.5-3-11(a)). If those are silent, an incorporated association's quorum is 10 percent of the votes entitled to be cast on a matter (IC 23-17-11-4(a)), and a vote represented for any purpose counts toward quorum for the rest of the meeting (IC 23-17-11-4(e)). A condominium's default is a majority of co-owners (IC 32-25-8-2(2)), meaning co-owners with at least 51 percent of the votes under the declaration's percentages (IC 32-25-2-16). One more threshold: unless one-third of the voting power is present in person or by proxy, an annual or regular meeting may vote only on matters described in its notice (IC 23-17-11-4(d)).
An election meeting that misses quorum. The sitting directors may continue to serve until their successors are selected and qualified, however long they have served (IC 32-25.5-3-11(a)), and members' obligations do not change (IC 32-25.5-3-11(b)). That keeps the association governed. It does not elect anyone.
A budget meeting that misses quorum. The board may adopt a budget of no more than 100 percent of the last approved one (IC 32-25.5-3-3(f)). Since the 2026 amendments it may go higher only where the documents expressly allow it: up to 110 percent in the first five years after the developer's first sale, then the lesser of 105 percent or the Midwest housing Consumer Price Index increase (IC 32-25.5-3-3.2, IC 32-25.5-3-3.3). An association established before July 1, 2026 whose documents already allowed 110 percent keeps that until it amends or renews them (IC 32-25.5-3-3.1).
Compare other states in HOA quorum requirements by state, or run your roster through the quorum calculator.
Proxies: Six Items, or the Proxy Is Void
This rule binds every homeowners association (IC 32-25.5-1-1(b)). A proxy that does not include all six of these is void (IC 32-25.5-3-10(b)):
- 1The name and address of the member giving it.
- 2The name of the individual empowered to exercise it.
- 3The date it is given.
- 4The date of the meeting it is given for.
- 5The member's signature, by hand or as an electronic signature.
- 6An affirmation under the penalties for perjury that the signer has authority to grant it.
A member may limit a proxy to specific matters, and it can cover a continuation of the meeting if it states an expiration date no more than 180 days after it is given (IC 32-25.5-3-10(c), (d)). Members may submit a proxy by hand, United States mail, fax, or email or other electronic means, and every proxy exercised at a meeting must be kept with that meeting's records (IC 32-25.5-3-10(f), (g)).
The attorney general may sue a board member when a proxy was exercised, or allowed to be exercised, in violation of the section (IC 32-25.5-4-1), and the court may order removal and a civil penalty of up to $500 for each such action (IC 32-25.5-4-2).
For an incorporated condominium association, the Nonprofit Corporation Act is the default: proxies are allowed unless the articles or bylaws prohibit or limit them, last 11 months unless the form provides a shorter or longer period, and are revocable (IC 23-17-11-6). The state-by-state picture is in HOA proxy voting rules by state.
Voting by Mail, Online or From a Distance
Ballots without a meeting. Unless the articles or bylaws prohibit or limit it, an incorporated association can take any action a members' meeting could take by delivering a written ballot to every member entitled to vote on it (IC 23-17-10-8(a)). The ballot sets out each proposed action with a chance to vote for or against. It counts only if the ballots cast at least equal the quorum a meeting would need and the approvals at least equal what a meeting with the same number of votes cast would need. The solicitation must state the number of responses needed for quorum, the percentage of approvals needed for each matter other than electing directors, and the deadline for receipt. A ballot cannot be revoked unless the articles or bylaws say otherwise (IC 23-17-10-8(b) to (e)).
The section says "written ballot," and IC 23-17 does not say whether that ballot may go out and come back online; the only place the article uses the word "electronic" is the notice rule (IC 23-17-10-5(c)). If your bylaws provide for electronic ballots, you have firmer footing. If not, ask counsel before an online ballot replaces paper under this section.
Attending from a distance. If the bylaws provide for it or the board authorizes it, members who are not physically present may take part in an annual or regular meeting by remote communication and be counted as present in person and vote (IC 23-17-10-1(e)). The association must take reasonable measures to verify the identity of each member counted as present and permitted to vote, give every member a chance to participate and vote, and keep minutes that record the votes cast (IC 23-17-10-1(f)). Special meetings follow the same rules (IC 23-17-10-2(f), (g)), and the HOA act counts a member who attends this way as in attendance at the budget meeting (IC 32-25.5-3-3(e)).
