Rep. Carbaugh: Help for homeowners association signed into law

Monday, April 15, 2013

Rep. Carbaugh: Help for homeowners association signed into law

STATEHOUSE – Senate Enrolled Act (SEA) 126 sponsored by State Representative Martin Carbaugh (R-Fort Wayne) passed through both the House and Senate and has been signed into law by Gov. Pence.

SEA 126 sets provisions for a subdivision with many lots that have different homeowners association covenants. All the lots may be made subject to new replacement covenants if the homeowners association gives the owner of each lot a proposed set of covenants that would apply to all lots, along with a petition on which the owner indicates whether or not they approve of applying the proposed covenant. If two-thirds of the owners approve, the new covenants are then applied to all the lots in that subdivision that are part of the homeowners association.

“Some of the older subdivisions were built over a span of 40 years and have as many as 10 different covenants,” said Rep. Carbaugh. “Your neighbor down the street might have a completely different set of rules to follow, which makes it difficult for the homeowners association to know which rules apply to which lots."

Currently, there is no law regarding the regulation of homeowners association covenants if the subdivision has more than 12 lots or 250 homes.

“This bill will help our larger neighborhood developments adopt a uniform homeowner’s covenant,” said Rep. Carbaugh. “This should help bring some clarity to homeowners as well as the association’s president and board.”

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State Rep. Martin Carbaugh serves as Vice Chairman of the Insurance Committee. He also serves on the Employment, Labor and Pensions Committee and the Veterans Affairs and Public Safety Committee. Rep. Carbaugh represents a portion of Allen County.