Sec. 5. As used in this chapter, "exempt claim" refers to any of the following claims or actions:
(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) An action by a party to obtain a temporary restraining order or equivalent emergency equitable relief:
(A) to maintain the status quo and preserve the party's ability to enforce the condominium instruments; or
(B) when an emergency condition exists that jeopardizes the health or safety of any of the residents within the condominium community.
(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) A dispute that is subject to mediation, arbitration, or other alternate dispute resolution under applicable law, contract, warranty agreement, or other instrument.
(5) A claim that is substantively identical to a claim:
(A) that was previously addressed by the parties; or
(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.
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