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Deer Hollow

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.

What you can build and change

Conditional

Fences

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.

Fences may be constructed provided that they do not extend forward on said lot beyond the rear foundation lines of the construction main dwelling; but this is not to be construed to prohibit the planting or maintenance of hedges, shrubbery or trees. The only perimeter fencing permitted shall be a spit rail two (2) rails high, not to exceed four (4) feet high, as see-through chain link fence not to exceed four (4) feet high, or a privacy fence around an immediate patio of not more than six (6) feet high which must conform to present architectural standards as set by the style of home thereon built and be approved by the Committee in writing
Conditional

Sheds & outbuildings

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 will be no detached building allowed in the subdivision, except on lots of two acres or greater. Any detached building plan must be submitted to the Architectural Control Committee prior to commencing construction, and the exterior materials of the building must be consistent with the home.
Conditional

RVs, boats & trailers

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.

Mobile homes, house trailers, boats, boat trailers, motor homes, camping trailers, recreational vehicles, and trailers therefore shall not be parked on any lot for longer than Forty-eight (48) hours.
Conditional

Swimming pools & hot tubs

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.

No tennis courts shall be permitted except on lots of two acres or greater. Above ground pools shall not be permitted. Other swimming pools may be constructed only after prior written approval from the Architectural Control Committee and must have appropriate fencing.
Conditional

Exterior changes & additions

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.

No building or other structure shall be erected, constructed, placed, maintained, or altered on any Homesite, nor shall the natural topography or drainage of any Homesite be altered, until the builder, the construction plans, and specifications for the structure and/or for the topographical alterations and the Landscaping Plan have been approved in writing by the Architectural Control Committee.
Conditional

Satellite dishes & antennas

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.

No outside above ground television, AM, FM, short-wave radio antennas or earth receiving stations shall be erected or maintained on any Homesite or structure in this property. Each lot owner may, however, have on his Homesite no more than one (1) satellite dish or electronic signal reception. No satellite dish may be placed in either the front or the side yards of the lot. All satellite dishes; size and location thereof must be approved by the Architectural Control Committee.
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.

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Conditional

Landscaping, trees & gardens

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.

The side, front and rear yards of each homesite shall be planted with grass seed, sod or ground cover, unless otherwise approved by the Architectural Control Committee, within One Hundred Twenty (120) days after the Dwelling Unit is completed, or the Dwelling Unit is occupied as a home, whichever is earlier.
Not stated

Mailboxes

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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How you can live here

Conditional

Pets

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.

No animals, of any kind shall be raised, bred or kept on any Homesite except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purposes and are not permitted to become a neighborhood nuisance or hazard in any manner. No dog may be permitted to run at large unless the dog is contained within a permitted dog run or fenced yard or unless the dog is accompanied by an attendant who shall have such dog firmly held by collar and leash, which leash shall not exceed eight (8) feet in length.
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.

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Conditional

Basketball hoops

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.

No permanently installed basketball hoops shall be allowed. Movable basketball hoops shall be allowed, although they must not remain outdoors overnight.
Conditional

Yard signs

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.

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

Street parking

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.

No lot shall be used for storage of old lumber, firewood, cars, materials, or debris including grass clippings.
Conditional

Running a business from home

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.

No Homesites shall be used for any purpose other than a single-family residence, except that a home occupation, defined as follows may be permitted: any use conducted entirely within the Dwelling Unit and participated in solely by a member of the immediate family residing in said residence, which use is clearly incidental and secondary to the use of the Dwelling Unit for dwelling purposes and does not change the character thereof
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.

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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 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.

No Homesite shall be used or maintained as a dumping ground for rubbish, leaves, or debris. Trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
Conditional

Grilling & outdoor cooking

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.

No fire shall be permitted to burn upon any street or roadway in this subdivision. No leaf burning shall be permitted at any time.
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.

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 documentProtective Covenants, Restrictions, Limitations and Easements for Deer Hollow in St. Joseph County, Indiana, recorded March 17, 2006 as Instrument No. 0609730
Recorded asInstrument No. 0609730, recorded March 17, 2006, St. Joseph County, Indiana (the governing covenants, 12 pages)
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, and all twelve pages were checked against the page images by eye. The recording stamp, the instrument number and the handwritten plat reference on page one were read off the page image.
The associationThere is an association. The covenants create the DeerHollow Homeowners Association, Inc., an Indiana corporation, to be formed by the developer, Alway Development Corp., on behalf of the lot owners. Every lot owner is a member and casts one vote per lot owned. Once the developer forms it, the Association meets at least once a year to organize itself and elect officers, adopts its own by-laws, and may levy and collect dues. Until it is formed, the developer carries out the Association's responsibilities under the same dues cap. What it is for: managing and financially supporting the common landscape areas, the lighting and sprinkling systems of the entrance areas, the frontage along Killington Way, and other common maintenance areas at the entrances. The Association has specific authority to assess for the installation and operation of entrance or street lighting and for maintaining and improving the boulevard area, and it may own land for use as a common area. Dues, as recorded: the total of dues and assessments against each lot may not exceed $75.00 per lot per year. That cap can be raised by a majority vote of the members, or by the Board of Directors by no more than the percentage increase in the Consumer Price Index for All Items published by the U.S. Department of Labor. So the $75.00 figure is a 2006 ceiling, not necessarily what is charged now. Dues are billed each January and are due within 30 days. Unpaid amounts bear interest at 8 percent per year starting 30 days after they come due, plus attorney fees, and become a lien in favor of the Association against the lot, enforceable in the manner of an Indiana mechanic's lien. The Association does not have to record a notice or sue within the time a mechanic's lien would require. The lien is subordinate to any first mortgage lien, and a buyer may rely on a certificate signed by the Association's president showing the amount owed. Ask the Association for the current dues figure and that payoff certificate before closing. A separate Architectural Control Committee of three people, appointed by the developer, approves plans and specifications for structures. Its decision is entirely within its discretion. The covenants say the Committee's authority expires on December 31, 2019 unless the developer recorded written notice of an extension with the St. Joseph County Recorder before that date. Nothing in the documents on file here shows whether that extension was recorded, so who holds architectural approval today is a question to put to the Association before you count on getting, or needing, an approval. Enforcement: any lot owner, the Association, the Committee or the developer may enforce the covenants by injunction, may have a prohibited structure removed by due process of law, and may sue for damages or any other remedy at law or in equity. If counsel is employed to enforce them, the owner of the violating lot pays all enforcement costs including reasonable attorney fees, and the enforcing party has a lien on the lot for those costs. The Association may separately enforce the rules on accumulations of rubbish, weeds and trash. One unusual provision worth knowing: the covenants say the Deer Hollow Home Owner's Association shall not unite with the Stone Hedge Homeowners Association without the developer's approval.

Ask us about Deer Hollow

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