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Canterbury Woods

What the recorded documents actually say about Canterbury Woods in South Bend — fences, sheds, pools, pets, parking and the rest — with the part of the document each answer comes from.

3 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 four documents, and it is worth knowing which is which, because they do not all carry the same weight.

The main one is the recorded Declaration of Protective Covenants and Restrictions Applicable to the Recorded Plat of Canterbury Woods, filed in St. Joseph County on January 8, 1996 as Document No. 9600565. A First Amendment followed on January 31, 1996, Document No. 9603676, and it matters for scope rather than for rules: it states that the restrictions do not apply to Lots One, Two and Three of the recorded plat. If the home you are looking at is one of those three lots, most of what is on this page does not govern it.

Lot Two was afterward replatted as Canterbury Woods Section Two, which has its own recorded declaration, filed January 22, 2001 as Document No. 0103027 and amended September 30, 2004. Those restrictions are close to identical to the 1996 set, and the differences are small: a two story limit instead of two and a half, a minimum finished habitable area of eighteen hundred square feet instead of sixteen hundred for a bi-level, tri-level or two-story house, an added exception allowing horses on tracts of five acres or more, and no paragraph about seawalls or boat shelters. The 2004 amendment records that the owners of Lots 21, 22, 23, 24 and 26 are members of the association and the owner of Lot 25 is not. Ask which section and which lot number the home sits on before relying on any single answer here.

The fourth document is not a recorded instrument. It is the association's own four page Summary of Protective Covenants and Restrictions and Association Services dated August 1, 2018, with an addendum dated August 21, 2018 and a further addendum dated October 2020. It describes itself as excerpts from the recorded declaration, and in several places it is wider than the declaration it summarises. The association document bans ancillary buildings, bans swimming pools of any kind, bans renting, subletting and loaning of homes, and allows satellite dishes up to twenty-four inches, while the recorded declaration says nothing about ancillary buildings or leasing, bans only above-ground pools, and allows dishes under nineteen inches. Where the two differ, this page gives both and says which document each rule comes from. An association rule and a recorded covenant are not the same thing, and nothing in the file shows that these addenda were ever recorded.

All four are scans of paper with no digital text, so they were read by optical character recognition and individual words can be misread. Pages were checked against the scanned images wherever a number or a date drove an answer.

Before you rely on any of this for a specific house, order a current title commitment and have the title company or the Recorder search for anything filed after 2004, in particular any recorded amendment covering leasing, pools or outbuildings. Ask the association in writing for its current rules and regulations, the current assessment, and whether the board has adopted anything since October 2020.

What you can build and change

Conditional

Fences

Fences are limited rather than banned, and the limit is about sight lines and how close to the street a fence may sit. The recorded declaration says no screen planting or fence over thirty-six inches high may be placed closer than twenty-five feet to the street right-of-way, and on a corner lot nothing between two and six feet above street level may obstruct the sight triangle formed by the street property lines and a line joining them twenty-five feet from the corner. The same sight limit applies within ten feet of where a driveway meets the street. Walls installed by the developer are excepted. The association's October 2020 addendum restates that rule and then adds two exceptions: fencing on the property line between association property and non-association property, and privacy fencing against the home or garage that allows for waste can storage. Both exceptions require the Board of Directors to review and approve the proposed fencing first, so plan on submitting it before you build.

There are two exceptions to this rule: a) Fencing is allowed on the property line between HOA property and non-HOA property. b) Privacy fencing against the home or garage that allows for waste can storage is permitted. In these two exception cases, fencing is permitted only after the proposed fencing has been reviewed and approved by the Board of Directors.
✗ Not allowed

Sheds & outbuildings

The association's own summary of the covenants is flat on this: ancillary buildings may not be erected, installed or permitted on any lot or ease way in the subdivision. That wording reaches a storage shed. It is worth knowing where the rule comes from, because the two recorded declarations on file do not contain it. What they say is narrower, that no structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding may be used on a lot as a residence, temporarily or permanently. If you are planning a shed, ask the association for the current written rule and whether anything has been recorded since.

