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Evergreen Meadows

What the recorded documents actually say about Evergreen Meadows in Granger — 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 Amended Protective Restrictions, Covenants and Limitations for Evergreen Meadows Lots 2-45, recorded with the St. Joseph County Recorder on April 22, 2010 as instrument 1010627 by Evergreen Meadows Homeowners Association, Inc. That is the newest recorded instrument on file for this neighborhood and it restates the covenants in full, so it is the one that governs. Nothing newer was found.

It governs Lots 2 through 45 in Evergreen Meadows, in Harris Township, St. Joseph County. Note the starting number: the earlier recorded covenants covered Lots 1 through 45, and the 2010 restatement describes itself as applying to Lots 2 through 45. If the home you are looking at is Lot 1, do not assume these answers describe it; ask your title company which recorded restrictions run with that particular lot.

Three earlier recorded instruments were also read and are superseded by the 2010 restatement. The original covenants were recorded October 10, 1991 as instrument 9129129. A full restatement covering both plat sections, Lots 1 through 45, was recorded December 15, 1992 as instrument 9246454. A one-page amendment recorded in December 1995 as instrument 9543451 added a front setback exception for Lot 45 only; the 2010 restatement does not carry that exception forward, which is worth confirming if you are buying Lot 45.

One change between the old covenants and the current ones is easy to get wrong and matters to buyers. The earlier versions banned exterior antennas and dishes outright. The 2010 restatement keeps the ban on rooftop and tower antennas but expressly excludes satellite dishes of one meter, or 39.37 inches, or less in diameter. The answers on this page reflect the 2010 text. Likewise, the paragraph that used to be headed Solar Panels was replaced by a broader one covering all external structures, so solar is no longer named anywhere in the covenants.

The recorded copy on file is a scan of paper with no digital text, so it was read by character recognition and then checked against the scanned page images for the clauses that carry the answers. The restrictions run from paragraph 1 to paragraph 33 with no gaps, and the county's own recording stamp says the instrument is eight pages, which matches what was read, so nothing is missing from what is published here.

Two things are deliberately not in the recorded document and are worth asking the association for directly: the dues amount actually being charged now, since the recorded $100 per lot per year ceiling dates from 2010 and the members are allowed to raise it by majority vote, and any rules the board has adopted separately from the recorded covenants. Several everyday questions, including renting your home out, short-term letting, mailboxes, basketball goals, clotheslines, flags and window treatments, are not addressed by these covenants at all.

What you can build and change

Conditional

Fences

Fences need written approval from the Architectural Control Committee, which reviews quality and kind of materials, height, location and views. No fence may sit closer to a street than the rear of the house. Perimeter fencing is capped at four feet. A privacy fence around an immediate patio may go to six feet. Split rail, coated mesh, vinyl mesh, wood and other materials may all be used with the committee's written approval. A swimming pool fence has to meet St. Joseph County requirements and its design also has to be approved by the committee.

No fence shall be erected, placed, or altered on any lot nearer to any street than the rear of the building. Fences must be approved in writing by the Architectural Control Committee as to quality and kind of materials, height, location, and views. Perimeter fencing shall not exceed four (4) feet high, or a privacy fence around an immediate patio of not more than six(6) feet high.
Conditional

Sheds & outbuildings

A detached storage building or pet shelter is allowed, but the plans have to be presented to the Architectural Control Committee and approved in writing before anything is built or placed. The structure must be of quality construction, kept in attractive and neat appearance, and blend with the established home. The committee may also require protective screening around it. Separately, no outbuilding, barn, shack, tent or temporary structure may be used as a residence at any time.

The construction and placement of any detached storage or pet shelter structures to be used for the storage of lawn equipment and tools, toys, swimming pool apparatus, or any other personal property, or for the shelter of pets must be of a quality construction and must be maintained in attractive and neat appearance and blend with the established home. Before construction or placement can take place, the plans must be presented to, and approved in writing by, the Architectural Control Committee.
Conditional

RVs, boats & trailers

A camper, boat, boat trailer, motor home, camping trailer, recreational vehicle, mobile home, house trailer or larger commercial truck or trailer may not be parked on a lot for longer than seventy-two hours. Where a boat, motor home, trailer or other recreational vehicle is stored on the lot, it may not sit closer to the front lot line than the minimum building setback line shown on the recorded plat. Nothing may be parked on a subdivision street for more than seven consecutive days. The document does not say whether keeping one inside a closed garage changes the seventy-two hour limit, so that is worth asking the board before you buy on the strength of it.

