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Country Creek

What the recorded documents actually say about Country Creek in Goshen — 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 come from the recorded restrictive covenants for Country Creek in Elkhart County, filed with the Recorder on May 17, 2001 as instrument 2001-13849, together with the homeowners association Articles of Incorporation and By-Laws recorded alongside them as instruments 2001-13850 and 2001-13851. The covenants were read in full from the complete recorded scan on file rather than from a shortened extract, and the numbered restrictions run unbroken from 1 through 45 with none missing in between.

By their own words these covenants apply to lots one through thirty in the Country Creek Subdivision in Goshen. The recorded plat also refers to a lot numbered 31, which that lot range does not include, so anyone buying outside lots one through thirty should ask the Recorder or the title company what governs that parcel.

Nothing on file here changes the 2001 text, and no amendment turned up among the documents available. The covenants let owners holding at least seventy-five percent of the lots record changes, so a later amendment could exist that is not in this set; the Recorder or your title company can confirm. Two of the copies that circulate with listings are retyped, unstamped versions rather than county records, and the answers above were taken from the stamped recorded copy instead.

The recorded plat adds two things the covenants themselves do not say. The subdivision sits in a farming community, and lot owners are barred from objecting to any farming operation, farm or farmer within a two mile radius. Portions of some lots lie within the 100 year flood boundary of the Pine Creek, where no buildings or structures may be constructed.

What you can build and change

Conditional

Fences

Fencing is allowed with limits and with written permission. In front of the rear building line of the main house, only a decorative fence up to two feet six inches is permitted, and chain link or wire fence is specifically forbidden there. Rear yard fencing may go up to six feet. All fencing needs written consent from the adjoining property owners and from the Architectural Control Committee; where no homes are built on the adjoining lots, the committee has the final say.

No fences, except decorative fence of a maximum height of two feet six inches (2'6”) will be permitted in front of the rear building line of the principal structure on any lot. Rear yard fencing may have a maximum height of six feet (6’). Use of chain link or wire fences in front of said line is specifically forbidden.
Conditional

Sheds & outbuildings

A storage shed or garden shed is allowed only with the prior written consent of all adjoining residential property owners, and the document says that consent is not to be unreasonably withheld. A separate restriction says no outbuilding of any kind may be placed in the subdivision without that same neighbor consent plus the written approval of the Architectural Control Committee. Any such structure must be high quality, built in a workmanlike manner and kept attractive, and a detached outbuilding or garage may not go up before the house itself is built. Where no homes are built on the adjoining lots, the committee has the final say.

No storage sheds, garden sheds, pool or bath houses, or any other accessory building or endosed pool shall be permitted without the prior written consent of all Contiguous residential property owners which consents shall not be unreasonably withheld.
Conditional

RVs, boats & trailers

Campers, boats, boat trailers, travel trailers, pickup campers, motorized dwellings and tent trailers are grouped as major recreational equipment. They may not be parked or stored on a lot except in a carport, in an enclosed building, or behind the nearest portion of a building to the street, and they may sit on a lot for up to 48 hours for loading or unloading. So the document does not ban keeping one at home; it limits where it may sit. None of them may be used for living, sleeping or housekeeping while parked anywhere in the subdivision. A separate restriction adds that a trailer of any kind without current license plates may only be kept in a completely enclosed building.

No major recreational equipment (for purposes of these restrictions, major recreational equipment is defined as including boats, boat trailers, travel trailers, pickup campers, or coaches designed to be mounted on automotive vehicles, motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not) shall be parked or stored on any lot except in a carport or enclosed building or behind the nearest portion of a building to a street, provided however, that such equipment may be parked on a lot for a period not to exceed 48 hours during loading or unloading
Conditional

Swimming pools & hot tubs

The restriction names pool or bath houses, any other accessory building, and an enclosed pool, and says none may be placed without the prior written consent of all adjoining residential property owners, which is not to be unreasonably withheld. Read closely, it reaches pool structures and enclosed pools; it does not plainly name an open, unenclosed swimming pool either way, so a buyer planning one may want to ask the association and the committee before relying on that gap. Where no homes are built on the adjoining lots, the Architectural Control Committee has the final say.

No storage sheds, garden sheds, pool or bath houses, or any other accessory building or endosed pool shall be permitted without the prior written consent of all Contiguous residential property owners which consents shall not be unreasonably withheld.
Conditional

Exterior changes & additions

There is architectural control. Plans and grade levels must be approved by the Country Creek Architectural Control Committee before any excavation work, and the committee is given the right to require exterior details such as steeper roof pitches, porches or trim details to keep homes consistent in value with others built or proposed in the subdivision. The wording is aimed squarely at building a house; later changes reach the committee through the specific items that name it, which are outbuildings and sheds, fencing, exterior antennas, satellite dish concealment and the location of the post light. The committee was originally the developer or his appointed agents, so ask the association who approves today.

