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Concord Grandview

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

7 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 were read from the complete scanned record on file rather than from a shortened copy, because the shortened copy left out about a tenth of the main document. They cover Concord Grandview, Section One, a 44-lot subdivision in Concord Township, Elkhart County. The rules come from the March 2015 restatement of the protective restrictions, recorded in Elkhart County as Document 2015-04133, together with all three later amendment sets, recorded as 2016-12878, 2017-13348 and 2021-12787. The original 2004 covenants are also in the county file but have been superseded by the 2015 restatement. One thing to watch when you get your own copy: a version circulating with listings here stops at the 2017 amendment and does not include the 2021 solar provision, so a packet handed to you may be missing rules that are in force. Several restrictions apply only to the pond lots, numbered 31 through 44, so check your lot number before relying on the shed, detached-building and pond answers. Nothing here covers a later section or phase. These covenants can be amended by a vote of fifty-one percent of the owners, and the dollar cap on dues was removed in 2017, so confirm the current recorded version and this year's dues with the association or your title company before you rely on any of it.

What you can build and change

Conditional

Fences

Fencing is limited to two kinds. A color-coated chain-link fence may not exceed four feet high, and a privacy fence is allowed only around an immediate patio and may not exceed six feet high. Either one has to match the architectural standards set by the style of home built and must be approved in writing by the Concord Grandview Architectural Control Committee, and the committee also has to approve the dimensions and exact position of any fence. The committee can grant a written variance from the fence requirement. A separate sight-distance rule bars any fence, wall, hedge or shrub that blocks sight lines between two and six feet above the roadway on a corner lot, within the triangle formed by the street lines and a line joining them twenty-five feet from the intersection, and within ten feet of where a driveway meets a street line.

7. Perimeter Fencing: The only fencing enclosures permitted shall be a color coated chain-linked fence, not to exceed four feet high (4’), or a privacy fence around an immediate patio of not more than six feet (6’) high and must conform to present architectural standards as set by the style of home built and be approved by the CGACC in writing, unless a variance from this fence requirement shall have been approved in writing by the CGACC or unless approved under paragraph 11 hereon.
Conditional

Sheds & outbuildings

A detached pet shelter, play house, accessory building, play structure or swimming-pool equipment structure has to be of quality construction, kept in attractive and neat condition, blend with the established home, and be submitted to the architectural control committee for approval before construction begins. The committee can require protective screening around it. There is one flat exception, and it turns on your lot number: on the pond lots, numbered 31 through 44, no accessory building, exterior building, detached garage, shed or any other structure is allowed at all, which the document ties to preserving pond visibility and the one forty-fourth pond interest each lot carries. A separate rule bars using a trailer, tent, shack, carport, garage, bar or other outbuilding as a residence at any time.

13. Detached Buildings: The construction and placement of any detached pet shelter, play house, accessory building, play structures or structure designed for swimming pool apparatus, or any other personal property must be of a quality construction, and must be maintained in attractive and neat appearance and blend with the established home and be submitted to the CGACC for approval before beginning construction. ... A. No accessory building, exterior building, detached garage, shed, or any other structure is allowed on the pond lots; lots #31 thru #44.
Conditional

RVs, boats & trailers

The recreational-vehicle paragraph names campers, trailers, trucks, ATVs, boats and snowmobiles, and says none of them may be kept in open areas in the subdivision, whether those open areas are on or off an owner's lot. The document never defines what counts as an open area, and that sentence says nothing either way about a garage. The sentences that follow in the same paragraph are about vehicles generally: none may be parked, kept, stored or otherwise maintained on any street or lawn area, none may be parked on a street between 2:00 am and 6:00 am, and anything parked overnight has to be entirely within a garage or driveway. So the ban is written against open areas, and the document does not spell out whether a camper or boat closed inside a garage is reached by it. If you are buying with a camper, a boat or a trailer, that is the question to put to the association in writing before closing.

