Indiana Limits on HOA Power: Solar, U.S. Flag & Political Signs Protected

Indiana's strongest HOA-override is its solar law, Ind. Code § 32-25.5-3.5 (2022 HEA 1196): where covenants or board guidelines "prohibit, restrict, or limit the installation of solar energy systems," an owner may petition, and once the owner obtains signatures equal to the lesser of the declaration's amendment threshold or 65% of owners, the board or architectural control committee "may not deny" the request - though the HOA keeps reasonable placement and aesthetic rules and the limited removal grounds in § 32-25.5-3.5-5. Indiana also protects U.S. flag display by members, and under Ind. Code § 32-21-13 an HOA "may not adopt or enforce a rule that prohibits" a member's political sign from 30 days before to 5 days after the election, subject to reasonable size, number, and location limits. Indiana has no statute protecting clotheslines or EV charging stations, so those remain governed by the declaration.

An HOA that denies a qualifying solar request after the owner meets the § 32-25.5-3.5 consent threshold, bans a U.S. flag, or removes an election-period political sign protected by Ind. Code § 32-21-13 is acting contrary to statute. For clotheslines or EV charging, no Indiana override exists, so the covenant generally controls.