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Hampton Woods

What the recorded documents actually say about Hampton Woods in Elkhart — fences, sheds, pools, pets, parking and the rest — with the part of the document each answer comes from.

9 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 a single recorded instrument: the Protective Restrictions, Covenants, Limitations and Easements for Hampton Woods, executed 17 April 1995 by Hampton Woods, Inc. and recorded in Elkhart County under recording number 95 007762. It states that it applies to Lots 1 through 48 and covers the recorded Primary Plat, the recorded plat of Section I, and the plats of Section II and Section III that were still to be recorded when it was signed, so on its face it reaches the whole subdivision. The copy on file is a scan of typed paper that was read by machine, which can misread individual words, so nothing on this page is presented as a direct quote. Two separate scans of this same recording were read against each other, and the clauses behind the satellite dish, shed size and pool answers were also read by eye off the page images. Two gaps are worth knowing about. The notary wording and the final heading both describe this as an amended set of restrictions, which suggests an earlier version exists that is not in the record on file. And no amendment later than April 1995 is on file, while the document itself allows the owners to amend it, so a later recorded change would not appear here. The declaration also authorizes a homeowners association to be created. Any by-laws, rules or architectural guidelines that association has adopted since are separate documents that are not in this record, and the hundred dollar dues figure is the 1995 figure. Confirm the current documents and dues with the association, the Elkhart County Recorder, or your title company before relying on anything here.

What you can build and change

Conditional

Fences

Fences must be approved by the developer or the Architectural Committee as to quality and kind of materials, height, location and views, and the document says four foot high fences will normally be the maximum. Because it sets that figure as what is normal rather than as a flat cap, a taller fence may be possible with approval. Separately, a rear or side yard or part of one may be fenced to contain a dog, using split rail fencing, invisible mesh, vinyl coated mesh, wood or other materials, if the materials and design are approved. Swimming pool fences must meet city or county requirements and their design, size and materials must also be approved.

Fences must be approved by the developer Hampton Woods, Inc., its assigns, grantees or its designated representative(s), including the Architectural Commit tee, as to quality and kind of materials, height, location, and views. Normally, four foot high fences will be the maximum.
Conditional

Sheds & outbuildings

Detached buildings and structures, including storage annexes, pool houses and dog houses, need architectural approval from the developer or the Architectural Control Committee. Detached structures other than swimming pools must be of wood with a wood or simulated wood exterior. The maximum size for detached structures, including storage buildings and pool houses, is 6 feet by 8 feet unless a written exception is given by the Architectural Control Committee or the developer. That is a small footprint next to a typical backyard shed, so a written exception may be needed for most of them.

Such de tached structures, except swimming pools, must be of wood with wood or simulated wood exterior. The maximum size for detached tructures, including storage buildings and pool houses, shall be 6' x 8', unless written exception is given by the Architectural Control Committee or the developer.
Conditional

RVs, boats & trailers

Mobile homes, house trailers, boats, boat trailers, motor homes, camping trailers, recreation vehicles, larger commercial trucks and their trailers may not be parked on any lot for longer than seventy-two hours. The document sets a time limit rather than barring these vehicles outright, so short stays are contemplated. It does not name a garage or any other permitted place to keep one, and it does not say where such a vehicle may be kept longer term, so that is genuinely unaddressed. A separate paragraph says no lot shall be used for storage of old lumber, boats, cars, materials or debris that would tend to make the lot unsightly. Ask the association how the seventy-two hour limit is applied.

Mobile homes, house trailers, boats, boat trailers, motor homes, camping trailers, recreation vehicles, larger commercial trucks, and trailers therefore, shall not be parked on any lot. for longer than seventy-two (72) hours.
Conditional

Swimming pools & hot tubs

Only in-ground swimming pools are permitted, so an above ground pool does not appear to be allowed. Pools are among the detached structures that must have architectural approval from the developer or the Architectural Control Committee. Above ground hot tubs or spas are permitted, subject to design and location approval by that committee. Pool fences must comply with city or county requirements, and their design, size and materials must also be approved.

Only in-ground swimming pools shall be permitted. Above ground hot tubs or spas are permitted subject to design and location approval by the Archi tectural Control Committee.
Conditional

Exterior changes & additions

No building may be erected, placed upon or altered on any lot until the building plans and specifications, plus a plan showing where the structure will sit, have been approved in writing by the developer or the Architectural Control Committee. Approval covers materials, harmony of external design with existing structures, and location with respect to topography and finish grade elevation. If the developer or the committee does not disapprove within thirty days after plans are submitted, formal approval is not required and the restriction is treated as satisfied. Anything the developer built is treated as already approved.

