An exculpatory clause in the covenants of a Morgan County subdivision protects the local homeowners’ association from a complaint for damages filed by three residents, the Indiana Court of Appeals has ruled.  As part of the covenants and restrictions of Foxcliff Estates in Martinsville, the HOA was charged with the upkeep of common areas and with enforcement of the subdivision’s restrictions. But an exculpatory clause further held the HOA could not be held liable for damages “of any kind to any person for failure to either abide by, enforce or carry out any of the Restrictions.”    Read the article………….