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Creekwood Villas

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

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

What you can build and change

Conditional

Fences

Perimeter fencing is barred unless the Architectural and Landscape Control Committee approves it in advance and in writing. The ban is written broadly: it names chain link, split rail, hedges and other growing fences, and then any other kind of fence.

No perimeter fencing of any type, including but not limited to hedges and other "growing fences", chain link fences, split rail fences or any other kinds of fences are permitted on a Lot, except as may be approved in advance in writing by the Committee.
✗ Not allowed

Sheds & outbuildings

Storage sheds and tool sheds are prohibited, along with any other outbuilding, temporarily or permanently. The same sentence bars trailers, tents, shacks, barns and detached garages. Awnings are handled separately and need Architectural Review Committee approval.

No structure of a temporary character, trailer, basement, tent, shack, garage, barn, tool shed, storage shed, or other outbuilding of any type or nature shall be used on any Lot any time, either temporarily or permanently.
Not stated

RVs, boats & trailers

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

Swimming pools & hot tubs

Above-ground pools and tennis courts are prohibited outright. Any other swimming pool may be built only after the Architectural and Landscape Control Committee gives prior written approval.

No tennis courts or above ground pools shall be permitted. Other swimming pools may be constructed only after prior written approval from the Architectural and Landscape Control Committee.
Conditional

Exterior changes & additions

Painting, decorating or any change to the outside appearance of a home that varies from the approved plans needs prior written approval from both the Board of Directors and the Architectural and Landscape Control Committee. Nothing may be built, placed or altered on a lot, and the natural topography or drainage may not be changed, until construction plans and a landscaping plan are approved. Plans have to show floor plan, quality of construction, materials, outside colors, harmony with existing structures, location relative to lot lines, topography and finish grade, submitted in two complete sets. The Committee answers in writing, and the declaration says its decision is entirely within its discretion.

An Owner may not paint, decorate or make any change in the appearance or any other portion of the exterior of any Dwelling Unit which would vary it from the plans which were approved by the Architectural Control Committee for that Dwelling Unit without the prior written approval of the Board of Directors and Architectural and Landscape Control Committee
Conditional

Satellite dishes & antennas

An outside above-ground TV antenna, AM, FM or short-wave radio antenna, or a satellite dish of any type may not be put up or kept without the Association's prior written consent. No size allowance is stated. Utility and cable service itself has to run underground and stay out of sight. Federal FCC rules adopted after this 1989 document limit how far a covenant like this can be enforced against smaller dishes, so ask the Association how it applies the clause today.

No outside above ground television, A.M., F.M., short wave radio antennas, or TV satellite disk of any type shall be erected or maintained on any Lots or structures in this Property without the prior written consent of the Association.
Not stated

Solar panels

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Conditional

Landscaping, trees & gardens

This is a maintained community. The Association maintains the landscaping and lawn of each lot on a schedule it sets. An owner may plant or maintain flowers, trees, shrubs or other plants only under a landscaping plan approved by the Architectural Control Committee. Each lot keeps its own irrigation system, but the Association decides the watering interval; under the 1996 amendment the City of South Bend supplies the irrigation water, the Association maintains the water trunk lines, and the Association pays the irrigation water and electricity bills. Every home is required to have a sprinkler system. An owner is responsible for maintaining any tree on the lot with a trunk three inches across or larger, including pruning and removing dead or unsightly trees; if the Association gives written notice and the owner does not act within sixty days, the Association may do the work and bill it back as an additional common expense, and that notice period is waived in an emergency. Yards have to be planted with grass seed, sod or ground cover within one hundred twenty days after the home is finished or occupied, whichever comes first.

Owners may 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 Control Committee (Landscaping Plan).
Not stated

Mailboxes

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How you can live here

Conditional

Pets

Dogs, cats and other household pets are permitted. No animals, livestock or poultry may be raised, bred or kept otherwise, and pets may not be kept for any commercial purpose or allowed to become a neighborhood nuisance or hazard. A standing rule voted by the homeowners adds that cats and dogs may not run free, in line with the city ordinance.