Mobile homes, house trailers, boats, boat trailers, motor homes, camping trailers, recreation vehicles, larger commercial trucks and trailers shall not be parked on any lot for longer than seventy-two (72) hours. ... Storage of boats, motor liomes, trailers, and other recreational vehicles shall not be at a location nearer the front lot line than the minimum building setback line shown on the recorded Plat.
Conditional

Swimming pools & hot tubs

A pool or tennis court may not be erected, built or installed until the plans and specifications have been approved in writing by the association board. A swimming pool fence must also meet St. Joseph County requirements, with the design approved by the Architectural Control Committee.

Pool and tennis courts may not be erected, built, or installed on any lot unless and until the plans and specifications have been approved in writing by the EMHA board.
Conditional

Exterior changes & additions

Written approval from the Architectural Control Committee is required before a building or other structure is erected, constructed, placed, maintained or altered, and before the natural topography or drainage of a lot is changed. Plans have to show the floor plan, quality of construction, materials, outside colors, how the design sits with existing structures, and location against lot lines, topography and finish grade elevations. Two complete sets go in; one is kept by the association and one comes back to the owner or builder. The committee is three people, the board president, secretary and treasurer. If it does not disapprove within thirty days of submission, formal approval is not required. Separately, the board's written approval of installation and location is required for all external structures before construction.

No building or other structure shall be erected, constructed, placed, maintained, or altered on any lot, nor shall the natural topography or drainage of any lot be altered, until the construction plans for the structure or for the topographical alterations have been approved by the Architectural Control Committee.
Conditional

Satellite dishes & antennas

A satellite dish one meter, or 39.37 inches, or less in diameter is expressly excluded from the antenna ban, so a standard residential dish is the size the document carves out. Exposed or exterior radio or television transmission or receiving antennas on rooftops or towers are prohibited. Worth knowing: the earlier recorded versions of these covenants banned dishes along with antennas, and the 2010 amendment is what added the one meter exclusion.

No exposed or exterior radio or televisions transmission or receiving antennas on Tooftops or towers will be erected, placed, or maintained on any lot. Satellite dishes of one (1) meter (39.37 inches) or less in diameter are excluded.
Conditional

Solar panels

The covenants in force do not name solar panels. They do require the association board's written approval of the installation and location of all external structures before construction, which is the clause a solar array would most likely be reviewed under. That paragraph is the direct replacement for one headed Solar Panels in the earlier recorded version of these covenants, which required the developer's written approval of solar panel installation and location. Take plans to the board before ordering.

For all external structures, installation and location must be approved in writing by the EMHA Board prior to construction.
Conditional

Landscaping, trees & gardens

Side and front yards have to be planted with sod or ground cover within one hundred twenty days after the house is complete or occupied, whichever is earlier; the rear yard may be seeded, and the Architectural Control Committee may approve something different. No screen planting over thirty-six inches high is permitted between the building setback line and the front lot line. In the protective screening areas marked on the plat, plantings have to be retained and maintained at the owner's expense. Near corners and driveways, no fence, wall, hedge or shrub planting may obstruct sight lines between two and six feet above the roadway, and tree foliage has to be kept high enough not to block them.

The side and front yards of each lot shall be planted with sod or ground cover (rear yard may be seeded), unless otherwise approved by the Architectural Control Committee, within one hundred and twenty (120) days after the structure is complete, or the structure is occupied as a home, whichever is earlier. ... In addition, no screen planting over thirty- six (36) inches high shall be permitted between the building setback line and front lot line on all lots.
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

Domesticated dogs, cats and other ordinary household pets are allowed in reasonable numbers. No other animals, birds or fowl may be kept, and no animal may be kept or bred for any commercial purpose. A dog may not run at large unless it is contained in a permitted dog run or fenced yard, or held by collar and leash no longer than eight feet. Cats may not be allowed to run at large off the owner's own lot. No savage or dangerous animal may be kept. Pets are to be walked on streets or sidewalks rather than near buildings, shrubbery and private lawns, and the owner is required to pick up after them. A dog that barks and can be heard on a frequent or continuing basis may not be kept. The association may require pets to be registered, may adopt further reasonable rules about animals, and may remove an animal it determines is in violation.

