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Indiana Code Title 32. Property § 32-25-8.5-5

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 5. As used in this chapter, “exempt claim” refers to any of the following claims or actions:

(1) A claim by the association of co-owners for assessments or dues and any action by the association to collect assessments or dues.

(2) An action by a party to obtain a temporary restraining order or equivalent emergency equitable relief:

(A) to maintain the status quo and preserve the party's ability to enforce the condominium instruments;  or

(B) when an emergency condition exists that jeopardizes the health or safety of any of the residents within the condominium community.

(3) A suit to which an applicable statute of limitations would expire within the notice period.  This subdivision does not apply if a party against which the claim is made agrees to toll the statute of limitations as to the claim for the period reasonably necessary to comply with this chapter.

(4) A dispute that is subject to mediation, arbitration, or other alternate dispute resolution under applicable law, contract, warranty agreement, or other instrument.

(5) A claim that is substantively identical to a claim:

(A) that was previously addressed by the parties;  or

(B) which was resolved by a judicial determination in favor of one (1) of the parties.

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Cite this article: FindLaw.com - Indiana Code Title 32. Property § 32-25-8.5-5 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-32-property/in-code-sect-32-25-8-5-5/

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