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Indiana Statewide Rule

Indiana CC&R Enforcement: Declaration Controls; Members Get Document & Record Access

Some RestrictionsApplies statewide across Indiana (2026)

Key Facts

Controlling document
Recorded declaration / CC&Rs - not the HOA Act
Architectural review
Not defined by statute - set by the declaration and rules
Member record access
Governing docs & financial records on written request (§ 32-25.5-3-3)
Access standard
May not be unreasonably denied; request must be reasonably particular
Covenant amendment
Per declaration threshold (solar capped at lesser of that or 65%)
Last verified: August 21, 2026

Summary

Covenant and architectural enforcement in Indiana flows from the recorded declaration, not the HOA Act. The Act (Ind. Code § 32-25.5) does not script architectural review, violation notices, or cure periods. It does guarantee members access to the association's governing documents and financial records on written request under Ind. Code § 32-25.5-3-3.

If a homeowners association's governing documents permit both the homeowners association and members of the homeowners association to enforce provisions of the governing documents, the homeowners association has authority both: (1) as a corporation or an entity; and (2) as derived from the members of the homeowners association's board; to enforce the governing documents of the homeowners association.

Full Breakdown

The Indiana Homeowners Associations Act does not create architectural-control authority or a covenant-enforcement procedure; those powers come from the recorded declaration (CC&Rs), bylaws, and board rules, and recorded covenants are enforceable as restrictive covenants under Indiana property law. The Act's main role here is transparency: under Ind. Code § 32-25.5-3-3, an association's records - including financial records ("all contracts, invoices, bills, receipts, and bank records") and the governing documents - "must be available for inspection by each member" on a written request that identifies them "with reasonable particularity," and access "shall not be unreasonably denied." Amending recorded covenants requires the threshold in the declaration; for a solar request, Ind. Code § 32-25.5-3.5 caps that consent at the lesser of the declaration's amendment threshold or 65% of owners. The Act prescribes no statutory violation-notice form or cure period.

Violations & Penalties

Covenant violations are enforced through the declaration's remedies - architectural-review denial, written notice, fines where authorized, and injunctive relief or damages in court. The Act adds no separate enforcement penalty, but it does bar an association from unreasonably denying a member's record-inspection request.

Frequently Asked Questions

What governs CC&R enforcement in Indiana?
Mainly your association's recorded declaration. The Indiana Homeowners Associations Act (Ind. Code § 32-25.5) does not create architectural-control authority or a violation-notice procedure - those come from the CC&Rs, bylaws, and board rules. Recorded covenants are enforceable as restrictive covenants under Indiana property law.
Can I get a copy of my HOA's governing documents and records in Indiana?
Yes. Ind. Code § 32-25.5-3-3 makes the association's records, including governing documents and financial records like contracts, invoices, and bank records, available for inspection by each member on a written request that identifies the records with reasonable particularity, and access may not be unreasonably denied.
How are HOA covenants amended in Indiana?
Recorded covenants are amended using the threshold set in the declaration. One statutory exception: for a member's solar request, Ind. Code § 32-25.5-3.5 caps the required consent at the lesser of the declaration's amendment threshold or 65% of owners.

Sources

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