No animals, birds, or fowl may be kept or maintained on any lot, except domesticated dogs, cats, or other ordinary household: pets in reasonable numbers for the pleasure of the occupants. ... No dog may be permitted to run at large unless the dog is contained within a permitted dog run or fenced yard or 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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Not stated

Basketball hoops

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Conditional

Yard signs

One sign of not more than five square feet advertising the property for sale is permitted. Otherwise no sign of any kind may be displayed to public view on a lot or on association property at the subdivision entrance. Signs for special events such as a garage sale, graduation or birthday party are an exception and may remain in place no more than seven days total.

No sign of any kind shall be displayed to the public view on any lot or on EMHA property (at subdivision entrance) except one sign of not more than five (5) square feet advertising a property for sale. Exceptions to this would be signs for special events (e.g. garage sale, graduation/birthday party, etc.). In these instances, signs may remain in place for no more than seven (7) days total, after which they have to be removed.
Conditional

Street parking

No vehicle, boat or structure of any kind may be parked on a subdivision street for longer than seven consecutive days. On a lot, a mobile home, house trailer, boat, boat trailer, motor home, camping trailer, recreational vehicle or larger commercial truck or trailer may not be parked for longer than seventy-two hours. A vehicle on blocks or without a current license plate may not be stored outside an enclosed garage at any time. Driveways have to be concrete for their full length and width, at least twelve feet wide and four inches thick, with circular drives at least eight feet wide. Every home is required to have a full-size attached garage holding at least two cars and no more than three.

No vehicles, boats, or structures of any type or nature, movable or immovable, may be parked on the street in the subdivision for a period longer than seven (7) consecutive days. ... Mobile homes, house trailers, boats, boat trailers, motor homes, camping trailers, recreation vehicles, larger commercial trucks and trailers shall not be parked on any lot for longer than seventy-two (72) hours.
Conditional

Running a business from home

A home occupation is allowed inside the dwelling, carried on solely by a member of the immediate family living there, and only where it is clearly incidental and secondary to use as a home and does not change the character of the property. Four conditions all have to hold: no sign or display indicating from the exterior that the building is used for anything other than a dwelling; no commodity sold on the premises; nobody employed other than an immediate family member residing there; and no mechanical or electrical equipment used. The covenants name businesses that can never qualify as a home occupation: 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. Lots are otherwise limited to use as a private single-family residence.

No lot or lots shall be used for any purpose other than as a private single-family residence, except that a home within the residence dwelling 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 for dwelling purposes and does not change the character thereof and in connection with which there is: a) No sign of display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; b) No commodity sold upon the premises: c) No person is employed other than a member of the immediate family residing on the premises; and (d) No mechanical or electrical equipment is used
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 →
Conditional

Vehicle repair in the driveway

The covenants never use the words repair, dismantle or service. What they do say is that a vehicle on blocks, or one without a current license plate, may not be stored outside an enclosed garage on any lot at any time. A car on blocks is mid-repair, so work that leaves a vehicle in that state belongs inside a garage rather than in the driveway. Routine work on a running, licensed car is not addressed either way.

No vehicles on blocks or without a current license plate shall be stored outside of an enclosed garage on any lot at any time.
Conditional

Trash & recycling containers

Trash, garbage and other waste have to be kept in sanitary containers, and all equipment for storing or disposing of it has to be kept in a clean and sanitary condition. No lot may be used or maintained as a dumping ground for rubbish. On screening the cans, the covenants say containers should be kept from public view rather than shall, so it reads as an expectation rather than a hard requirement. The association is also given power to enforce against accumulations of rubbish, weeds or trash.