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 that they are not kept, bred or maintained for any commercial purposes
Conditional

Renting your home

Renting is allowed, but a lease of less than one year may not be entered into without the Association's prior approval. The covenant sets no cap on how many homes may be rented.

No leases of less than one (1) year of any Dwelling Units may be entered into without the prior approval of the Association.
Not stated

Basketball hoops

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Conditional

Yard signs

One for-sale sign of no more than five square feet is the only sign allowed in public view of a lot. A builder may use a sign of any size during the construction and sales period, and the developer reserved the right to put up its own promotional signs. A separate clause on home occupations bars any sign or display showing from the outside that a home is used for anything other than a residence.

No sign of any kind shall be displayed to the public view of 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 builder to advertise during construction and sales period.
Not stated

Street parking

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Conditional

Running a business from home

A lot may be used only as a single-family residence, with one exception: a home occupation carried on entirely inside the home by a member of the immediate family living there, clearly incidental to using the home as a residence. Four conditions attach: no sign or display visible from outside, no goods sold on the lot, no employee other than an immediate family member living there, and no mechanical or electrical equipment. The document then says a barber shop, styling salon, beauty parlor, tea room, fortune-telling parlor, animal hospital, or any form of animal care or treatment such as dog trimming does not count as a home occupation in any event.

No Lot shall be used for any purpose other than as a single-family residence, except that a home occupation, defined as follows may be permitted: any use conducted entirely with the Dwelling Unit and participated in solely by a member of the immediate family residing in said residence
Conditional

Short-term rentals (Airbnb)

The documents never use the words short-term rental, but a nightly or weekly stay is a lease of less than one year, and the covenant bars any lease shorter than one year without the Association's prior approval. Ask the Association how it applies that clause before counting on short-term rental income.

No leases of less than one (1) year of any Dwelling Units may be entered into without the prior approval of the Association.
Not stated

Vehicle repair in the driveway

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Conditional

Trash & recycling containers

Trash, garbage and other waste may only be kept in sanitary containers, and those containers have to be kept clean and sanitary. No lot may be used as a dumping ground for rubbish. Nothing in the document says where containers must be stored or when they may go to the curb.

Trash, garbage or other waste shall not be kept except in sanitary containers. All containers or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
Not stated

Grilling & outdoor cooking

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✗ Not allowed

Clotheslines

Hanging laundry outside the home is prohibited. The clause is written broadly enough to cover rugs and other items as well, and it sits in the same paragraph that bars temporary structures and requires committee approval for awnings.

no hanging of laundry, rugs, or other items outside the Dwelling Unit is permitted.
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

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Where these answers come from

