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Brynnwood Villas

What the recorded documents actually say about Brynnwood Villas in Elkhart — fences, sheds, pools, pets, parking and the rest — with the part of the document each answer comes from.

10 homes have sold here in the last four years, which is why this neighborhood was compiled early.

Before you rely on this page

These answers come from the Third Amended and Restated Declaration of Protective Restrictions, Covenants, Limitations and Easements for Brynnwood Villas Section One, recorded in Elkhart County on July 16, 2008 as instrument 2008-17975. It amends and restates the original declaration of August 30, 2001, instrument 2001-27420, together with the amendments of June 28, 2006 and April 30, 2007, instruments 2006-18764 and 2007-11430, so it is meant to be the whole set of restrictions as of that date. It was read in full, cover to cover.

By its own title and its own recitals that declaration is for Brynnwood Villas SECTION ONE. If the home you are looking at is in a later section of Brynnwood Villas, the answers on this page may not be the restrictions that govern it. Find out which section your lot is in before you rely on anything here.

There is good reason to think a newer declaration exists that is not among these documents. The Second Amended Code of By-Laws of the Brynnwood Villas Homeowners Association, a copy of which is on file, refers to the most recently recorded Amended and Restated Declaration for Brynnwood Villas Section One AND Brynnwood Villas Section Two. No such combined declaration is in this neighborhood's documents, and the copy of those by-laws on file carries no recording stamp and no date. So before you rely on any answer here, ask the association or your title company for the most recently recorded declaration and for every amendment recorded after July 2008.

Two other limits worth knowing. The developer kept the exclusive right to amend the declaration, including waiving any part of it for a particular lot, until January 1, 2025, and the covenants themselves ran until January 1, 2025 and then renew automatically for ten-year periods unless owners of 75 percent of the lots agree to change them. And the board of directors may adopt additional rules and regulations by majority vote, which do not get recorded, so there can be rules in force in this neighborhood that no recorded document would show you.

What you can build and change

Conditional

Fences

Perimeter fencing is allowed only if it is a consistent, uniform fence and only with the written approval of the Architectural Control Committee. A swimming pool fence also has to be approved as to design, height, location and construction, has to look finished on both sides and be compatible with the house, and is not permitted in front of the residence or in the front building setback. A dog run or other temporary pet fencing needs the same written approval, may not enclose more than 100 square feet, has to be completely screened from neighbors by shrubs, and likewise may not go in front of the residence or in the front setback. Separately, no new screen planting over six feet high is permitted between the building setback line and the front lot line without written committee approval. The document gives no height limit, material list or approval deadline for a perimeter fence, so the standard is whatever the committee is applying at the time.

Perimeter Fencing. No perimeter fencing will be allowed unless the fence is a consistent uniform fence and unless it is approved in writing by the Architectural Control Committee.
Conditional

Sheds & outbuildings

There is no clause that simply says yes or no to a storage shed. Two clauses bear on it. First, nothing may be built or placed on a lot at all until the plans have been approved by the Architectural and Landscape Committee, and gazebos are expressly treated as detached buildings that may not be erected without Architectural Control Committee approval, so a detached building is at minimum an approval question. Second, a prohibited-structures clause lists detached storage buildings, trailers, modular homes, prebuilt homes, basements, tents, shacks, garages, barns and outbuildings and says none of them may be moved in, assembled or constructed on a lot and used at any time as a residence. That clause is aimed at living in such a structure, which is why it can list basements and garages that the covenants require elsewhere. The document never states outright whether a storage shed that nobody lives in may be built, so this is a question to put to the committee or the board in writing before you buy a shed.

Gazebos will be considered as detached buildings and are not to be erected or permitted on any lot within the subdivision without the approval of the Architectural Control Committee.
Conditional

RVs, boats & trailers

Recreational and commercial vehicles may not be stored or parked in any open area of the subdivision for longer than 48 consecutive hours, and that reach covers open areas on the owner's own lot as well as open areas elsewhere in the neighborhood. The list is long and specific: mobile homes, house trailers, boats, boat trailers, motorhomes, camping trailers, recreational vehicles, snowmobiles, dirt bikes, motorcycles, dune buggies, semi-trucks, semi-trailers and utility trailers. What the clause gives is a time allowance rather than a flat ban, so bringing a camper or boat in to load, unload or clean it is addressed by the 48-hour window. The document does not define what counts as an open area and it does not mention a garage in either direction, so a camper or boat kept inside a closed garage is not addressed by the wording at all. The covenants do require every dwelling to have an attached garage big enough for two cars. Ask the association how the 48-hour rule is applied in practice before you count on storing anything here.

