Section 32-28-14-8 - Time limit for enforcing lien(a) A homeowners association may enforce a homeowners association lien by filing a complaint in the circuit or superior court of the county where the real estate that is the subject of the lien is located. The complaint: (1) may not be filed earlier than ninety (90) days, unless:(A) another person files a foreclosure action on the property that is the subject of the lien; or(B) a person files written notice to file an action to foreclose the lien under section 9(a)(1) of this chapter; and(2) must be filed not later than five (5) years; after the date the statement and notice of intention to hold a lien was recorded under section 6 of this chapter.
(b) If a lien is not enforced within the time set forth in subsection (a), the lien is void.(c) If a lien is foreclosed under this chapter, the court rendering judgment shall order a sale to be made of the real estate subject to the lien.Amended by P.L. 45-2016, SEC. 7, eff. 7/1/2016.Amended by P.L. 99-2011, SEC. 4, eff. 7/1/2011.As added by P.L. 135-2007, SEC.3. Amended by P.L. 167-2009, SEC.3.