The documentDeclaration of Covenants and Restrictions of Creekwood Villas (1989, instrument 8925116), as amended by the Amendments to the Declaration of Covenants and Restrictions of Creekwood Villas (1996, instrument 9629163), read with the By-Laws of Creekwood Villas Association, Inc.
Recorded asPlat prepared by Larry Vanosdol dated August 21, 1989, recorded as Instrument No. 89-21938, St. Joseph County
Declaration of Covenants and Restrictions of Creekwood Villas, executed September 1, 1989, recorded September 21, 1989, instrument 8925116
Amendments to the Declaration of Covenants and Restrictions of Creekwood Villas, instrument 9629163
By-Laws of Creekwood Villas Association, Inc., corporation incorporated June 23, 1989
How it was readThe recorded copy on file is a scan of paper with no digital text, so it was read by optical character recognition. That can misread individual words, which is why nothing on this page is presented as a direct quote.
Checked againstThree separate scans of the same 1989 declaration came down on three different listings. All three carry the identical declaration and the identical 1996 amendment page; they were read against each other to settle OCR noise, and the cleanest is the one cited. Two pages elided from the packaged text were recovered from the full OCR under data/ocr_text/. No later restated declaration appears anywhere in the file.
The associationCreekwood Villas Association, Inc. is the association, a not-for-profit corporation incorporated June 23, 1989. Every owner becomes a member automatically when the deed to a lot is recorded, and membership ends when they stop owning. There is one class of members and one vote per lot, however many people are on the deed. The subdivision is 81 lots, numbered 1 through 81, with the declaration leaving room for later platted additions. Under the by-laws the annual meeting is held in October, a quorum is thirty percent of the membership in person or by proxy, the board is five directors serving two-year staggered terms with no more than one person per lot serving at a time, and the three officers are a president, secretary and treasurer serving without pay. This is a maintained community, which is the main thing to understand about it. The association maintains the landscaping and the lawn on every lot on a schedule it sets, plus the common areas, the nature trail between the residential area and Juday Creek, and the subdivision entrance. On the outside of each home it paints any exterior surface that was painted when the home was built, cleans eavestroughs, gutters and window wells, makes minor repairs it has approved, and removes snow from the sidewalk and driveway under guidelines it adopts. It also sets the irrigation schedule and, under the 1996 amendment, pays the irrigation water and electricity bills. What it does not maintain is spelled out just as plainly, and the 1996 amendment restated it: the water supply line, the air conditioning or heating system, the windows apart from painting wooden areas, the sewer lines, and any breaking or cracking of concrete or asphalt. Owners handle siding, roofs, plumbing fixtures, sewer lines, heating and air conditioning, driveways, sidewalks, exterior light fixtures, everything inside, and insurance on their own home and contents. The association carries no insurance on a lot, a home or its contents. If an owner does not make a repair that is theirs within thirty days of written notice, the association may do the work and charge it back as an additional common expense. Architectural control sits with the Creekwood Villas Architectural and Landscape Control Committee, three people originally appointed by the developer, Miller Builders, Inc. Plans and a landscaping plan have to be approved in writing before any building, alteration or planting, and the declaration says the committee's decision is entirely within its discretion. On assessments, the board prepares an annual budget and provides it to members at least a week before the October meeting; after the turnover date the members adopt it, and the meeting cannot adjourn until they do. Only lots with a home built on them are assessed. The assessment is billed in advance, the by-laws allow monthly, quarterly, semi-annual or annual payment, and a twenty-five dollar late charge may be imposed for each month a payment is more than fifteen days late. The board may also levy a special assessment, equal on every lot, by resolution and without a vote of the owners. The documents in this file do not state a current monthly dues figure. Two figures they do state, both about money due at closing rather than ongoing dues, disagree with each other: by-laws Section 8.01 fixes two hundred fifty dollars per lot in lieu of the three-month assessment, while the 1996 amendment changed the declaration so a buyer owes only a pro rated portion of the assessment for the month of closing. Ask the association for the current amount and for what is collected at closing. Unpaid assessments become a lien on the lot as of January 1 of that year, carry interest at the maximum Indiana consumer-loan rate, and the board may declare the whole unpaid balance due and record a notice of lien that is enforced the same way a mortgage lien is, with attorney's fees, title expenses and collection costs added. A member who is delinquent may not vote while the payment is outstanding. A foreclosure by a first mortgage lender wipes out installments that came due before the sale, though the former owner stays personally liable for them. Enforcement is not limited to the association. Any lot owner, the association, or the developer may sue for an injunction, for damages, or to have an offending structure removed. If the association or the developer hires a lawyer to enforce the covenants, all of the enforcement costs including reasonable attorney's fees are charged to the owner the action is brought against and become a special assessment against that lot, collectible like any other assessment. The board may also adopt additional rules and regulations by majority vote and mail copies to all owners, which is how the recorded standing rules such as the ban on garage sales came about. The covenants ran to January 1, 2006 and then extend automatically in ten-year periods unless owners of at least seventy-five percent of the lots agree to change them; after the turnover date, amending the declaration also takes owners of seventy-five percent of the lots.

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