1. (a) A homeowners association may enforce a homeowners association lien by filing a complaint in the circuit or superior court of the county where the real estate that is the subject of the lien is located. The complaint:

   1. (1) may not be filed earlier than ninety (90) days, unless:

      1. (A) another person files a foreclosure action on the property that is the subject of the lien; or
      2. (B) a person files written notice to file an action to foreclose the lien under section 9(a)(1) of this chapter; and

   2. (2) must be filed not later than five (5) years;

      after the date the statement and notice of intention to hold a lien was recorded under section 6 of this chapter.

2. (b) If a lien is not enforced within the time set forth in subsection (a), the lien is void.
3. (c) If a lien is foreclosed under this chapter, the court rendering judgment shall order a sale to be made of the real estate subject to the lien.

As added by P.L.135-2007, SEC.3. Amended by P.L.167-2009, SEC.3; P.L.99-2011, SEC.4; P.L.45-2016, SEC.7.