No mobile homes, house trailers, boats, boat trailers, motorhomes, camping trailers, recreational vehicles, snowmobiles, dirt bikes, motorcycles, dune buggies, semi-trucks, semi-trailers, and utility trailers shall be stored or parked in any open area of the subdivision, weather such open areas are on or off the lot of any owner, for longer than 48 consecutive hours.
Conditional

Swimming pools & hot tubs

Above-ground pools are prohibited outright, and so are tennis courts. An in-ground pool is not prohibited, and the covenants assume one can exist: there is a separate clause on swimming pool fences requiring the Architectural Control Committee to approve the fence's design, height, location and construction, requiring it to be attractive on both sides and compatible with the house, and barring it from the front of the residence or the front building setback. The pool itself would also go through the general architectural review, since no structure may be built on a lot until the committee has approved the plans. The document sets no pool size, setback or equipment-screening standard.

Tennis Courts and Pools. No tennis courts or above ground pools shall be permitted.
Conditional

Exterior changes & additions

Exterior changes are controlled twice over. No building or other structure may be erected, constructed, placed, maintained or altered on a lot, and the natural topography or drainage may not be altered, until the construction plans and the landscaping plan have been approved by the Architectural and Landscape Committee. Two complete sets of plans go in, showing floor plan, quality of construction, materials, outside colors, how the design fits existing structures, location relative to lot lines, topography and finish grade elevations, and the landscaping detail; one set is kept and one returned. Approval or disapproval is in writing, and no deviation from approved plans may be made without the committee's prior written consent. Separately, an owner may not paint, decorate or change the appearance of any part of the exterior in a way that varies from the approved plans without prior written approval from both the board of directors and the committee. The declaration says the committee's decision is entirely within its discretion, while also saying it must act promptly and apply consistent standards. Any structure started has to be finished within one year or removed at the owner's expense.

No Building or other structure shall be erected, constructed, placed, maintained, or altered on any Lot, nor shall the natural topography or drainage of any Lot be altered, until the construction plans for the structure or for the topographical alterations and the landscaping plan have been approved by the Architectural and Landscape Committee.
Conditional

Satellite dishes & antennas

A satellite dish is allowed if it is smaller than 24 inches across, is always located at the rear or the side of the home, and is approved in writing by the Architectural Control Committee before it is installed. A television antenna may be installed no more than ten feet above roof level, with an effort made to shield it from the street and from neighbors, and its location also has to be approved in writing. Outside above-ground AM, FM or short-wave radio antennas and towers of any type are prohibited. All utility service, including cable television, is required to be underground. These are the recorded terms as of 2008; federal rules on antennas and dishes have their own effect on provisions like these, which is a question for your attorney or the association rather than something this document answers.

A satellite dish of less than twenty-four (24) inches in diameter may be used by owners of lots within this subdivision which shall always be located in the rear or side of a home and is approved in writing by the Architectural Control Committee prior to installation.
Not stated

Solar panels

We don’t have this one confirmed yet — we can ask the association and get you an answer before you commit to anything.

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Conditional

Landscaping, trees & gardens

Landscaping is an approval item from the start: no landscaping may be installed until the plans and specifications have been approved in writing by the Architectural and Landscape Control Committee, and afterwards an owner may remove, plant, install or maintain flowers, trees, shrubs or other plants only in accordance with an approved landscaping plan. Owners maintain their own irrigation systems, and the association may set minimum and maximum watering intervals and the permitted periods and times of day. Each dwelling has a sprinkler system with the controls outside so the association can confirm lawns are being watered, and the association may turn the water back on if it has been shut off outside designated non-watering times. An owner is responsible for trees on the lot with a trunk circumference of nine inches or more measured a foot above the ground, including pruning and removing dead, unsightly or dangerous trees; if the association gives written notice and the owner does not act within 60 days, the association may do the work and charge the owner. New screen planting over six feet high is not permitted between the building setback line and the front lot line without written approval. Vegetable and flower gardens are capped at 100 square feet and 3 feet 6 inches of vegetation height, are not allowed in front yards, may not accumulate compost mounds or have sprinkler or shade structures built over them, and may not be grown for commercial purposes. Lawn ornaments such as bird baths and landscape fountains in planting beds are permitted if maintained and not allowed to become a visual annoyance; towers, windmills, lighthouses, arbors and artificial animals need written majority approval from the committee.

