Fort Wayne, IN HOA Rules: CC&R Enforcement (2026)
Key Facts
- Governing provision
- Fort Wayne Code § 155.020(D)
- Enforced by
- Covered parties only, not the city
- Covenants can be
- Stricter than city minimums
- City floor
- Zoning Code minimums still apply
Summary
Fort Wayne's subdivision code lets HOA covenants set stricter limits than the city ordinance, but the Plan Commission and Plat Committee won't enforce them.
Restrictive covenants, when used, shall remain a private contract and shall not be enforced by the Plan Commission or Plat Committee. Restrictive covenants, when used, shall not exempt any lot from meeting the minimum requirements of the Zoning Code. However, covenants may be created requiring greater minimums than specified by ordinance, and shall be enforceable by the covered parties.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-60: Supplement contains: Local legislation current through Ord. G-19-26, passed 7-14-26, and Res. 83-19, passed 12-17-19 State legislation current through Legislative Service, 2025 Acts, Pamphlet No. 3).
Full Breakdown
Under Fort Wayne Code of Ordinances § 155.020(D), restrictive covenants recorded on a subdivision "remain a private contract" and are not enforced by the Plan Commission or Plat Committee. A covenant can't excuse a lot from the Zoning Code's minimum requirements, but it can impose greater minimums than the ordinance sets, and only "the covered parties," not the city, can enforce those stricter terms. So an HOA can require larger setbacks, bigger lots, or tighter building limits than city rules, but the association (not code enforcement) has to sue or otherwise enforce it.
Violations & Fines
City agencies take no role in enforcing HOA covenants; violations are a private civil matter between the HOA/covered parties and the property owner, pursued through the courts, not through Plan Commission or Plat Committee action.
Frequently Asked Questions
Will Fort Wayne enforce my HOA's restrictive covenant?
Can an HOA set stricter rules than city code?
Sources & Official References
Other rules in Fort Wayne
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