All plans and grade levels shall be approved by the Country Creek Architectural Control Committee prior to any excavation work.
Conditional

Satellite dishes & antennas

Satellite dishes are limited rather than banned. The document permits dishes of 20 inches or smaller that can be visually concealed from the street, and says the acceptable concealment is to be set by the Architectural Control Committee. It also anticipates allowing dishes once they become small enough to sit inconspicuously in the yard. Separately, no exterior antenna may be mounted on a house or lot without the committee's written approval, and no wood utility pole may be put up for any purpose including an antenna pole. This language was written in 2001, so how it is applied now is worth confirming with the association.

No television or communication satellite dishes are permitted to be installed or erected on any lot except for 20” or smaller dishes that can be visually consealed from the street or until such time that they are small enough to be placed inconspicuously in the yard. The acceptable concealment shall be established by the A.C.C. or its duly appointed agent.
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.

We can find out →
Conditional

Landscaping, trees & gardens

Landscaping is required rather than restricted. Each property owner must have a landscaped and seeded or sodded yard within four months after the residence is finished, and every lot must be mowed, trimmed and free of debris at all times, whether or not a house is on it. One limit: nothing may be graded, planted, sodded or surfaced between the front lot line and the outer edge of the street in a way that reduces or impedes storm drainage, and an owner who alters the drainage can be held personally liable for the damage.

It shall be required that each property owner shall have a landscaped and seeded or sodded yard within four (4) months after completion of the residence.
Conditional

Mailboxes

The mailbox is not the owner's choice. Each home must have a mailbox of the same design and type as specified by the developer. The document sets no design itself and names no current source, so ask the association what the standard box is now.

Each home constructed must have a mail box of the same design and type as specified by the developer.

How you can live here

Conditional

Pets

Household pets are allowed with conditions, and farm animals are not. The document bars animals or poultry from being kept or housed in the subdivision and bars any commercial activity in animals or livestock, then permits personal pets so long as they stay on the owner's property or are on a leash off it. Letting a pet off the property unleashed is called strictly forbidden, and so is boarding or housing more than two pets of the same kind. There is no breed restriction anywhere in the document.

Personal pets will be permitted only when confined to owner's premises or when waiking off the premises on a leash. The practice of allowing pets to leave the premises unleashed is strictly forbidden. Boarding or housing of more than two pets of the same kind is strictly forbidden.
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.

We can find out →
Conditional

Basketball hoops

Basketball goals are addressed directly. No hoop or backboard may be attached to a house, but a hoop and backboard may be attached to a metal pole placed in an appropriate location on the lot. A separate restriction bars wood poles on a lot for any purpose, basketball goal posts included, so the pole has to be metal. The document does not say who decides whether a location is appropriate.

No basketball hoops or backboards shall be attached to houses; however basketball hoops and backboards may be attached to metal poles placed in appropriate locations on the lot.
Conditional

Yard signs

Yard signs are tightly limited. Nothing may be displayed to public view on a lot except a 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 signs the builder or developer used during construction and the initial sale period. Political, sports and seasonal signs are not mentioned either way.

No sign of any kind shall be displayed to the public view on any lot except on professional sign of not more than one square foot in area, one sign not more than five square feet advertising the property for sale or rent, and signs used by builder or the developer to advertise the property during the construction and initial sale period,
Conditional

Street parking

Everyday parking of a licensed, working vehicle is not restricted. What is restricted is storing the rest: any automotive vehicle or trailer, working or not, that has no current license plates may only be parked or stored in a completely enclosed building. Recreational equipment has its own rule limiting it to a carport, an enclosed building or behind the nearest portion of a building to the street, with a 48 hour window for loading. The document also bars accumulations of old automobiles or junk anywhere in the subdivision, and bars outdoor storage of automotive and other mechanical parts, which must be kept inside the house or an enclosed garage, garden shed or storage building.

No automotive vehicles or trailers of any kind or type or parts thereof, whether Operative or inoperative, without current license plates shall be parked or stored on any lot other than in completely enclosed buildings.
✗ Not allowed

Running a business from home

The document bars any manufacturing or commercial enterprise from being maintained on the real estate, with the only exceptions being model homes and homes used as temporary subdivision sales offices. A second restriction bars commercial activity of any kind, and the lots are limited to single family dwellings. The document does not define where a quiet home office with no customers, signage or deliveries falls, so an owner planning to work from home may want to ask the association how it reads that; the sign rule separately allows a professional sign of up to one square foot.

No manufacturing or commercial enterprise except model homes or homes used as temporary subdivision sales offices shall be maintained upon said rea) estate.
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.