Owners may remove, plant, install or maintain any flowers, trees, shrubbery or other plant materials on a Lot only in accordance with a landscaping plan approved by the Architectural and Landscape Control Committee (Landscaping Plan).
Conditional

Mailboxes

Mailboxes are not free choice. Each one has to be of uniform appearance and construction as prescribed by the Architectural Control Committee. The document does not describe the approved style, supplier or post, so ask the association what the current specification is before you replace one.

Mailboxes. Each mailbox shall be of uniform appearance and construction as prescribed by the Architectural Control Committee.

How you can live here

Conditional

Pets

Dogs, cats and ordinary household pets are permitted, provided they are not kept, bred or maintained for any commercial purpose. No animals, including pigeons, livestock or poultry of any kind, may be raised, bred or kept on a lot for commercial or personal use beyond that household pet allowance. Dogs and cats may not be housed or regularly kept outside the dwelling, may not be left outside overnight, must stay on the pet owner's property or under the owner's direct physical control, and may not become a neighborhood nuisance, hazard or threat to public health and safety. A dog run or other temporary pet fencing is possible but needs written Architectural Control Committee approval, may not enclose more than 100 square feet, must be fully screened from neighbors by shrubs, and may not be in front of the residence or in the front setback. The document sets no limit on the number of pets.

No animals, including pigeons, livestock or poultry of any kind shall be raised, bred or kept on any Lot for either commercial or personal use except that dogs, cats, or ordinary household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purposes.
Not stated

Renting your home

We don’t have this one confirmed yet — we can ask the association and get you an answer before you commit to anything.

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Not stated

Basketball hoops

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Conditional

Yard signs

One sign is allowed: a for-sale sign of not more than five square feet. Apart from that, no sign of any kind may be displayed to public view on a lot, with a separate exception of any size for a builder or the developer advertising during the construction and sales period. The document does not address political, contractor, security or other signs, so on its face they fall under the general prohibition.

No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale, or a sign of any dimension used by a builder or the Declarant to advertise the property during the construction and sales period.
Conditional

Street parking

Day-to-day parking is limited by a 48-hour rule and a garage rule. No motor vehicle of any kind may be parked on a subdivision street, including the unpaved parts of the street, or on any owner's lot for more than 48 consecutive hours. A non-operating vehicle may not be parked, kept or housed on a lot at all unless it is entirely inside a garage. Recreational and commercial vehicles, including boats and trailers, have their own 48-hour limit in open areas. Every dwelling is required to have a full-size attached garage able to hold two cars. Driveways must be at least twelve feet wide and made of asphalt, brick or concrete, with asphalt and concrete both at least four inches thick; stone and cinder driveways are prohibited. The document does not say how overnight guest parking is handled, so ask the association.

No motor vehicles of any kind or description shall be parked on the street of the subdivision, including any unpaved areas of the street, or any lot of any owner for more than 48 consecutive hours.
✗ Not allowed

Running a business from home

The covenants restrict a lot to use as a single-family residence and state that no commercial activities of any kind may be conducted on it. That wording has no carve-out for a home office, a business with no customers coming to the house, or a licensed day care, and the declaration repeats the commercial theme elsewhere by barring pets kept for commercial purposes and garden produce raised for commercial purposes. The only commercial activity the document permits is the builder's and developer's own sales activity during construction. The single sign that is allowed is a for-sale sign, so there is no basis in the document for business signage. If you are planning to work from home here, get the association's written position before you rely on it.

No Lot or Lots shall be used for any purpose other than as a single-family residence and no commercial activities of any kind may be conducted thereon.
Not stated

Short-term rentals (Airbnb)

We don’t have this one confirmed yet — we can ask the association and get you an answer before you commit to anything.

