Indiana Statewide Rule
Indiana CC&R Enforcement: Declaration Controls; Members Get Document & Record Access
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%)
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?
Can I get a copy of my HOA's governing documents and records in Indiana?
How are HOA covenants amended in Indiana?
Sources
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