Zoning and HOA Regulations

Purchasing a home can be both exciting and stressful; you might envision improvements and additions to customize a home to make it your own. However, when house hunting, it is crucial to check the applicable zoning ordinances and HOA regulations. Certain regulations can prevent you from using your property in specified ways.

What Are Zoning Regulations?

Zoning regulations are local laws that lay out permitted uses for certain sections of land. For example, when seeking to purchase or build a home, the land typically must be designated for residential purposes. Other purposes can include agricultural, industrial, or commercial use. Essentially, zoning regulations can restrict not only the use of the property but may also set standards in terms of the size, placement, and features of any development on the property. For example, zoning regulations can be used to regulate building heights, restrict noise levels, require open spaces, and limit the density of land development. To ensure that your plans for a home are permissible, be sure to check your local zoning regulations in detail. If your desired property (or use for a property) does not fit within the existing zoning ordinance, you can sometimes request a variance, exception, or change of zoning classification to suit your intended use.

What is an HOA?

A Homeowners Association (HOA) is an organization that regulates a community of individual dwellings.  HOAs are increasingly widespread in residential development. In 2024, roughly 77.1 million residents were members of an HOA, and in Indiana specifically, there are over 800,000 residents in associations. If you choose to live in a community that has an HOA, you must agree to abide by the rules of that association, which are known as covenants, conditions, and restrictions. Violations of HOA rules can result in penalties such as fines, liens, and in extreme scenarios, foreclosure. There can be an abundance of rules, but some common rules include:

• Maintaining your yard by keeping it properly mowed and removing weeds.
• Noise restrictions.
• Complying with rules relating to the home’s exterior such as restrictions on paint colors, fences, and yard signs.
• Street parking restrictions.
• Ensuring trash cans are of a certain style and stored in certain ways.
• Restrictions on pets, including on number, type, size, and breed.

The above is not an exhaustive list. If you are considering purchasing a home that is subject to an HOA, it is important to review the applicable covenants, conditions, and restrictions before you make your purchase.

If you have any questions or want assistance with information relating to zoning ordinances and HOA regulations, please reach out to one of our attorneys at McNeelyLaw LLP by calling (317)825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of 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.