Clark County, IN HOA Rules: Board Governance (2026)
Key Facts
- Applies to
- Planned Unit Developments
- Required
- Self-perpetuating Owner's Association
- Must maintain
- Open space and recreation areas
- Also covers
- Common facilities and private streets
- Recording deadline
- Within 2 years of approval
- Penalty
- Up to $2,500 per day
Summary
Every Planned Unit Development in Clark County must form a self-perpetuating Owner's Association to control maintenance of open space and common facilities, with legal assurances recorded to prove it, under Zoning Code § 156.49(G)(4)-(5).
(4) An Owner's Association shall be formed with direct responsibility to, and control by, all property owners in the PUD to provide for the maintenance of all open spaces and active recreation space located within the PUD. Legal assurance shall be provided and recorded which shows that the Homeowners Association is self-perpetuating. (5) Adequate provisions shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities and space including private streets jointly shared by such property owners if such facilities are a part of the planned unit development, and, in such instance legal assurances shall be provided and recorded which show that the private organization is self-perpetuating. In addition, the private organization shall have the power to enforce covenants and restrictions.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2019 S-0: Code: Local legislation current through Ordinance 31-2014, passed 12-18-2014).
Full Breakdown
49 sets the ground rules for Planned Unit Developments in unincorporated Clark County, and subsection (G) covers covenants and maintenance. Paragraph (4) requires an Owner's Association formed with direct responsibility to, and control by, all property owners in the PUD, tasked with maintaining all open spaces and active recreation space in the development; legal assurance must be recorded showing the Homeowners Association is self-perpetuating, meaning it cannot simply dissolve and leave maintenance undone. Paragraph (5) extends the same self-perpetuating requirement to a private organization responsible for common facilities and private streets shared among owners, and that organization is given the power to enforce covenants and restrictions.
Paragraph (6) bars any governmental unit from bearing maintenance costs for common facilities not dedicated to the public, and paragraph (7) requires the private organization to keep private streets passable for fire, police, health, school, sanitation and utility vehicles at all times. 49(H) requires the approved final PUD plan, including HOA and covenant documents, to be recorded with the County Recorder within two years of approval.
Violations & Fines
A PUD developer or association that fails to form the required self-perpetuating association, record the legal assurances, or maintain common facilities and private streets violates § 156.49(G). The Plan Commission can enforce the covenants directly under (G)(1), and Chapter 156's general penalty in § 156.99(A) allows a civil penalty up to $2,500, with each day of continued violation a separate offense under § 156.99(B).
Frequently Asked Questions
Does every subdivision in Clark County need a homeowners association?
Who maintains private streets inside a Clark County PUD?
Can Clark County itself enforce a PUD's covenants?
What must be recorded to prove the HOA is self-perpetuating?
Sources & Official References
Other rules in Clark County
Compare Clark County to another location·View the Indiana hoa rules overview
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