What the recorded documents actually say about Coppergate in Elkhart — fences, sheds, pools, pets, parking and the rest — with the part of the document each answer comes from.
9 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 Coppergate's two 1995 amended and restated covenants, which replaced every earlier set recorded for the subdivision. Instrument No. 95 007428 restates the covenants for Phases I through IV and runs with lots 2 through 42. Instrument No. 95 007429 restates the covenants for Phase V and runs with lots 43 through 51. Together they cover lots 2 through 51, and on all 22 topics here the two instruments read the same, so one set of answers serves the whole subdivision; where they differ it is in minimum house size, which is not a topic on this page. Both were recorded in Elkhart County in March 1995 and both attach the association's Articles of Incorporation and By-Laws as an exhibit.
Every page of both governing instruments was read in full from the scanned county record, along with the association's Articles of Incorporation and By-Laws and the earlier Phase I, Phase Four and Phase Five covenants they replaced. Two further scanned copies held in the county record were read as well, so these answers rest on the complete recorded text of both instruments rather than on an excerpt of it.
Two things to check rather than assume. Many approvals in these covenants run to the developer, Fireside Homes, Inc., or his duly appointed agent, and the documents do not say who holds that approval role now that the subdivision is long built out, so ask the association who signs off today. And the By-Laws let the board adopt further rules and regulations that are not part of the recorded covenants, so a current rule can exist that these answers cannot show.
Lot 1 appears in neither instrument's lot range. If the home you are looking at is lot 1, ask the title company which covenants run with it. For the governing text itself, order copies of the two instruments from the Elkhart County Recorder.
In front of the rear building line of the main house, the only fence allowed is a decorative one up to two feet six inches, and chain link or wire fencing in front of that line is specifically forbidden. Behind that line the paragraph states a maximum height of six feet. All fencing also needs written consent from the adjoining property owners, and where no homes have been built on the adjoining lots the developer has the final say. The recorded sentence runs the two heights together without cleanly separating which applies where, so confirm the reading with the association before building.
A storage shed or garden shed needs the prior written consent of all contiguous residential property owners, and that consent is not to be unreasonably withheld. The structure must be of high quality, built in a workmanlike manner and kept that way. Where no homes have been built on adjoining lots the developer has the final say. A separate paragraph also bars any out building placed without the prior written consent of the owners of all real estate within two hundred feet of the lot boundary, and no detached outbuilding or garage may go up before the house itself is built.
Boats, boat trailers, travel trailers, pickup campers, truck-mounted coaches, motorized dwellings and tent trailers may be parked or stored on a lot in a carport, in an enclosed building, or behind the nearest portion of the house to the street. Outside those places the paragraph allows up to 24 hours on the lot while loading or unloading. None of this equipment may be used for living, sleeping or housekeeping anywhere in the subdivision. A separate paragraph adds that no vehicle or trailer without current license plates may be parked or stored on a lot except inside a completely enclosed building.
The documents address pool houses, bath houses and an enclosed pool, and each needs the prior written consent of all contiguous residential property owners, which is not to be unreasonably withheld. Such structures must be high quality and kept in attractive, workmanlike condition, and where no homes have been built on adjoining lots the developer has the final say. An open, unenclosed swimming pool is not clearly named either way, and the documents set no pool fence or barrier standard, so check both with the association and with the city on what local code requires.
All plans and grade levels must be approved by the developer or his duly appointed agent. A separate paragraph says no building shall be erected, altered, placed or permitted to remain on a lot other than a single family dwelling and a private garage for two to three cars, so an alteration falls within reach of that approval. The documents do not set out a review process, a list of changes that need approval, or any deadline for a decision, and the approval right is written to the developer rather than to the association, so ask the association who signs off today.
Satellite dishes may not be installed or erected on a lot until they are small enough to be placed inconspicuously in the yard, and the acceptable size and concealment are left to the developer or his appointed agent rather than written as a number. A separate paragraph bars exterior antennas mounted to a residence or on a lot unless the developer approves them in writing, and another bars wood poles on a lot for any purpose, antenna poles included. Because no size is written down, ask the association what standard it applies now.
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 →Each owner must have a landscaped and seeded or sodded yard within four months after the residence is completed, and every lot must be mowed, trimmed and free of debris at all times whether or not it is built on. Grading, planting, sodding or surface covering between the front lot line and the outer edge of the street is restricted where it would reduce or impede storm drainage, and an owner who alters the drainage can be held personally liable for resulting damage. The By-Laws also let the board arrange lawncare and charge the cost to the owner.
Each home must have a brick mailbox with a copper top, of the same design and type the developer specifies. The documents carry no drawing or dimensions, so ask the association for the current specification before replacing one.
Personal pets are permitted only when confined to the owner's premises or walked off the premises on a leash, and letting a pet off the property unleashed is forbidden. Boarding or housing more than two pets of the same kind is forbidden. Animals and poultry generally may not be kept or housed in the subdivision, and commercial animal activity such as selling or buying poultry, fowl, domestic animals or livestock is barred. No breed is named anywhere, and no paragraph sets a total pet count across different kinds.
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 →A basketball hoop or backboard may not be attached to the house, but it may be attached to a metal pole placed in an appropriate location on the lot. A separate paragraph bars wood poles on a lot for any purpose, basketball goal posts included, so the pole has to be metal. The documents do not say who decides what location is appropriate.
Signs displayed to public view on a lot are limited to one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, and builder or developer signs during construction and the initial sale period. Anything else displayed to public view falls outside what the paragraph allows. Political, contractor and security signs are not mentioned either way.
No vehicle or trailer of any kind, operative or not, that lacks current license plates may be parked or stored on a lot except inside a completely enclosed building. Accumulations of old automobiles or junk are barred anywhere in the subdivision. Recreational equipment has its own rule limiting it to a carport, an enclosed building or the area behind the nearest part of the house to the street, with a 24 hour allowance for loading. Nothing addresses how many cars may sit in a driveway, or on-street parking.
No manufacturing or commercial enterprise may be maintained on the property, with an exception only for model homes and homes used as temporary subdivision sales offices. The documents do not define commercial enterprise and do not address a home office with no customer traffic, employees or outside signage. The sign paragraph does allow one professional sign of up to one square foot, which sits awkwardly beside this ban, so anyone planning to work from home would do well to get the association's position in writing.
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 →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 →Trash, garbage and other waste must be kept only in sanitary containers, and the equipment for storing or disposing of it kept clean and sanitary. Waste is defined broadly to take in discarded furniture, appliances, building materials, tools, toys and automotive or mechanical parts not in use, and storing those items is restricted to inside the house or an enclosed accessory building such as a garage, garden shed or storage building. Exterior storage of them is specifically forbidden. Burning household trash, garbage or construction material is not permitted indoors or outdoors, with or without an incinerator. The By-Laws also let the board arrange uniform refuse collection and assess every owner for it.
The documents never mention a grill, a barbecue or outdoor cooking either way. What they do say is that no burning of any kind, indoors or outdoors, of household trash, garbage or construction material is permitted whether or not an incinerator is used, which on its face reaches burning waste rather than cooking food. A separate paragraph bars exposed fuel tanks installed on a lot, which may matter for a large propane tank. Since the covenants are silent on grills, the board's own rules are the place to check.
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 →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 →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 →Tell us the question and we will get you the answer from the recorded documents.