Sec. 4. As used in this chapter, "exempt claim" refers to any of the following claims or actions: (1) A claim by the homeowners association 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 governing documents; or (B) when an emergency condition exists that jeopardizes the health or safety of any of the residents within the community governed by the homeowners association. (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) that was resolved by a judicial determination in favor of one (1) of the parties.
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