Ind. Code ch. 32-25.5-3.9

in effect

Ind. Code § 32-25.5-3.9-1 Applicability

Sec. 1. (a) This chapter applies only to a homeowners association's adoption or amendment of governing documents after June 30, 2026. (b) This chapter does not apply to an age-restricted community governed by a homeowners association that is in compliance with the Housing for Older Persons Act of 1995. As added by P.L.53-2026, SEC.7.

Ind. Code § 32-25.5-3.9-2 "Governing documents"

Sec. 2. As used in this chapter, "governing documents" has the meaning set forth in IC 32-25.5-2-3. As added by P.L.53-2026, SEC.7.

Ind. Code § 32-25.5-3.9-3 "Providing child care"

Sec. 3. As used in this chapter, "providing child care" means: (1) the operation of a Class I child care home as defined in IC 12-7-2-33.7; or (2) providing child care described in IC 12-17.2-1-1(2). As added by P.L.53-2026, SEC.7.

Ind. Code § 32-25.5-3.9-4 "Single family residence"

Sec. 4. As used in this chapter, "single family residence" means a residential structure that: (1) does not share a common wall with any other structure within the homeowners association; and (2) is designed and built for occupancy by only one (1) family. As added by P.L.53-2026, SEC.7.

Ind. Code § 32-25.5-3.9-5 Homeowners association may not prohibit or restrict person from providing child care

Sec. 5. A homeowners association may not: (1) prohibit or restrict; or (2) adopt or enforce a regulation, rule, or other policy that has the effect of prohibiting or restricting; a person from providing child care in a single family residence that the person resides within and owns, rents, or leases. The person holding a license of a Class I child care home must also reside within the single family residence. As added by P.L.53-2026, SEC.7.

Ind. Code § 32-25.5-3.9-6 Adoption or amendment of governing documents to allow for provision of child care

Sec. 6. A homeowners association may adopt or amend governing documents to permit a person providing child care within a single family residence that the person resides within and owns, rents, or leases, to conform with this chapter. As added by P.L.53-2026, SEC.7.

Ind. Code § 32-25.5-3.9-7 Homeowners association allowing for provision of child care before July 1, 2026, not affected; other laws regarding provision of child care not affected

Sec. 7. This chapter does not affect: (1) a homeowners association that allowed for the operation of providing child care in a single family residence before July 1, 2026; or (2) the application of any other laws that apply to providing child care. As added by P.L.53-2026, SEC.7.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/32Fetched: 10/17/2026