7. Ancillary buildings shall not be erected, installed or permitted on any lot or ease way in the Subdivision.
✗ Not allowed

RVs, boats & trailers

This is a flat ban on the lot, not a placement rule. The recorded declaration says no house trailers, motor homes, large trucks or boats or other offensive objects may be parked or located, temporarily or permanently, on any lot in the subdivision at any time. There is no loading window, no screening option and no permitted alternative named anywhere in the document, and it never mentions a garage in either direction. The association's 2018 summary repeats the same sentence. A separate paragraph of the recorded declaration also says no seawall or boat shelter may be erected on any lot. If your situation turns on a camper kept entirely inside a closed garage, the documents do not answer that, so get the association's answer in writing before you buy.

No house trailers, motor homes, large trucks or boats or other offensive objects. shalt be parked or located, either temporarily or permanently, on any of the lets in the Subdivision at any time.
✗ Not allowed

Swimming pools & hot tubs

The two documents do not agree on how far this reaches, so here is both. The recorded declaration bans above-ground swimming pools on any lot and says nothing about an in-ground pool. The association's 2018 summary goes further and says swimming pools of any kind are not allowed on any lot. That summary is the association's own restatement rather than a recorded amendment, so if an in-ground pool is the reason you are looking at the house, get the association's answer in writing and have the Recorder checked for anything filed after 1996.

16.Swimming pools, or any kind, shall not be allowed on any lot in the Subdivision.
Conditional

Exterior changes & additions

Written approval is required before building or altering. The recorded declaration says no building may be erected, placed or altered on a lot until the construction plans, the specifications and a plan showing where the structure will sit have been approved in writing for conformity and harmony of exterior design with the existing houses in the plat. It gives the reviewer seven days: if the committee does not approve or disapprove within seven days of submission, and no suit to stop the work has been started before it is finished, approval is treated as given. The declaration put that power in an architectural control committee named by the developer and ended that committee's authority on October 1, 2005 for the original plat, and on January 1, 2011 for Section Two, unless owners of seventy-five percent of the lots recorded an instrument appointing a successor. The association's 2018 summary says alterations are approved in writing by the Board of Directors, so in practice that is who to ask.

8. Buildings shall not be altered on any lot in the Subdivision until specifications are approved in writing as to the conformity and harmony of exterior design with existing structures in the subdivision by the Board of Directors.
Conditional

Satellite dishes & antennas

A small dish is carved out of an otherwise complete ban, but the two documents give different sizes. The recorded declaration bans any exposed exterior radio or television transmitting or receiving device on a lot, house or building, excluding satellite dishes under nineteen inches in diameter. The Section Two declaration uses the same nineteen inch figure. The association's 2018 summary says the exception is for satellite dishes under twenty-four inches. Either way a conventional antenna or tower is out and a small dish is the carve-out, but confirm which measurement the association enforces before you order an install.

No device of any type of exposed extefidr radio or television transmission or receiving devices cexcludliigZeacotlite dishes whose diameter is less than nineteen (19) inches) for;trans~ mitting or receiving radio or television signals may be erected,
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

Lawn care is the homeowner's job and there is a standard attached to it. The association's 2018 addendum says all exterior maintenance and improvements to the home are the sole responsibility of each homeowner, and that owners are responsible for maintaining their sprinkling system and watering their lawns when necessary to keep a healthy appearance. On top of that the recorded declaration limits planting in two places: nothing may be planted in a utility or drainage easement that would damage or interfere with utilities, change the direction of drainage flow, or obstruct or retard water moving through a drainage channel, and the owner maintains the easement area of the lot except for improvements a utility or public authority is responsible for. Trees may not remain inside the corner sight triangle unless the foliage line is kept high enough to keep the view clear. The association itself maintains the landscaping and entry areas.

1. All exterior maintenance and improvements to the home are the sole responsibility of each homeowner. They are responsible for the maintenance of their sprinkling system and watering their lawns when necessary to maintain a healthy appearance.
Not stated

Mailboxes

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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How you can live here

Conditional

Pets

Household pets are allowed, farm animals are not, and dogs have a leash rule. The recorded declaration says no animals, livestock or poultry of any kind may be raised, bred or kept on a lot, excepting dogs, cats or other household pets, provided they are not raised, bred or kept for any commercial purpose. No number limit and no size or breed limit appears anywhere in it. The Section Two declaration carries the same paragraph and adds an exception for horses on tracts of five acres or more, which is unlikely to matter at the lot sizes here. The association's 2018 addendum adds that all dogs must be leashed at all times when outside.

