What the recorded documents actually say about Deer Hollow in South Bend — fences, sheds, pools, pets, parking and the rest — with the part of the document each answer comes from.
4 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 Protective Covenants, Restrictions, Limitations and Easements for Deer Hollow, recorded in St. Joseph County on March 17, 2006 as Instrument No. 0609730. It is a scan of paper, so individual words can be misread. It is the only recorded covenant document in the file, and no amendment or restatement appears anywhere in it.
It covers lots 1 through 36 of DeerHollow in Penn Township. Lot size changes the answers more here than in most neighborhoods, so check the acreage of the specific lot first. The covenants say outright that homeowners on lots of 5 acres or greater are not subject to them at all. Detached buildings and tennis courts are permitted only on lots of 2 acres or greater. The single-family and garage paragraph excludes lots over 2 acres, and lots over 5 acres follow county or city farmland regulations instead. Minimum house sizes also step up with acreage.
One thing to ask about before you rely on any approval answer here: the covenants say the Architectural Control Committee's authority expires on December 31, 2019 unless the developer recorded a written extension before that date. Nothing in the file shows whether that happened. Many of the rules below route through that Committee, so ask the Association who approves plans today.
Dues are capped by the recorded document at $75.00 per lot per year, but the same paragraph lets the members raise that by majority vote and lets the Board raise it by the increase in the Consumer Price Index. That is a 2006 ceiling and not necessarily the current charge, so get the figure from the Association.
The plat is referenced by document number on page one, but the number was filled in by hand and is not clearly legible on this copy, and the plat itself is not part of the recorded document. Order the plat and a current title commitment from the Recorder or the title company before relying on any lot line, easement or setback.
Fences are allowed but tightly specified. No fence may extend forward of the rear foundation line of the main dwelling, so front-yard fencing is out. Only three kinds of perimeter fence are permitted: a split rail two rails high and no more than 4 feet, a see-through chain link fence no more than 4 feet, or a privacy fence around an immediate patio no more than 6 feet. Any of them must match the architectural style of the house and be approved by the Committee in writing, unless the Committee approves a written variance. There is one exception allowing a privacy perimeter fence: on a rear lot line that coincides with the boundary of the subdivision, if it is not in an easement area, and if an easement exists the fence may go immediately next to it. Hedges, shrubbery and trees are expressly not treated as fences. A separate sight-line rule bars any fence, wall, hedge or shrub between 2 and 6 feet above the roadway inside the 25-foot triangle at a corner lot's street intersection and within 10 feet of a driveway. Note that the typed document spells split rail as spit rail.
It comes down to lot size. The covenants say there will be no detached building allowed in the subdivision except on lots of two acres or greater. On a qualifying lot, the plan has to go to the Architectural Control Committee before construction starts, and the exterior materials must be consistent with the house. A separate paragraph bars any structure of a temporary character, and names trailers, tents, shacks, garages, barns, tool sheds, storage sheds and other outbuildings of any type, with a construction trailer during building the only exception, and it points to the detached-buildings paragraph for the rest. So on a typical Deer Hollow lot under two acres, a shed is not permitted; above two acres it is, with approval. Check the acreage of the specific lot first.
There is a time limit rather than a flat ban. Mobile homes, house trailers, boats, boat trailers, motor homes, camping trailers, recreational vehicles and the trailers for them may not be parked on any lot for longer than 48 hours. The covenants do not say where in the 48 hours the vehicle may sit, and they never mention a garage either way. Every home is separately required to have an attached garage able to store two cars but not more than three. Treat the 48 hours as the operative rule and ask the Association before planning on anything longer.
Above-ground pools are not permitted. Any other swimming pool may be built only after prior written approval from the Architectural Control Committee, and it must have appropriate fencing. The covenants do not spell out what counts as appropriate fencing, and the separate fence paragraph limits perimeter fencing to a split rail or see-through chain link up to 4 feet, or a privacy fence around an immediate patio up to 6 feet. The same paragraph also limits tennis courts to lots of two acres or greater.
Nothing may be built, placed, maintained or altered on a lot, and the natural topography or drainage may not be changed, until the builder, the construction plans and specifications and the landscaping plan have all been approved in writing by the Architectural Control Committee. Plans must show the floor plan, quality, location relative to lot lines, topography, finish grade elevations and all landscaping detail, and two complete sets must be furnished. Nothing that does not comply fully with approved plans may be built, and no deviation is allowed without the Committee's prior written consent. The covenants say the decision is entirely within the Committee's discretion and set no deadline for an answer. Material rules are specific: new materials only, roll roofing expressly prohibited, and cement block exteriors including block foundations above grade prohibited unless the Committee expressly approves in writing. Each home must also have a dusk-to-dawn electric light of a Committee-approved type, on an electric eye, in front of the front building setback line. One caution that affects this whole topic: the covenants say the Committee's authority expires December 31, 2019 unless the developer recorded an extension before then, and the file does not show whether that happened, so ask the Association who approves plans today.
