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 have four office locations, serving hundreds of clients and thousands of communities throughout Illinois, Indiana, and Wisconsin. Our attorneys are also licensed in Arizona, Florida, and Missouri.

 

This article is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By reading this article you understand that there is no attorney client relationship between you and the article author. This article should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. © 2021 Kovitz Shifrin Nesbit, A Professional Corporation.