No animals, livestock ofGurtry of any kind shail be raised, bred or kept on any lot in the subdi¥ision, excepting dogs, cata or other household pets; provided, however, that they are not raised, bred or kept for any commercial purpoms?,
✗ Not allowed

Renting your home

Leasing is barred, and a buyer should know exactly which document does it. The ban is in the association's addendum, first issued August 21, 2018 and broadened in October 2020, which says there will be no renting or subletting or loaning of homes in the subdivision. It adds that homes may only be purchased by single families, that in the owner's absence only designated family members may live there with or without payment, that individuals paid by the owner such as house sitters are allowed, and that no entity, organization, business or other group may purchase a home. The two recorded declarations contain no leasing restriction at all, and the 1996 declaration appears to contemplate renting, since its sign paragraph permits one sign advertising the property for sale or rent. So on this file the ban is an association rule rather than a recorded covenant. If rental use matters to you, ask the association for the current written rule and have the title company search the Recorder for any amendment filed after these documents.

5. As of this notice, there will be no renting or subletting or loaning of homes in the Canterbury Woods Subdivision.
Not stated

Basketball hoops

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

Yard signs

One sign, and only for the reasons named. The recorded declaration says no sign of any kind may be displayed to public view on a lot except one sign of not more than five square feet advertising the property for sale or rent, plus signs a builder uses to advertise during the construction and sales period. The association's 2018 summary restates it with two changes: it names only a sign advertising the property for sale, and it allows a contractor sign during a remodeling period, to be removed when the job is finished. Neither document mentions political, security or other yard signs, which on this wording fall under the general ban rather than under the exception.

Wo sign of any kind shail be displayed to,the public view on any lot in the Subdivision, except one (1) sign offi ROTe than five (5) square feet advertising the property for eaie\or rent, or signe used by a builder to advertise the property during the construction and sales period.
Conditional

Street parking

Everyday cars are fine; where they sit is governed. The association's 2018 addendum says there is to be no long term parking of vehicles in the cul-de-sac, because emergency vehicles and snow plows cannot complete the turn, and that cars parked on the street are allowed for visitors and short term only. It does not define long term or short term, so that is a question for the board. Separately, the recorded declaration bans house trailers, motor homes, large trucks and boats from the lots entirely, and the house itself is allowed a private garage for not more than four cars.

2. No long term parking of vehicles in the cul-de-sac. It is difficult for emergency vehicles and snow plows to complete turns when vehicles are parked in the cul-de-sac. Cars parked on the street are allowed for visitors and short term only.
✗ Not allowed

Running a business from home

The use restriction is flat: no lot in the subdivision may be used other than for residential purposes, and the association's 2018 summary repeats it. A separate paragraph bans any noxious or offensive activity that may become an annoyance or nuisance to the neighborhood, and the pet paragraph bars keeping animals for a commercial purpose. What the documents never do is use the words home business, home occupation or office, or set up any approval route for one, so they do not tell you where a quiet work-from-home arrangement with no clients, no employees and no signage would land. If you need a definite answer for a specific business, put the question to the association in writing, and check South Bend's zoning as well, since the covenants are not the only rule that applies.

No lot in the Subdivision shall be used ovper than for residential purposes.
✗ Not allowed

Short-term rentals (Airbnb)

Short stays are covered by the same association addendum that bars leasing. Its October 2020 wording bans renting, subletting or loaning of homes, with no minimum term and no exception for a few nights, and it limits who may live in the house when the owner is away to designated family members, with or without payment. Individuals paid by the owner, such as house sitters, are allowed. Nothing in the two recorded declarations addresses short term rental at all, so as this file stands the rule comes from the association rather than from a recorded covenant. Confirm the current rule with the association before counting on any rental income.

5. As of this notice, there will be no renting or subletting or loaning of homes in the Canterbury Woods Subdivision. Homes can only be purchased by single families and, in the absence of the owners, only designated family members may reside on the property, with or without payment to the owner.
Not stated

Vehicle repair in the driveway

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 →
Conditional

Trash & recycling containers

Bins have to be out of sight except on pickup day. The association's addendum, as amended in October 2020, requires homeowners to store trash, recycling and yard waste bins in their garage, hidden in the back yard, or behind permanent privacy fences against the home or garage that the Board of Directors has approved, when the bins are not in the driveway for pickup. The recorded declaration adds that no lot may be used or maintained as a dumping ground for rubbish, that trash, garbage or other waste may not be deposited on a lot except in sanitary containers, and that any incinerator or other storage or disposal equipment must be kept in a clean and sanitary condition.