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Conditional

Vehicle repair in the driveway

Vehicle repair is addressed directly and it is allowed only inside a garage. Any repairing, refurbishing, reconditioning or rebuilding of a motor vehicle of any kind has to take place entirely within a garage permitted under the covenants, so work in the driveway or on the street is not within the clause's permission. The same paragraph bars a non-operating vehicle from being parked or kept anywhere on a lot unless it is entirely inside a garage. A separate waste clause requires automotive and other mechanical parts not in use to be stored inside the house or an enclosed accessory building such as a garage, and specifically forbids storing them outside. The document sets no time limit on how long a repair may take.

Any repairing, refurbishing, reconditioning, or rebuilding of motor vehicles of any kind or description must take place entirely within a garage permitted herein.
Conditional

Trash & recycling containers

Trash, garbage and other waste may be kept only in sanitary containers, and the containers and any disposal equipment have to be kept clean and sanitary. A lot may not be used as a dumping ground for rubbish, grass clippings or other landscaping debris. Waste is defined broadly to include discarded household furniture, appliances, building materials, tools, toys, automotive and other mechanical parts and household fixtures that are not in use, and storage of those items is restricted to inside the house or an enclosed accessory building such as a garage, with exterior storage specifically forbidden. Garbage pickup service is selected by the Architectural Control Committee and is limited to one day a week, so owners here do not pick their own hauler. Burning household trash or garbage is prohibited indoors and out, with or without an incinerator. The document does not say where containers may sit between pickups or when they may go to the curb.

Trash, garbage, and other waste shall be kept only in sanitary containers, and all equipment for storage or disposal of such materials shall be kept in a clean and sanitary condition.
Conditional

Grilling & outdoor cooking

The covenants never mention a grill, a barbecue or a fire pit in either direction. The only burning clause is about waste: burning household trash or garbage is prohibited, indoors or out, whether or not an incinerator is used. On the face of that wording a contained cooking fire is not what is being prohibited. The document also contemplates recreational burning indirectly, by requiring firewood and other materials used for heating or recreational purposes to be kept inside a building or covered and screened with plantings so they are not visible to neighbors, in line with Architectural Control Committee requirements. Local fire and open-burning rules apply separately from the covenants, and the board can adopt its own rules, so confirm with the association before putting in anything permanent.

No burning, whether indoors or out, of household trash or garbage shall be permitted whether or not incinerators are used.
Conditional

Clotheslines

A permanent above-ground clothes line, and any visible support for one, may not be erected, maintained or established on a lot. A portable or umbrella-type line may be used, but only for a short period of daylight, may not be placed in a front yard, and may not be left standing overnight. The document does not define how short a short period is.

No permanent above ground clothes lines or visible supports shall be erected, maintained or established on any lot within the subdivision. Portable or umbrella type may be used only for short period of daylight time.
Not stated

Flags & flagpoles

We don’t have this one confirmed yet — we can ask the association and get you an answer before you commit to anything.

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Not stated

Window coverings & decorations

We don’t have this one confirmed yet — we can ask the association and get you an answer before you commit to anything.