Ho building shall be erected, placed upon or altered on any lot until the building plans and specifications, and a plan showing the location of such structure have been approved in writing by the developer or the Architectural Control Committee designated by the developer of Hampton Woods, Inc.
Conditional

Satellite dishes & antennas

The document treats the two differently. Antennas are permitted. Satellite dishes are prohibited, and the document notes that cable television to each lot is provided by the developer. Both points are stated twice, once in the land use paragraph and once in the temporary structures paragraph, so this is not a passing reference. This is a 1995 restriction, and later federal rules on over-the-air reception devices may affect how a dish ban like this can be enforced today, so it is worth asking the association and your own attorney how it is handled now.

Satellite dishes are prohibited. Cable television to each lot is provided by the developer. ... Antennas are permitted, but satellite dishes are not.
Not stated

Solar panels

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Conditional

Landscaping, trees & gardens

Grading and seeding for grass or sod must be completed by the time of occupancy; if the season does not permit, sodding or seeding must be done as soon as practical and no later than June 15 following occupancy. Grading, sodding and seeding must not hinder drainage or the natural flow of surface water, and any drainage swales or easements for drainage, including road ditches, must be left open and not filled. Owners must also keep the lawn and buildings on their lot attractive in appearance and character. The document does not otherwise restrict plantings, beds or trees.

Grading and seeding for grass or sod must be completed by the time of occupancy, however if the time of year does not permit, sodding and/or seeding must be completed as soon as practical and in no event later than June 15 following occupancy.
Not stated

Mailboxes

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How you can live here

Conditional

Pets

Live poultry, sheep, hogs, horses, cattle and similar farm type animals may not be quartered or housed anywhere in the subdivision. Domesticated dogs and cats or other ordinary household pets may be housed within any residence or garage, provided no pet is kept, bred or maintained for any commercial purpose. Dogs must be kept on a leash, and no kennels are permitted. Dog exercise areas must be approved. A rear or side yard, or part of one, may be fenced to contain a dog using split rail fencing, invisible mesh, vinyl coated mesh, wood or other materials, if the materials and design are approved. The document sets no limit on the number of pets and names no restricted breeds.

No live poultry, sheep, hogs, horses, cattle or any such farm type animals shall be quartered housed on any realty in Hampton Woods f However, domesticated dogs and cats or other ordinary household pets, may be housed within any residence or garage provided that no pet(s) be kept, bred, or maintained for any commercial purpose. Dogs must be kept on a leash. No kennels are permitted. Dog exercise areas must be approved as stated herein.
Not stated

Renting your home

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Not stated

Basketball hoops

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Conditional

Yard signs

No sign of any kind may be displayed to public view on any residential lot or building, with stated exceptions. One sign of not more than five square feet may advertise the property for sale or rent, and a builder may use signs of any size to advertise the property during the construction and sales period. The restriction does not apply to the developer, its sales offices, or to signs identifying the development itself. The document does not address political, security or contractor signs.

No sign of any kind shall be displayed to public view on any resi dential lot or building except one sign of not more than fi ve (5) ... square feet advertising the realty for sale or rent, or signs, irrespective of size, used by a builder to advertise the property during the construction and sales period.
Conditional

Street parking

Mobile homes, house trailers, boats, boat trailers, motor homes, camping trailers, recreation vehicles, larger commercial trucks and their trailers may not be parked on any lot for longer than seventy-two hours; construction or sales trailers working for the developer are excepted. Every dwelling must have a full-sized attached garage able to hold two automobiles but not more than three. All lot and parking driveways must be hard surface concrete for their full length and width. No lot may be used for storage of old lumber, boats, cars, materials or debris that would tend to make the lot unsightly. The document does not address on-street parking and sets no limit on ordinary passenger cars.

Mobile homes, house trailers, boats, boat trailers, motor homes, camping trailers, recreation vehicles, larger commercial trucks, and trailers therefore, shall not be parked on any lot. for longer than seventy-two (72) hours. However, construction or sales trailers may be parked in the subdivision for the purposes of accommodatinq Hampton Woods, Inc., in the construction and sales of Hampton Woods.
✗ Not allowed

Running a business from home

No commercial, business or professional office uses may be conducted or carried on upon any residential lot. The only stated exception is for the developer and builders of Hampton Woods, who may use several lots for realty sales, promotional purposes and construction. A separate paragraph limits each lot to private, one-family residential purposes. The wording draws no line between a business that brings visitors or signage and a quiet home office with neither, so anyone planning to work from home may want to ask the association how this is applied in practice.