4. Homeowners are required to store their trash, recycling and yard waste bins in their garage, hidden in the back yard, or behind permanent privacy fences against the home or garage that have been approved by the Board of Directors, when not placed in the driveway for pickup.
Not stated

Grilling & outdoor cooking

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 →
Not stated

Clotheslines

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 →
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.

We can find out →
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 documentDeclaration of Protective Covenants and Restrictions Applicable to the Recorded Plat of Canterbury Woods, recorded January 8, 1996 as Document No. 9600565, as amended
Recorded asDocument No. 9600565, recorded January 8, 1996, St. Joseph County, Indiana (the 1996 Declaration, 12 pages)
Document No. 9603676, recorded January 31, 1996, St. Joseph County, Indiana (First Amendment, exempts Lots 1, 2 and 3)
Document No. 0103027, recorded January 22, 2001, St. Joseph County, Indiana (Declaration for Canterbury Woods Section Two)
First Amendment to the Section Two Declaration, recorded September 30, 2004, St. Joseph County, Indiana
Document No. 9516216, recorded June 1, 1995 (the recorded plat of Canterbury Woods)
Instrument No. 0049760, recorded October 24, 2000 (the recorded plat of Canterbury Woods Section Two)
How it was readAll of the covenant documents on file are scans of paper with no digital text, so they were read by optical character recognition, which can misread individual words. The recording stamps, instrument numbers and the dates on the association's addenda were checked by eye against the scanned page images. The declaration for Section Two had never been converted to text at all, so it was converted and read in full for this page.
The associationThe association is Canterbury Woods Homeowners Association, Inc., an Indiana not-for-profit corporation formed on January 30, 1996 by the developer, ROJO Development, Inc. Membership is automatic and not optional: every owner, by accepting a deed or contract for a lot, agrees to be a member and to be bound by the association's articles of incorporation, by-laws and rules and regulations. Membership ends when you stop owning, and it passes from seller to buyer on the recorded deed with no separate assignment. The 1996 declaration set up voting and nonvoting classes, with owners voting and any initial director or officer who was not an owner not voting; the Section Two declaration uses a single class, one vote per lot. The association's own 2018 summary says only one vote per household is allowed. What the association maintains is narrow. The stated purpose is maintaining the landscape and entry areas for the general benefit of all owners. Its 2018 addendum then states the other side of that line plainly: all exterior maintenance and improvements to the home are the sole responsibility of each homeowner, including maintaining the sprinkler system and watering the lawn. This is not a community where the association cuts your grass or fixes your roof, so budget for the house the way you would for any single family home. The board runs the association. The 1996 declaration left a developer-appointed initial board in place until October 1, 2000 or an earlier date the developer chose, and the association's 2018 summary describes a board made up of a president, vice president, secretary, treasurer and director of maintenance, so control has long since passed to the owners. On money, neither recorded declaration names a dollar figure. Assessments are whatever the board sets, and the 2018 summary repeats that the board establishes the amount each owner pays for maintenance and that nonpayment may bring a penalty. Unpaid assessments become a lien on the non-paying owner's lot. That lien is subordinate to a purchase money mortgage and is extinguished by a sheriff's sale arising out of a mortgage foreclosure or by a deed in lieu. Because no number appears anywhere in the file, get the current dues figure, the billing schedule and any outstanding balance on the specific lot from the association in writing before closing. Enforcement runs through the courts rather than through fines. Any owner, the association or the developer may sue at law or in equity to stop a violation or recover damages, and the right to enforce by injunction expressly includes the right to have a structure removed by due process of law. If counsel is employed to enforce the covenants, the owner the action is brought against pays the enforcement costs including reasonable attorney fees, and the person enforcing gets a lien on the lot for those costs, enforced the way an Indiana mechanic's lien is. The 2004 amendment for Section Two confirms the association has the same enforcement rights there as the owners and the developer. The covenants do not expire on their own. They ran to October 1, 2005 and then extend automatically for successive ten year periods unless an instrument signed by a majority of the then owners is recorded agreeing to change or end them. The developer held an exclusive right to amend, and to waive any part of the restrictions as to a particular lot, until the applicable date; after that, an amendment takes the owners of at least seventy-five percent of the lots, signed and recorded.

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