One dish is allowed, with placement and approval conditions. Outside above-ground television, AM, FM and short-wave radio antennas and earth receiving stations may not be erected or maintained on any homesite or structure. But each lot owner may have no more than one satellite dish or electronic signal reception. No satellite dish may be placed in the front or the side yards of the lot, and the size and location of every dish must be approved by the Architectural Control Committee. A separate paragraph requires all utility and cable service to run underground and not be visible.
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 landscaping plan is part of what the Architectural Control Committee has to approve in writing before anything is built or the lot's topography or drainage is altered, and the plans must include all details regarding landscaping. Side, front and rear yards must be planted with grass seed, sod or ground cover within 120 days after the home is finished or occupied, whichever is earlier, unless the Committee approves otherwise. A vegetable garden may not be planted without the Committee's approval, which is unusual and worth knowing. Hedges, shrubbery and trees are expressly permitted and are not treated as fences, subject to the corner sight-line rule. No permanent structures may go in the platted easement strips and the grading of drainage swales may not be changed. Owners are responsible for all landscaping and for restoring paved or planted areas disturbed by work on the underground utilities.
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 →Dogs, cats and other household pets are allowed, with specifics. No animals of any kind may be raised, bred or kept on a homesite except household pets, and those may not be kept, bred or maintained for commercial purposes or allowed to become a neighborhood nuisance or hazard. No numeric limit and no breeds are named. A dog may not run at large unless it is inside a permitted dog run or a fenced yard, or with an attendant holding it firmly by collar and leash, and the leash may not exceed 8 feet. A cat may not run at large or be in any yard or enclosure other than its owner's lot. Note that a dog run is contemplated here but the detached-building rule limits structures on lots under two acres, so check what form a run may take with the Association.
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 →Permanently installed basketball hoops are not allowed. Movable hoops are allowed, but the covenants say they must not remain outdoors overnight. That is a specific and easily missed requirement, so a buyer with children who play should plan on a hoop that gets put away.
Two kinds of sign are permitted. One sign of not more than 5 square feet advertising the property for sale, and a sign of any size used by a builder to advertise during the construction and sales period. Anything else displayed to public view on a homesite is prohibited, and unlike many covenants of this era there is no political-sign exception written in. The developer separately reserved the right to put up whatever signs it wants to promote lot and home sales. The home-occupation rule also bars any sign or display showing from the outside that the home is used for anything other than a dwelling.
There is no general parking rule here, no limit on how many cars and nothing about street parking. What the covenants do say is that no lot may be used for the storage of old lumber, firewood, cars, materials or debris including grass clippings, so keeping a car stored on the lot is reached by that sentence. The same paragraph limits recreational vehicles, boats and trailers to 48 hours on a lot. Driveways are specified rather than restricted: no stone or cinder driveways, a minimum of 16 feet wide running the full length from garage to street, concrete construction at least 4 inches thick, and any circular drive in front of the home at least 8 feet wide. Each home must have an attached garage for two cars but not more than three.
A home occupation is permitted inside a narrow definition. It must be conducted entirely within the dwelling and carried on solely by a member of the immediate family living there, and it must be clearly incidental and secondary to using the house as a house. Four conditions come with it: no sign or display may show from the outside that the building is used for anything other than a dwelling; no commodity may be sold on the homesite; no one may be employed other than an immediate family member living there; and no mechanical or electrical equipment may be used. The covenants then name uses that do not qualify as a home occupation at all: a barber shop, styling salon, beauty parlor, tea room, fortune-telling parlor, animal clinic, or any form of animal care or treatment such as dog trimming.
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 →No homesite may be used or maintained as a dumping ground for rubbish, leaves or debris, and a separate paragraph adds grass clippings to that list. Trash, garbage and other waste must be kept in sanitary containers, and all incinerators or other equipment for storing or disposing of waste must be kept clean and sanitary. The covenants name no collection schedule and say nothing about screening containers from view. The Association has specific authority to enforce the rules on accumulations of rubbish, weeds and trash.
The covenants never name a grill. The fires paragraph is two sentences: no fire may burn on any street or roadway in the subdivision, and no leaf burning is permitted at any time. On the face of that wording, a cooking grill on your own lot is not what the paragraph addresses, and neither sentence reaches a contained fire on a homesite. A separate nuisance paragraph bars any noxious or offensive activity and anything that may become an annoyance or nuisance in the neighborhood, so a persistent smoke complaint could be raised under that instead. Ask the Association if you want certainty.
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.