One vote that must be on paper. A covered association may not borrow more in a calendar year than the greater of $5,000 or 10 percent of the previous year's budget unless a majority of the members voting approve. The vote must be by paper ballot, the ballots go out at least 30 days before they are opened and counted, and the count happens at a public meeting (IC 32-25.5-3-5). The condominium article does not mention ballots at all.
This one gets heated
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Electing, Removing and Replacing Directors
Elections. Directors are elected at each annual meeting unless the articles or bylaws provide another time or method (IC 23-17-12-4(a)), by plurality unless they say otherwise (IC 23-17-11-7(a)). Cumulative voting exists only if the articles or bylaws provide for it, and then only if the notice states it conspicuously or a member gives notice at least 48 hours before the meeting (IC 23-17-11-7(b), (d)). An incorporated association needs at least three directors (IC 23-17-12-3(a)), and a director keeps serving after the term ends until a successor is elected and qualifies (IC 23-17-12-5(d)). In a condominium, the bylaws must provide for electing the board from among the co-owners, for at least one-third of the terms to expire each year, and for the method of removal (IC 32-25-8-2(1)).
Removal. Members may remove a director they elected, with or without cause, unless the articles provide otherwise (IC 23-17-12-8(a)). It happens only at a meeting called for that purpose, whose notice says so, and the votes cast to remove must be enough to have elected the director (IC 23-17-12-8(c), (e)). The entire board can be removed this way (IC 23-17-12-8(g)). A director the board chose to fill a member-elected seat can be removed by the members but not by the board (IC 23-17-12-9).
Vacancies. Unless the articles or bylaws provide otherwise, the members or the board may fill a vacancy, and if fewer than a quorum of directors remain, a majority of those remaining may fill it (IC 23-17-12-14(a)). A director who fills a seat the members elected serves only until the members next elect directors, unless the documents provide otherwise (IC 23-17-12-5(c)). See how to fill a board vacancy and the recall process by state.
Who Can Vote
- Each member has one vote on each matter unless the articles or bylaws provide otherwise. If a membership stands in two or more names and one person votes, that vote binds all (IC 23-17-11-3).
- A covered association may suspend voting rights for unpaid assessments only if the governing documents provide for it and the assessments are more than six months delinquent (IC 32-25.5-3-7).
- New in 2026: only members who use their property as a homestead are eligible to vote on a prohibition or restriction on using property as a rental, and a developer is exempt while it still owns lots (IC 32-25.5-3-11(d), (e)). Build that into the voter list before a rental amendment goes out.
- In a condominium, votes follow the percentages the declaration assigns to each unit (IC 32-25-7-1(a)(5)).
How an Indiana Election Runs, From Notice to Result
- 1Read the documents for the quorum, the notice period, any limit on proxies or ballots, and how directors are elected.
- 2Fix the record date and the list. The record date cannot be more than 70 days before the meeting (IC 23-17-10-7). Members may inspect the list of members entitled to notice from five business days before the meeting (IC 23-17-11-1).
- 3Send the notice, with the special meeting statement for an HOA's annual meeting, the removal purpose if removal is on the agenda, and a conspicuous statement if cumulative voting is authorized.
- 4Collect proxies and ballots. Check every HOA proxy against the six items.
- 5Confirm quorum at the meeting or when the ballot closes.
- 6Count. Directors by plurality. Other matters pass when the votes for exceed the votes against, unless the documents require more (IC 23-17-11-5(a)). The association may reject a vote or proxy when the person authorized to tabulate votes, acting in good faith, has a reasonable basis to doubt the signature or the signer's authority (IC 23-17-11-9(c)).
- 7Keep the record. Minutes of members' meetings are permanent records, and unless the documents say otherwise, ballots are kept until the next annual meeting or one year after they were received, whichever comes first (IC 23-17-27-1(a), (f)).
The counting itself is walked through in how to count HOA ballots.