We can find out →
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

Trash and waste must be kept only in sanitary containers, and all equipment for storing or disposing of it kept clean and sanitary. The document defines waste broadly, including discarded furniture, appliances, building materials, tools, toys and automotive or mechanical parts, and requires all of it to be stored inside the house or inside an enclosed garage, garden shed or storage building. Exterior storage of those items is specifically forbidden. Burning household trash, garbage or construction material is not permitted indoors or outdoors, incinerator or not. The association By-Laws also let the Board arrange uniform refuse collection on the same day for everyone and assess the cost to all owners.

Trash, garbage, and other waste shall be kept only in sanitary containers, all equipment for the storage or dispose! of such material shall be kept in a clean and sanitary condition, The term waste shall include but not be limited to all discarded household furniture, appliances, building materials, tools, toys, automotive, and other mechanical parts, other household fixtures and equipment of parts thereof which are not in use within the owner's premises. Storage of such items shall be specifically restricted to the area within the principal residential building or to enclosed accessory buildings such as garages, garden sheds, and storage buildings. Exterior storage of such items is specifically forbidden.
Conditional

Grilling & outdoor cooking

No document here names a grill, either to allow one or to ban one. The only fire-related rule bans burning household trash, garbage or construction material, indoors or outdoors, whether or not an incinerator is used. On the face of that wording the object is waste rather than fire generally, so a contained cooking grill does not appear to be what it reaches. That is a reading of a clause written about rubbish, not a permission the document grants, and an owner who wants certainty can ask the association.

No burning of any kind, whether indoors or outdoors, of household trash, garbage, or construction material shall be permitted whether or not incinerators are used.
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 documentRestrictive Covenants For Country Creek, recorded in Elkhart County on May 17, 2001
Recorded asInstrument 2001-13849 - Restrictive Covenants For Country Creek, recorded May 17, 2001
Instrument 2001-13850 - Articles of Incorporation of Country Creek Homeowner's Association, Inc.
Instrument 2001-13851 - By-Laws of Country Creek Homeowner's Association, Inc.
How it was readThe county copy on file is a scan of paper with no digital text, so it was read by optical character recognition. Every page was read from the complete scan rather than from a shortened extract, and a second, cleaner scan of the same recorded filing was used to settle wording the first scan garbled, including the minimum floor areas and the satellite dish size.
The associationThere is an association. Country Creek Homeowner's Association, Inc. was incorporated in February 2001 as an Indiana nonprofit mutual benefit corporation, and its Articles of Incorporation and By-Laws were recorded with the covenants. Fireside Homes, Inc. is named as the developer and declarant. Membership is automatic: the owner of each lot becomes a member on purchase, with one vote per lot, and each lot has only one owner for voting purposes. What it maintains. The association owns and maintains any designated common areas. The documents list lawn care, signage, mowing, snow plowing, sprinkling, entrance area and pond maintenance, walking trails and mounds, and say the association generally supervises the appearance of the subdivision, its lots and its dwellings, and resolves disputes among lot owners. The recorded plat says the common area is owned in common by all lot owners in equal and undivided shares and is maintained by the association. Who decides. A Board of three directors runs it, elected annually; the members may set the number anywhere from three to seven by a three quarters vote. Board meetings are open to any owner, and forty percent of the total votes is a quorum at a members meeting. A separate Architectural Control Committee approves plans and grade levels before excavation, outbuildings, sheds and pool or bath houses, fencing, exterior antennas, the concealment standard for a satellite dish, and the location of each house post light. The committee was originally the developer or his appointed agents; ask the association who sits on it now. Money. The By-Laws set a one time assessment of $100 against each new lot purchased after March 1, 2001, applied to cleaning and maintaining the streets, and give an initial estimate of the monthly maintenance fund requirement of $15.00 per month per lot, billed quarterly. Those are 2001 figures written at the start of the subdivision and are unlikely to be what is charged now, so ask the association for the current dues. A special assessment larger than five times the most recent monthly assessment, or larger than $250, needs a three quarters vote of the ownership at a meeting called for that purpose. The Board must estimate the next year's costs each year before November 1 and notify every owner in writing by November 15. What happens on a violation. The covenants let the developer, its successors and assigns, and any lot owner bring an action at law or in equity to stop a violation or recover damages, and they state there is no right of reversion or forfeiture of title. The By-Laws vest the right to enforce by injunction in the association, allow a civil action for damages, make the member being enforced against responsible for the costs including reasonable attorney fees, and let the association file a notice of intention to hold a lien against that lot, enforceable the way a mechanic's lien is under Indiana law. Separately, an owner who thinks the appearance or maintenance of any part of the property is unacceptable may put the dispute to the Board, which is to hear it within a thirty day period, and the Board's determination is stated to be final. How long it lasts. The restrictions run with the land for twenty five years from recording and then extend automatically in successive ten year periods unless a majority of the subdivision's homeowners record an instrument changing them. For the first fifteen years the developer and the Board could amend them; after that it takes owners of at least seventy five percent of the lots.

Ask us about Country Creek

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