No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept, except in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. Waste containers should be kept from public view in order to keep up the appearance and character of our subdivision.
Conditional

Grilling & outdoor cooking

The covenants never mention grills, barbecues or cooking fires either way. The only fire restriction bars a fire from burning upon any street or roadway in the subdivision, which on its face does not reach a contained grill on your own lot, and it adds that St. Joseph County burning laws have to be followed. Because the document is silent on grills specifically, confirm with the board if you plan anything beyond ordinary cooking.

No fire shall be permitted to burn upon any street or roadway in this subdivision. All burning laws as they apply to St. Joseph County, IN shall also be adhered to.
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 documentAmended Protective Restrictions, Covenants and Limitations for Evergreen Meadows Lots 2-45 (St. Joseph County instrument 1010627, recorded April 22, 2010), recorded by Evergreen Meadows Homeowners Association, Inc.
Recorded asInstrument 1010627, recorded April 22, 2010 (the governing restatement)
Instrument 9246454, recorded December 15, 1992 (superseded restatement)
Instrument 9129129, recorded October 10, 1991 (original covenants)
Instrument 9543451, December 1995 (Lot 45 setback amendment, superseded)
How it was readThe recorded copies on file are scans of paper with no digital text, so they were read by optical character recognition. The clauses carrying the answers were then checked against the scanned page images, and the county recording stamp was read directly off the execution page to confirm the recording date, the instrument number and the eight-page length.
The associationYes, there is an association: Evergreen Meadows Homeowners Association, Inc., an Indiana not-for-profit corporation. Every owner of a lot in Evergreen Meadows must be a member, and each lot owned carries one vote at meetings. The association holds a meeting at least once a year to organize itself and elect officers, and it adopts its own by-laws. What it maintains is the common property rather than your house or yard. The covenants list the entrance at State Road 23, the sprinkling system, electricity costs, ground cover, grasses, trees, shrubs, mowing and landscaping, replacement of equipment and signs already in place, repairs and insurance. The association is also given authority to impose and collect annual assessments for installing and operating street lighting and for maintaining and improving the boulevard area. Each home is on its own septic system, installed at the lot owner's expense and approved by the county. Architectural approval runs through a three-person Architectural Control Committee, which under the current covenants is the board president, secretary and treasurer. It approves plans for structures, exterior alterations, fences, detached buildings, pools and tennis courts, and external structures generally. Two complete sets of plans are submitted and the committee answers in writing; if it has not disapproved within thirty days of submission, formal approval is not required. On money: the covenants cap total dues and assessments at $100 per lot per year, but they also say that $100 limit may be raised by a majority vote of the members. That figure is from the April 2010 instrument and the members may well have voted it up since, so treat $100 as the recorded ceiling as of 2010 and ask the association what is actually being billed today. Bills go out by January 1 each year and are due within thirty days. Past-due annual dues may be charged a $25 late fee per year, past-due assessments bear interest at 12 percent per year, and those charges start thirty days after the amount comes due. Unpaid dues and assessments become a lien on the lot in favor of the association, enforceable the way a mechanic's lien is, and that lien sits behind any first mortgage. A buyer or anyone dealing with a lot may rely on a certificate signed by the association president or secretary showing what is owed, and the association cannot enforce a lien for charges that predate such a certificate unless the certificate shows them. On enforcement: failing to pay is itself a violation of the covenants and can be pursued by civil action, such as small claims court or a lien. More broadly, the association, or any lot owner with the association's consent, may enforce the covenants by injunction, may have an offending structure removed by due process, and may sue for damages. If the association or a member hires a lawyer to enforce the covenants, the costs including reasonable attorney fees are charged to the owner the action is brought against, secured by a lien on that lot. The association may also enforce directly against accumulations of rubbish, weeds or trash, and it may remove an animal it determines is being kept in violation. On how long this lasts and how it changes: the covenants ran to May 1, 2015 and then renew automatically for successive ten-year periods unless owners of at least 75 percent of the lots vote to change them. Two different amendment routes appear in the same document. One says the association board has the exclusive right to amend the restrictions by recording a signed amendment with the St. Joseph County Recorder. The other says that after five years from recording, the restrictions, including the $100 dues ceiling, may be amended by owners of at least 51 percent of the lots. The 2010 instrument states on its face that it was amended unilaterally by the association under the first of those. If the amendment history matters to your purchase, that is a question for your title company or attorney rather than something this page can settle.

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