Dale & Eke is taking the COVID-19 outbreak very seriously.  So, for the purpose of maintaining social distancing under CDC guidelines and to promote the health and safety of our clients, visitors and staff and reduce the spread of COVID-19, our physical office will be closed until further notice.

For the time being we are limiting all in-office meetings to those clients and potential clients who are not feeling ill or who have not shown signs of illness.  However, we are recommending that, unless you make other arrangements with your attorney, all client and potential client meetings occur via telephone or video conferencing.  If you have any paperwork for us that you need to drop off, please use the mail slot outside of the front door to our office.

We can still be reached at our office telephone number (317-844-7400). Your call will be answered by our office phone system and you may leave a voicemail in the general mailbox or with a specific attorney. All voicemails left in the general mailbox will be routed to the requested attorney or staff.

You may also email the firm through its website at  www.daleeke.com.

We will continue to monitor this evolving situation and adjust procedures as necessary.  Your health and safety, and the health and safety of our attorneys and staff, is our highest priority.  We thank you for your patience and understanding during these uncertain and unprecedented times.

A Professional Corporation of Attorneys at Law

Restrictions for homeowners associations

Whether someone owns a condo or a house, there may be a homeowners association fee. HOAs help maintain the community and provide certain amenities, but they also place restrictions on homeowners. 

There are certain HOA rules that are perfectly legal. However, there are restrictions that they are unable to enforce because federal and state laws prohibit them. 

Common things an HOA cannot enforce

According to Realtor.com, one of the federal laws that protect homeowners refers to discrimination. The Fair Housing Act protects current and prospective owners from discrimination due to religion, race, origin, politics or ethnicity. The Federal Communications Commission also protects homeowners from the decisions related to cable television, such as installing a satellite dish. 

HOAs must clearly define rules and may not make rash decisions. For example, they cannot just decide suddenly that a homeowner must have patio furniture in only certain colors. HOAs may also not fine an owner if there is not a listing of the fine in the covenants, conditions and restrictions handbook. 

Indiana law involving HOA legal action

Indiana homeowners who are having issues with their HOA may turn to the state for help. However, according to WRTV Indianapolis, the Attorney General’s office will only take action on five specific issues. These include: 

  • Misappropriation of funds 
  • Budget violations 
  • Improper use of proxies 
  • Fraud 
  • HOA statute violations 

If there is evidence proving any of these wrongdoings, the office is unable to enforce anything, but it may file a lawsuit, seek restitution for HOA members or both. Even if the issue is not something the AG office will involve itself with, HOA members may still file complaints against the HOA or take legal action themselves.