No commercial; business, or professional office uses shall be conducted or carried on upon anv residential lot except the developer and builders of Hampton Woods may make use of several such lots for realty sales, promotional purposes, and construction purposes
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

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Conditional

Trash & recycling containers

All incinerators, garbage cans and barrels must be either located inside permanent structures, or be of the concealed type and kept underground. No ashes or other rubbish may be left in public view. Fuel tanks must be buried or concealed. The document does not set collection days or name a hauler.

All incinerators, garbage cans and barrels shall be either located inside permanent structures or shall be of the "concealed type" and kept underground.
Conditional

Grilling & outdoor cooking

The document does not name grills or cooking fires either way. Its only rule about burning prohibits trash burning, while expressly allowing residents to burn trees or leaves, and allowing the developer or its subcontractors to burn simple construction materials. On the face of that wording a contained cooking fire is not trash burning, but since the document does not address grilling directly, local open burning rules and the association are the places to confirm it.

No trash burning (other than trees or leaves by residents or simple construction materials by Hampton Woods, Inc., or its subcon tractors) will be allowed.
Not stated

Clotheslines

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Not stated

Flags & flagpoles

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Not stated

Window coverings & decorations

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Where these answers come from

The documentProtective Restrictions, Covenants, Limitations and Easements for Hampton Woods, executed 17 April 1995, recorded in Elkhart County, Indiana
Recorded as95 007762
How it was readTwo scans of the same 1995 recording are on file and both were read in full and compared against each other. One carries a text layer, but that text layer was itself produced by somebody else's machine reading of the scan years later and is visibly garbled in places, so nothing here is presented as a direct quote. The clauses behind the satellite dish, shed size and swimming pool answers, and the recording stamp and lot count, were read by eye off the scanned page images, which is how the antenna sentence was settled where the two scans disagreed.
The associationThe declaration authorizes Hampton Woods Homeowners Association, Inc., an Indiana not-for-profit corporation, to be created at a future date. Only record owners of Lots 1 through 48 may be members, with one voting membership per lot, and membership is automatic: accepting a warranty deed or other property interest makes the recipient a member who agrees to abide by the association's rules and pay its dues. Until 75 per cent of the lots had been deeded, the developer could act on behalf of the association in all things, keeping strict account of receipts and expenditures. What it maintains: the association may assess lot owners for street lights, the subdivision entrance area at Cassopolis Road, the drainage area, sprinkling systems and their electricity, ground cover, grasses, trees and bushes, all mowing and landscaping, replacement of equipment and signs, and further landscaping, signs, wells and equipment needed for the Green Belt Areas. Green Belt Areas are defined as the common property ultimately owned by the association plus the drainage area. Members have an easement of enjoyment in the sidewalks. Dues: the declaration sets annual dues of one hundred dollars per lot, payable January 1 each year, pro-rated to the day of closing for a mid-year purchase. That figure is from 1995 and the document itself allows it to be increased, reduced or abolished, so ask the association what dues are now. The board may change the annual dues, but may not raise them more than fifteen per cent above the previous year without a majority vote of a quorum of the membership. Unpaid dues become a lien on the lot after thirty days, inferior only to bona fide first mortgages and enforceable in the same manner as a mechanic's lien, with interest at 12 per cent running from the due date. A member not current on dues may also lose the right to vote and to use the Green Belt Areas until the account is brought current. Enforcement: the developer, its successors and assigns, and any lot owner may bring proceedings at law or in equity against anyone violating or attempting to violate the restrictions, either to stop the violation or to recover damages, or both. An owner is also entitled to injunctive relief and to damages for injuries resulting from a violation. The declaration states there is no right of reversion or forfeiture of title for a violation. Architectural approval rests with the developer or an Architectural Control Committee it designates. The restrictions ran until January 1, 2002 and then extend automatically for successive ten-year terms unless owners of eighty per cent of the lots agree before the end of a term not to extend them. They may be amended or rescinded by written instrument signed by owners of eighty per cent of the lots, recorded with the Elkhart County Recorder.

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