As used in this chapter, "exempt claim" refers to any of the following claims or actions:

1. (1) A claim by the association of co-owners for assessments or dues and any action by the association to collect assessments or dues.

2. (2) An action by a party to obtain a temporary restraining order or equivalent emergency equitable relief:

   1. (A) to maintain the status quo and preserve the party's ability to enforce the condominium instruments; or
   2. (B) when an emergency condition exists that jeopardizes the health or safety of any of the residents within the condominium community.
3. (3) A suit to which an applicable statute of limitations would expire within the notice period. This subdivision does not apply if a party against which the claim is made agrees to toll the statute of limitations as to the claim for the period reasonably necessary to comply with this chapter.
4. (4) A dispute that is subject to mediation, arbitration, or other alternate dispute resolution under applicable law, contract, warranty agreement, or other instrument.

5. (5) A claim that is substantively identical to a claim:

   1. (A) that was previously addressed by the parties; or
   2. (B) which was resolved by a judicial determination in favor of one (1) of the parties.

As added by P.L.141-2015, SEC.5.