On February 18, 2021, Indiana Governor Eric Holcomb signed into law House Enrolled Act 1056. HEA 1056 corrects an unintended additional requirement when recording community association governing documents that was created by Senate Enrolled Act 340 that went into effect on July 1, 2020.
Why is this great news for Indiana community associations? The 2020 law required that documents filed with a county recorder be signed by:
- an officer of the association
- a “disinterested witness”
Both the officer and the “disinterested witness” had to sign in front of a Notary Public at the same time. This created a significant difficulty for community associations needing to record liens, document amendments, and other items where the public and residents should or must be put on notice.
The new legislation creates a welcome correction. Indiana community associations can go back to only needing the notarized signature of an officer of the association for documents to be accepted by county recorders.
Do not hesitate to contact our law firm if your community has questions about governing documents, recording documents, document retention, or other legal concerns. Contact KSN by calling 855-537-0500 or visiting www.ksnlaw.com.
Since 1983, KSN has been a legal resource for condominium, homeowner, and townhome associations. Additionally, we represent clients in real estate transactions, collections, landlord/tenant issues, and property tax appeals. We represent thousands of clients and community associations throughout the US with offices in several states including Florida, Illinois, Indiana, and Wisconsin.
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