23. Recreational and Commercial Vehicles Parking: No recreational or commercial vehicles (campers, trailers, trucks, ATVs, boats or snowmobiles) may be kept in open areas in this subdivision, whether such open areas are on or off the lot of any lot owner. No motor vehicles of any kind or description may be parked, kept, stored or otherwise maintained on any street or lawn area, nor may any vehicles be parked on any street between the hours of 2:00 o’clock am and 6:00 o’clock am. All vehicles to be parked overnight shall be located entirely within a garage or driveway.
Conditional

Swimming pools & hot tubs

Above-ground pools are not permitted. An in-ground pool may not be built or installed on any lot until the plans and specifications for it have been approved by the architectural control committee. A structure built to house swimming-pool equipment falls under the detached-buildings rule, which also requires committee approval before construction starts and lets the committee require screening around it, and on the pond lots numbered 31 through 44 no such structure is allowed. Any additional lighting fixtures for a pool or similar facility have to be presented to and approved by the committee as well.

11. Pools and Recreational Facilities: No above ground pools shall be permitted. In-ground pools and permanent or paved recreational and athletic facilities (including, but not limited to tennis, basketball and volleyball courts) may not be erected, built or installed on any lot unless and until the plans and specifications therefor have been approved by the CGACC.
Conditional

Exterior changes & additions

Nothing may be erected, constructed, placed, maintained or altered on a lot without the architectural control committee's approval, and that reaches changes to the natural topography as well as buildings. Plans have to show the floor plan, the quality of construction materials, the outside colors, how the external design sits with existing structures, and the location relative to lot boundaries, topography and finish grade. Two complete sets go in; the committee keeps one and returns one. Approval or disapproval comes in writing, and a denial has to state its reasons. Pavement of any kind needs approval, including parking and recreational surfaces. Before any clearing, digging or erecting, the committee is to be notified and given twenty-one days to review, and it may extend that period. The committee has five members appointed annually by the association. Chimneys are separately required to be masonry or exterior masonry veneer and maintained that way.

c. Architectural Control Committee: No building or other structure shall be erected, constructed, placed, maintained or altered on any Jot, nor shall the natural topographical alterations unless approved by the CGACC. The plans must show floor plan, quality of construction materials, outside colors to be used, harmony of external design with existing structures and location with respect of lot boundaries, topography and finish grade elevation.
Conditional

Satellite dishes & antennas

Outside above-ground television, AM, FM and short-wave radio antennas of any type are not allowed on any lot or structure. Eighteen-inch satellite dishes are allowed, on the condition that the dish is not conspicuously visible from the street or from adjacent homes. A later lettered item in the same paragraph adds that any dish, or any external antenna otherwise described, requires architectural control committee approval. All public utility service, including cable television, is required to run underground and not be visible. Federal rules on antenna placement can limit how far a private covenant like this one is enforceable, so this is worth raising with the association and your attorney if a dish matters to you.

No outside above ground television, a.m., f.m., or short wave radio antennas of any type shall be erected or maintained on any lots or structures in Concord Grandview. ... Eighteen inch (18”) satellite dishes shall be allowed provided it is not conspicuously visible from the street or adjacent homes.
Conditional

Solar panels

Solar is governed by a provision added in 2021, and it is detailed. No solar panel or other alternative energy source may be placed or kept on any property unless approved in advance by the architectural control committee, and each request is evaluated case by case on the home and lot location, the size, location and number of panels, and the anticipated aesthetic impact. The stated guidelines: roof-mounted panels are allowed as long as they are not visible from the street and sit less than 12 inches above the roof; motorized sun-tracking systems are allowed; system capacity is limited to 0.8 kilowatts per 200 square feet of home, which the document says reflects current technology and may change, though a worked example further down the same provision uses 0.768 kilowatts per 200 square feet; panel housing must be kept free of visible mold or rust; non-panel surfaces should be painted to cut reflection; land-mounted panels may be allowed as the technology advances; and lithium-ion storage batteries need containment to prevent groundwater contamination, rated UL9540. Wind, hydro and other alternative energy systems are stated as not approvable.

40. Solar Panels and Other Alternative Energy Sources. No solar panel or other alternative energy source shall be placed or maintained on any property unless approved in advance by the Architectural Control Committee. Each request to approve a solar panel or solar panels or any other altemative energy source will be evaluated on a case-by-case basis.
Conditional

Landscaping, trees & gardens

Every lot has to be kept in good orderly condition with landscaping in keeping with the pattern established in the subdivision, and no lot may be overgrown or weed infested. The requirement buyers most often miss here is the irrigation one: every lot must have an underground irrigation system capable of adequately watering all cultivated areas, kept in good working order and run enough to maintain proper growing conditions. That system may not draw from the pond. Yards have to be planted with grass, sod or ground cover within 120 days of the structure being completed or occupied, whichever comes first, unless the committee approves otherwise, and on wooded lots the area between the tree line and the curb must be planted and kept neat. Screen planting between the building setback line and the front lot line may not exceed seventy-two inches high. Vacant lots must be kept free of rubbish and weeds with grass at a reasonable length, and after ten days' notice to cure, the developer may do the work at the owner's cost.

