Our initial scan found 7 potential issues in your governing documents.
We checked the 2 public PDFs on Geist Harbours POA’s website against current Indiana and federal HOA law—and more issues may exist depending on the documents you load.
✓Rules & Enforcement Policies✓CC&Rs / Declaration+ Add up to 10 PDFs in Full Analysis
Declaration of Covenants, Conditions & Restrictions · Declaration of Restrictions of Geist Harbours, Section 12 & Architectural Guidelines · Page 1
Clause imposes an absolute ban on solar power devices without recognizing the statutory homeowner petition and approval pathway under Ind. Code § 32-25.5-3.5 (HEA 1196).
Operative Clause · Declaration of Restrictions of Geist Harbours, Section 12 & Architectural Guidelines (Page 1)
“The Architectural Control Committee may deny any solar application that alters the uniform roofline appearance of the neighborhood.”
Why It’s Flagged
Ind. Code §§ 32-25.5-3.5-1 to 32-25.5-3.5-5 (HEA 1196)
Under Ind. Code § 32-25.5-3.5-5 (enacted by HEA 1196), even if a governing document purports to prohibit solar power devices or requires architectural approval, a homeowner may petition other association members and, upon presenting the signatures required by § 32-25.5-3.5-5(c) (65% of members or the declaration's amendment threshold, whichever is less), the board may not deny the request to install a rooftop solar power device.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Notwithstanding anything herein to the contrary, all requests to install a solar power device shall be evaluated in accordance with Ind. Code § 32-25.5-3.5 (HEA 1196), and the Board shall not deny a qualifying solar power device installation supported by the homeowner petition threshold set forth in Ind. Code § 32-25.5-3.5-5.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
6 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 6 remaining issues—plus load up to 10 PDFs for complete review.
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Potential Issue Surfaced in Initial Scan
Document
Severity
#2
Satellite Dish & Antenna Prior-Approval / Ban Preemption Conflict
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