We can find out →

Where these answers come from

The documentThird Amended and Restated Declaration of Protective Restrictions, Covenants, Limitations and Easements for Brynnwood Villas Section One, in Osolo Township, Elkhart County, Indiana - Elkhart County instrument 2008-17975, made 16 July 2008
Recorded asThird Amended and Restated Declaration of Protective Restrictions, Covenants, Limitations and Easements for Brynnwood Villas Section One - Elkhart County instrument 2008-17975, made 16 July 2008 by Larea L.L.C. and notarized in Elkhart County the same day. This is the text every answer on this page is read from.
Declaration of Protective Restrictions, Covenants, Limitations and Easements for Brynnwood Villas Section One - recorded 30 August 2001 as Elkhart County instrument 2001-27420. Amended and restated in its entirety by the 2008 instrument above; the original is not in the file.
Amendment to Restrictions, Covenants, Limitations, and Easements for Brynnwood Villas Section One - recorded 28 June 2006 as Elkhart County instrument 2006-18764. Superseded by the 2008 restatement; not in the file.
Second Amendment to the Restrictions, Covenants, Limitations and Easements for Brynnwood Villas Section One - recorded 30 April 2007 as Elkhart County instrument 2007-11430. Superseded by the 2008 restatement; not in the file.
First Amended Code of By-Laws of Brynnwood Villas Homeowners Association, Inc. - bound into the recorded 2008 instrument above.
Second Amended Code of By-Laws of Brynnwood Villas Homeowners Association - a later version, on file as an unstamped and undated copy. It is the document that names a more recent Amended and Restated Declaration covering Section One and Section Two.
How it was readRead in full from the document's own digital text layer, with the recorder's stamp and instrument number 2008-17975 read off the scanned recorded copy of the same instrument. The recorded scan also carries the First Amended Code of By-Laws of the Brynnwood Villas Homeowners Association, and a later Second Amended Code of By-Laws is on file separately; both were read for anything affecting the answers.
The associationThere is an association: the Brynnwood Villas Homeowners Association. Every owner of a lot becomes a member when the deed is recorded and stops being one when the lot is sold. There is one class of membership and one vote per lot, however many people hold an interest in it, and a member who is behind on assessments may not vote on any association matter while the payment is delinquent. What the association maintains. It is responsible for the common areas - maintenance, repair, replacement, administration and operation - and it provides snow removal from sidewalks and driveways under guidelines it adopts. It does not maintain the interior or exterior of any house, the water supply line, the heating or air conditioning system, the sewer lines, or any breaking or cracking concrete or asphalt. Each owner is responsible for the outside of their own home, including siding, roof, gutters, plumbing fixtures, sewer lines, heating and air conditioning, the driveway, sidewalks and exterior lighting, and carries their own insurance on the lot and dwelling because the association insures none of it. Each dwelling has an independent sprinkler system with the controls outside, and the association may set watering intervals, periods and times of day and may turn the water on if it has been shut off. If the association gives an owner written notice of a needed repair on the exterior or the lot and the owner does not act within 30 days, the association may do the work and charge the owner for it. Who approves and who enforces. An Architectural and Landscape Control Committee of three people is the approval gate for house plans, landscaping plans, the choice of builder, fences, pool fences, dog runs, gazebos, mailbox design, antenna and satellite dish placement and any change to the outside of a home. Its approvals and disapprovals are in writing, and the declaration says its decision is entirely within its discretion while also requiring it to act promptly and apply consistent standards. The board of directors may adopt further rules and regulations by majority vote and has to send copies to all owners, so there can be rules in force that are not in the recorded documents. Ask for the current ones. What happens on a violation. Enforcement is by civil action for damages, by injunction, and by the right to have an offending structure removed by due process of law. That right belongs to the developer, the association and every lot owner, so a neighbor can enforce as well as the board. If a lot owner, the association or the developer hires a lawyer to enforce, all costs of enforcement including reasonable attorney fees are charged to the owner in violation, and the enforcing party gets a lien on that lot to secure them, enforced the way a mechanic's lien is under Indiana law. These documents contain no schedule of fines and no forfeiture of title. Assessments. Owners pay a regular assessment, set by the annual budget the members adopt at the annual meeting, in advance in equal monthly installments beginning January 1 and continuing on the first of each month. At closing a buyer owes three months of assessments plus the prorated part of the closing month. The board may also levy a special assessment, equal on every improved lot, by resolution and without a meeting or vote of the owners; unimproved lots are not subject to special assessments. Anything unpaid bears interest at 12 percent a year, and the board may declare the whole remaining balance due and record a notice of lien against the lot, which has the force of a mortgage lien and picks up attorney fees, title expenses, interest and collection costs. The recorded documents name no dollar figure. A seller's disclosure form from a 2025 sale in the neighborhood reports recurring dues of $163 a month - that is one seller's statement about one home rather than a recorded amount, so confirm the current assessment, and whether any special assessment is coming, with the association. Developer control. The developer, Larea L.L.C., ran the association until a turnover date defined as the first of three events: a recorded turnover of control, the developer no longer owning any lots in Brynnwood Villas Sections 1 and 2, or December 31, 2008. Within 30 days of that date the owners were to elect a board. The later Second Amended Code of By-Laws on file no longer carries the developer's assessment carve-outs, and it is written for an association the owners run.

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