Landscaping and Irrigation Systems: All lots shali be maintained in good orderly fashion, with appropriate landscaping in keeping with the pattern established in the subdivision. No lots shall be permitted to be overgrown or weed infested. All lots must have underground irrigation systems capable of adequately watering all cultivated areas; the systems must be maintained in good working order and operated sufficiently to insure proper growing conditions.
Conditional

Mailboxes

A mailbox goes in front of each home, placed for easy access to the mail and landscaped to look attractive. It has to be of similar design and materials to match the home, and it must carry the house numbers on both sides.

35. Mailboxes: Mailboxes shall be installed in front of each home, placed for easy access for mail and landscaped to be aesthetically pleasing. Said mailbox shall be of similar design and materials to match the home. The mailbox shall have numbers on both sides.

How you can live here

Conditional

Pets

Dogs, cats and other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose and are not allowed to become a neighborhood nuisance or hazard. Read the rest of that paragraph before you count on it: no vicious or attack-trained dog may be kept at any time on any lot, no pet may roam free off its owner's lot, and boarding or housing more than three pets of the same kind is forbidden. Livestock and poultry of any kind may not be raised, bred or kept. The nuisance paragraph names barking dogs specifically, and a 2016 amendment set out how a nuisance complaint is handled: a written complaint goes to the association, the board or its committee decides whether it has merit and is the final authority on what counts as a nuisance, and a continuing violation draws a written warning first and a referral to legal counsel second. A separate 2016 provision prohibits owners and visitors from feeding geese, ducks, swans or other waterfowl, while allowing the feeding of songbirds and other small insect-eating birds.

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes and are not permitted to become neighborhood nuisance or hazard in any manner. No vicious or attack trained dog may be kept at any time on any lot. No pet shall be allowed to roam free off its owner’s lot. A. Boarding or housing of more than three (3) pets of the same kind is forbidden.
Conditional

Renting your home

Renting out a home here is not free of the association. No lease of a dwelling unit may be entered into without the association's prior approval, and an approved lease may not run longer than one year. The documents do not describe how approval is requested, what standards the association applies, or how long a decision takes, so anyone buying to rent should get that process in writing from the association before closing. A separate line under the completion-dates paragraph states that no temporary buildings or rentals of any sort are permitted at any time; it sits among provisions about the building period, and the document does not say whether it is meant to be limited to that period.

10. Leases: No leases of any dwelling units may be entered into without the prior approval of the Association and no approved lease is permitted for duration of more than one (1) year.
Conditional

Basketball hoops

The documents do not use the word hoop, and they do not address a portable or driveway basketball goal either way. What they do address is a basketball court: permanent or paved recreational and athletic facilities, with tennis, basketball and volleyball courts named as examples, may not be erected, built or installed on any lot until the plans and specifications have been approved by the architectural control committee. A separate line in the architectural paragraph requires approval for pavement of any kind, including pavement for recreational use, and additional lighting fixtures for such a facility also need committee approval. Whether a freestanding portable goal falls inside or outside that language is not settled by the text, so it is worth asking the association.

In-ground pools and permanent or paved recreational and athletic facilities (including, but not limited to tennis, basketball and volleyball courts) may not be erected, built or installed on any lot unless and until the plans and specifications therefor have been approved by the CGACC.
Conditional

Yard signs

No sign of any kind may be displayed to public view on a lot, with stated exceptions: one sign of not more than five square feet advertising the property for sale, and signs of any dimension used by a builder to advertise the property for sale or during the construction and sales period. The architectural control committee reserves the right to put up signs of its own to promote the association. The document does not separately address political, security or contractor signs, and state or federal law can affect how far a sign restriction reaches, so check with the association on anything outside the for-sale exception.

