HOA Covenant Enforcement in Indiana: What Homeowners and Boards Should Know About Violations and Fines

When a homeowner is believed to have violated a covenant, an HOA must follow certain steps before taking enforcement action. Here is how the process works in Indiana.

What Are Covenants?

Covenants are the rules and restrictions that govern how property can be used within a homeowners association community. These rules are typically outlined in the declaration of covenants, conditions, and restrictions, or CC&Rs, which are recorded with the county recorder and bind all property owners in the community. Covenants may address a wide range of topics, including but not limited to architectural standards, exterior paint colors, fencing, landscaping, parking, noise, and the use of common areas. Their overall purpose of these rules is to promote consistent standard within the community and help preserve property values.

How Violations Are Handled

If the HOA believes a homeowner had violation a covenant, it will typically begin by sending written notice identifying the alleged violation and providing a reasonable opportunity to correct it. Under Indiana law, as amended in 2026, an HOA that intends to impose a fine for the violation must first adopt a written schedule of fines covering specific violations. The homeowner must then receive notice of the violation, the amount of the fine, and when the fine will be assessed. The fine schedule must also set a maximum total amount that can be imposed for any single violation.

The Grievance Resolution Process

Indiana’s Homeowners Association Act requires HOAs to include grievance resolution procedures in their governing documents. Before either party files a lawsuit , they must first go through this process. The party raising the dispute must send a written notice of claim describing the issue, identifying the relevant provision in the governing document, stating the requested resolution, and advising the other party of their right to request a meeting. The receiving party has ten business days to request a meeting. This process is designed to give both sides an opportunity to resolve the of dispute without resorting to litigation.

When Disputes Go to Court

If the matter is not resolved through the grievance process, either party may proceed to court. The HOA may seek to enforce the covenant, while the homeowner may challenge the enforcement if proper procedures were not followed or if the HOA acted beyond its authority. In addition, the Indiana Attorney General has authority to pursue enforcement actions against HOA boards for misconduct, including seeking injunctions, restitution, removal of board members, and civil penalties.

Whether you are a homeowner facing enforcement or a board member navigating compliance, the attorneys at McNeelyLaw LLP can provide guidance. Contact us today by calling (317)825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.