Legal Question in Real Estate Law in Indiana

Re: Homeowners Association

Depends. The association by-laws may have something to say about it. Possibly the directors decided it was not in the best interest of the assocation to enforce the covenant. You need to carefully review the charter, bylaws and covenants, and you need to obtain a clear statement from the association about why they decline to enforce this particular covenant. If they don't provide a reason, a good reason, then you may be able to enforce the covenant yourself in a derivative lawsuit, on behalf of the association. And you may be able to sue the association's directors for damages caused by their breach of fiduciary responsibility.