Question:
our hoa is demanding the members share motgage information with the board. is this legal? much is public recond already but some information is confidential.
– Chip
Answer:
Hi Chip,
In Indiana, an HOA or condo association generally does not have an inherent right to request mortgage information from its members unless this requirement is clearly outlined in the association’s governing documents, such as the bylaws or covenants. HOAs may sometimes collect mortgage-related details if they believe it’s necessary for maintaining property records or enforcing rules, but such requests must align with privacy laws and the HOA’s established guidelines.
Additionally, the Indiana Homeowners Association Act, which governs HOA activities, does not specifically grant boards the authority to demand private financial information like mortgage details. However, it is essential to consult the specific provisions in your HOA’s governing documents, as they may grant certain permissions if legally structured to do so. If no such authority is established, residents can challenge this request or seek clarification from a legal professional to ensure compliance with state laws and association regulations.
For more tailored guidance, consider reaching out to an attorney experienced in Indiana HOA law or refer to resources on HOA regulations in the state for further context.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
