In this section, you will learn that Indiana courts have generally concluded that owners and operators have the right to exclude trespassers and solicitors from their communities and that they may establish policies regulating entry by non-residents. This section will discuss the limited exception allowed for political candidates or poll takers for a political party to enter an apartment community and interact with residents.
This section also discusses public authorities’ efforts to access the apartment community or a particular apartment for housing inspections or criminal investigations. Generally speaking, owners and operators should permit governmental authorities access, but be sure to read the article in this section entitled “Access by Public Authorities for an Administrative Inspection or a Criminal Investigation” to understand the circumstances in which access for a housing inspection is inappropriate.
The common areas of an apartment community are not open to public use. Owners and operators may control the right to use the common areas and may alter the right and limit the use of these areas at any time. Finally, residents have the right to install reception devices in or on their leased premises so long as they abide by the regulations of the Federal Communications Commission. If the owner or operator provides a reception device, s/he may charge residents for their use of it, but the amount the owner or operation may charge is limited. Read the article entitled “Residents’ Right to Install Reception Devices” to learn how that charge is limited.