Warrick County, IN HOA Rules: CC&R Enforcement (2026)

Under § 154.017, Optional Primary Plat Information, the Area Plan Commission or its Executive Director may, at their discretion, require a subdivider to disclose proposed restrictive covenants on the primary plat when those covenants are properly prepared, legally sound, and deemed essential to the sound development of the area. A subdivider or the Area Plan Commission may propose such covenants to regulate land use within the subdivision and otherwise protect the development, and the section requires that any such covenants be no less restrictive than the standards already set in the subdivision control chapter, Chapter 154.

But the ordinance draws a firm line on who polices those covenants after the plat is recorded: the Area Plan Commission has no authority to enforce them, and enforcement responsibility falls entirely on the property owners within the subdivision. Practically, this means Warrick County government, including the Building Commissioner, the Area Plan Commission, and the Board of Commissioners, will not step in to resolve a dispute over an architectural restriction, a fence height limit, or a use restriction that exists solely in a subdivision's recorded covenants rather than in the Zoning Ordinance or another chapter of the county code.

A homeowner seeking to enforce a covenant against a neighbor must pursue that matter as a private civil action, typically through the subdivision's homeowners association or directly against the violating owner, rather than filing a county code-enforcement complaint. County code enforcement remains available only for violations of the county's own adopted regulations, such as the zoning and building chapters, which are separate from any privately recorded CC&Rs.