Section 32-25.5-3-11 - Meeting to appoint or elect board members; failure to achieve quorum; authority to enforce governing documents(a) If: (1) a meeting of a homeowners association is called in accordance with the requirements of the homeowners association's governing documents, regardless of whether the meeting is: (B) a special meeting; or(C) any other meeting called by the board or the members;(2) a purpose of the meeting is the election or appointment of members of the board of directors of the homeowners association; and(3) the number of members of the homeowners association in attendance at the meeting does not constitute a quorum as defined in the governing documents of the homeowners association; the members of the board of directors at the time of the meeting may continue to serve until their successors are selected and qualified, regardless of the length of any member's term or the number of terms the member has served.
(b) The failure of a homeowners association to achieve a quorum at a meeting described in subsection (a) does not exempt any member from, or create an affirmative defense for any member with respect to:(1) the member's obligations under the homeowners association's governing documents; or(2) the member's obligations to otherwise abide by covenants regulating:(A) the use of real estate; or(B) the payment of assessments.(c) If a homeowners association's governing documents permit both the homeowners association and members of the homeowners association to enforce provisions of the governing documents, the homeowners association has authority both:(1) as a corporation or an entity; and(2) as derived from the members of the homeowners association's board; to enforce the governing documents of the homeowners association.
Added by P.L. 27-2017,SEC. 3, eff. 4/12/2017.