If the Result Is Disputed
Before a party sues over a claim involving the governing documents or the association, the act requires a notice of claim, and the other side has 10 business days to ask for a meeting. After an impasse, either party may ask within 10 days for mediation or binding arbitration (IC 32-25.5-5-9 to IC 32-25.5-5-12). Condominiums have a parallel chapter (IC 32-25-8.5). See what to do when an election is disputed.
Running an Indiana Vote on vote.direct
On vote.direct each owner receives a private ballot link by email or text with a code per voter, owners without an email address can be sent a mailed packet returned in a prepaid envelope, and the organizer sees turnout against the quorum while voting is open. For the borrowing vote, which the act requires on paper: The platform lets your team print its own numbered paper ballots and scan them in as they come back. Your team runs that process.
A 150-lot association pays $19.99 per election, elections of up to 25 voters are free, and a free test election with up to 5 test voters lets the board try the ballot first. The citations are collected on Indiana HOA voting rules.
FAQ
Q: Does Indiana law allow online voting for an HOA?
At a meeting members attend remotely, yes, if the bylaws or the board authorize it and the association verifies each voter, gives members a chance to participate and vote, and records the votes (IC 23-17-10-1(e), (f)). The written ballot section (IC 23-17-10-8) does not say whether the ballot may be electronic, so check your bylaws and ask counsel. A vote to borrow above the act's limit must be on paper (IC 32-25.5-3-5).
Q: What is the quorum for an Indiana HOA meeting?
Whatever your governing documents say. If an incorporated association's documents are silent, 10 percent of the votes entitled to be cast (IC 23-17-11-4(a)); a condominium's default is a majority of co-owners (IC 32-25-8-2(2)).
Q: What makes an Indiana HOA proxy invalid?
Missing any of six items: the member's name and address, the proxy holder's name, the date given, the meeting date, the member's signature, and an affirmation of authority under the penalties for perjury (IC 32-25.5-3-10(b)).
Q: How much notice does an Indiana HOA board have to give for a board meeting?
At least four days' written notice to members, with an agenda (IC 32-25.5-3-3(g)). Members' meetings of an incorporated association follow IC 23-17-10-5.
Q: What happens if an Indiana HOA election does not reach quorum?
The current directors may continue to serve until their successors are selected and qualified, regardless of their terms (IC 32-25.5-3-11(a)).
Q: Who can vote on a rental restriction in an Indiana HOA?
Only members who use their property as a homestead, under a 2026 amendment. A developer that still owns lots is exempt (IC 32-25.5-3-11(d), (e)).
The Bottom Line
Indiana's HOA act is short on procedure and firm where it speaks: a proxy missing one of six items is void, board meetings need four days' notice and an agenda, and an election meeting without quorum leaves the old board in place rather than producing a result. Check the 2026 changes to the no-quorum budget and to who votes on rental restrictions. The rest comes from the Nonprofit Corporation Act and your own documents.
Sources: Indiana Code, Homeowners Association Act: IC 32-25.5-1-1, 32-25.5-2-4, 32-25.5-3-1 to 32-25.5-3-11, 32-25.5-4-1, 32-25.5-4-2, 32-25.5-5-9 to 32-25.5-5-12; condominiums: IC 32-25-1-1, 32-25-2-16, 32-25-7-1, 32-25-8-2, 32-25-8-2.5, 32-25-8.5, 32-25-9-1; Indiana Nonprofit Corporation Act of 1991: IC 23-17-10-1, 23-17-10-2, 23-17-10-5, 23-17-10-7, 23-17-10-8, 23-17-11-1 to 23-17-11-9, 23-17-12-3 to 23-17-12-14, 23-17-17-5, 23-17-27-1. Read in the Indiana General Assembly's official 2026 Indiana Code on November 12, 2026.
Every rule on one page: Indiana HOA voting rules, with quorum, notice, proxy and electronic voting at a glance.
This article is general information, not legal advice. We recommend you do your own research and confirm anything you plan to act on. Where this article states law, the section is cited so you can read the primary source yourself rather than take our word for it. That is what the citations are for. Election requirements also turn on your own governing documents, which we have not seen, and statutes are amended. For advice about your community, consult a qualified attorney licensed in your state.
We work hard to verify every citation against the primary source, but laws change and errors happen. If you spot an inaccuracy, email support@vote.direct and we will correct it. See our editorial standards for how these pages are researched and checked.