15. Signs: No sign of any kind shall be displayed to the public view on any lot except one (1) sign of not more than five (5) square feet and advertising property for sale, or a sign of any dimension used by a builder to advertise the property for sale, or a sign of any dimension used by a builder to advertise the property during the construction and sales period.
Conditional

Street parking

Parking is one of the more specific sections here. No motor vehicle of any kind may be parked, kept, stored or otherwise maintained on any street or lawn area, and no vehicle may be parked on a street between 2:00 am and 6:00 am. Anything parked overnight has to be located entirely within a garage or driveway. The nuisance paragraph adds that no vehicles or trailers are permitted off pavement other than lawn maintenance equipment. Driveways themselves are regulated: stone and cinder driveways are not permitted, a driveway has to be concrete at least four inches thick and a minimum of twelve feet wide, and a circular drive in front of a home has to be at least eight feet wide. Each home is also required to have a private garage for not more or less than three cars, unless the architectural control committee unanimously approves an exception in writing.

No motor vehicles of any kind or description may be parked, kept, stored or otherwise maintained on any street or lawn area, nor may any vehicles be parked on any street between the hours of 2:00 o’clock am and 6:00 o’clock am. All vehicles to be parked overnight shall be located entirely within a garage or driveway.
✗ Not allowed

Running a business from home

The paragraph headed Home Occupations limits what a lot may be used for: no lot may be used for any purpose other than as a single-family residence. The dwelling paragraph is written the same way, allowing only a single-family dwelling of no more than two and a half stories plus a private garage. The document does not define home occupation any further, and it does not separately address an office or desk job inside the home that brings no customers, employees, signage or traffic to the lot. Read on its face, the restriction is on using the property for a non-residential purpose, so anyone planning to run a business from the home would do well to describe it to the association in writing and get an answer before closing.

B. Home Occupations: No lot or lots shal! be used for any purpose other than as a single-family residence.
Conditional

Short-term rentals (Airbnb)

The documents never use the words short-term, vacation or nightly rental, and they set no minimum stay. What governs is the lease paragraph, and on its face it reaches a short stay as much as a long one: no lease of a dwelling unit may be entered into without the association's prior approval, and an approved lease may not run more than one year. So the ceiling in these covenants is on length, while the gate is the association's approval. A separate line under the completion-dates paragraph says no temporary buildings or rentals of any sort are permitted at any time, which reads more broadly, though it sits among provisions about the building period and the document does not say how far it is meant to carry. If short-term renting is part of why you are buying, get the association's written position before closing rather than reading those two lines against each other.

10. Leases: No leases of any dwelling units may be entered into without the prior approval of the Association and no approved lease is permitted for duration of more than one (1) year.
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.

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Conditional

Trash & recycling containers

No lot, land or pond may be used or kept as a dumping ground for rubbish, grass clippings, leaves, tree limbs or compost. Trash, garbage and other waste may not be kept except in sanitary containers, and all equipment for storing or disposing of it has to be kept clean and sanitary. Burning waste is separately prohibited, covering trash, refuse, building materials, leaves, tree limbs, grass clippings and debris. Trash pickup is coordinated rather than left to each owner: it is all completed on one specified day of the week, chosen by majority vote of those present at association meetings. While a home is under construction, debris has to be contained so it does not litter neighboring property, and if it becomes a general nuisance the board may elect to clean it up at the lot owner's cost.

17. Garbage and Refuse Disposal / Open Burning Prohibited: No lot, land, or pond shall be used or maintained as a dumping ground for rubbish, grass clippings, leaves, tree limbs, or compost. Trash garbage or other waste shall not be kept except in sanitary containers. All equipment for the storage of disposal of such materials shall be kept in a clean and sanitary condition.
Conditional

Grilling & outdoor cooking

This is one of the few covenants in the county that addresses cooking fire directly. The paragraph first prohibits open burning on any lot, whether in incinerators, containers or otherwise, aimed at trash, waste, refuse, building materials, leaves, tree limbs, grass clippings and debris. Then it carves out an express permission: a homeowner may have a campfire or barbecue pit up to four feet in diameter, burning clean wood or charcoal, provided it does not present a fire hazard or a smoke nuisance to any property. The pit has to be in the backyard of the lot and positioned at least twenty feet from any adjoining lot. The document does not separately mention a gas grill or a portable charcoal grill, so the four-foot pit language is what it actually gives you.

No open burning shall be permitted on any lot, whether in incinerators, containers or otherwise. ... A. However, a homeowner shall be permitted to have a campfire (or barbecue) pit up to four feet (4’) in diameter for clean burning wood or charcoal provided it does not present a fire hazard or smoke nuisance to any property. ... The pit must be located in the backyard of the lot and positioned a minimum of twenty feet (20’) from any adjoining lot.
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.

