Abrogation of homeowners’ association dues and assessments is not the appropriate remedy for an owner’s dissatisfaction with the way the HOA is performing or the conditions or quality of the neighborhood and its amenities.
Civil
In re K.R., No. 19A-JT-487, __ N.E.3d __ (Ind. Ct. App., Sept. 26, 2019).
Parents’ drug test results were admissible pursuant to the records of regularly conducted activity exception to the hearsay rule.
Rainbow Realty Group, Inc. v. Carter, No. 19S-CC-38, __ N.E.3d __ (Ind., Sept. 13, 2019).
“Rent-to-buy” agreement was not a land-sale contract, but a rental agreement subject to Indiana’s residential landlord-tenant statutes.
Witham v. Steffan, No. 18A-TR-2914, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2019).
Incorrectly filing a will contest in the Circuit Court instead of in the Superior Court was a mistake in venue that mandated immediate transfer rather than dismissal with prejudice.
Pinch-N-Post, LLC v. McIntosh, No. 19A-TP-239, __ N.E.3d __ (Ind. Ct. App., Aug. 27, 2019).
The proper remedy for an inadequate tax sale redemption notice [Ind. Code § 6-1.1-25-4.5] is ordering a new 120-day redemption period.