2026-09-10 · Indiana · Legislation

What happened. Private roads inside Indiana subdivisions have long occupied an awkward gap: the association owns the pavement but has no power to set an enforceable speed limit on it, and police have limited authority to enforce state traffic law there.

House Enrolled Act 1155 (Public Law 54-2026), signed 3 March 2026, opens a narrow experiment. It adds IC 9-21-23.5 — “Traffic Enforcement on Private Roads Pilot Project” — effective 1 July 2026.¹

Note where it sits: Title 9, Motor Vehicles, not the Homeowners Association Act.

Who qualifies — and it is very few

The eligibility test is cumulative and demanding:

“Sec. 1. This chapter: (1) applies to a subdivision: (A) that is subject to governance authority by a homeowners association; (B) that contains at least one thousand five hundred (1,500) lots; and (C) with at least fifteen (15) miles of private road that are owned and maintained by the homeowners association…”

Both thresholds must be met: 1,500 lots and 15 miles of association-owned private road. The chapter expressly excludes commercial property, industrial property, retail or commercial parking facilities, and private roads primarily serving them.

This is a handful of Indiana communities, not a general grant.

What a qualifying association may do

• Set a speed limit. “Notwithstanding any other law, the board of a homeowners association may establish a maximum speed limit within the subdivision.”
• Designate stop intersections. The board “may designate intersections on private roads within a subdivision at which a vehicle is required to stop.”
• Bring in enforcement. The association “may enter into an agreement with or employ an off duty law enforcement officer to enforce the laws of the state for the regulation and use of a vehicle.” On-duty officers are given the police powers necessary to enforce state vehicle law on these roads — limited to the speed and stop rules the association adopted, not the association's other rules.

The conditions and the deadline

The chapter requires proof of liability insurance and an indemnification agreement, and obliges a report to the General Assembly by 1 October 2027. And it ends:

“Sec. 12. This chapter expires July 1, 2028.”

1. House Enrolled Act 1155 (2026), P.L. 54-2026 — adding IC 9-21-23.5, “Traffic Enforcement on Private Roads Pilot Project” ↩
2. Office of the Governor, 2026 Bill Watch — HEA 1155 (“Traffic enforcement”) signed Mar. 3, 2026 ↩