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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.

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Where these answers come from

The documentConcord Grandview Home Owners Association Inc., Section One -- Protective Restrictions, Covenants, Limitations, and Easements, recorded as Document 2015-04133, with the three later amendment sets recorded as 2016-12878, 2017-13348 and 2021-12787
Recorded as2015-04133 (March 2015 restatement of the protective restrictions)
2016-12878 (first set of amendments, 2016)
2017-13348 (second set of amendments, 2017)
2021-12787 (third set of amendments, 2021)
2004-38229 (the original Concord Grandview covenants and plat, Plat Book 29 Page 78, superseded)
How it was readRead from the complete scan of the recorded county record, page image by page image, rather than from a shortened copy. Every numbered paragraph from 1 through 38 of the 2015 restatement was read in order with no gap, and the paragraph headings were checked against the document's own table of contents so that a rule lost to a bad scan would not be reported as a silence. The three later amendment sets were read in full, and the clauses carrying lot numbers, heights, distances and the solar capacity figures were re-read by eye off the page images to confirm the numbers.
The associationThere is a homeowners association here and it is active. The Concord Grandview Homeowner's Association, Inc. is an Indiana corporation, every lot owner is a member, and each lot carries one vote. The association meets at least once a year to organize itself and elect officers, and it adopts its own bylaws. Architectural matters run through a committee of five people appointed annually by the association, referred to in the documents by its initials. It approves plans for homes, detached buildings, fences, in-ground pools and paved recreational surfaces, exterior alterations and solar, and it must be notified and given twenty-one days to review before any clearing, digging or erecting. Approvals and denials come in writing, and a denial has to state its reasons. What the association maintains: the entrance and all street lighting, common areas including the pond and water feature, mowing and landscaping, and drainage and retention areas and structures. It may also own common pathways, signs, entryways, easements, trails and recreational facilities, and it may arrange security services at its discretion. The pond is a 3.83 acre common area and each owner of lots 1 through 44 holds an equal one forty-fourth interest in it. Lots 31 through 44 have exclusive use of the pond along their own shoreline; every other owner has use and access along the north fifty feet bordering the county road. No owner may draw water from, add water to, or redirect water around the pond, and no pier may be installed in, on or near it. On money, the figure you may see quoted is out of date and it matters. The March 2015 restatement capped total dues and assessments at one hundred seventy-five dollars per lot per year plus a one hundred dollar initiation fee on purchase. The Second Set of Amendments, recorded in 2017, rewrote that paragraph and removed the dollar cap. Under the current text, annual dues fund a budget covering things such as entrance improvements, the pond and water feature, mowing, landscaping, street lighting and security services, while assessments cover unexpected one-time expenses. The board reports each year on actual expenses, the change in the carryover fund and the proposed budget. Any change in annual dues, any assessment, and any change in the initiation fee must be voted on by the landowners and pass with a fifty-one percent majority. Because no current dollar figure appears in the recorded documents, ask the association or your title company for this year's dues, the initiation fee, and whether any assessment is pending. Unpaid dues and assessments are billed on a date the board sets and are due within thirty days. Amounts not paid become a charge against the lot enforceable in the same manner as a mechanic's lien, and they bear interest at twelve percent per year beginning thirty days after they come due, plus attorney's fees. That lien is subordinate to a first mortgage. A buyer or anyone dealing with a lot may rely on a certificate signed by the president or secretary showing what is due and unpaid, and the association cannot enforce a lien for charges accruing before that certificate unless the amount is shown on it. Asking for that certificate before closing is the practical protection. On enforcement, the covenants may be enforced by any lot owner and by the association, by injunction, by civil action for damages, and by causing removal of a structure through due process. If the association hires counsel to enforce, the costs including reasonable attorney's fees are charged to the owner the action is brought against, secured by a lien on the lot. A 2016 amendment added a nuisance process on top of that: any resident may file a written complaint, the president shares it with the board or its designated committee, the board gathers information and votes on whether the complaint has merit, and the board is the final authority on what constitutes a nuisance. Both sides are told the outcome. If the offending party is informed and continues, the first offense draws a written warning and the second is referred to legal counsel. The covenants can be amended by owners of at least fifty-one percent of the lots recording an amendment, which is how all three amendment sets came about, so confirm with the association that nothing newer has been recorded since 2021.

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