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Hermitage South Estates

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

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

Before you rely on this page

Hermitage South Estates is not governed by a single document, and the file for this neighborhood holds four different ones. Read this before you rely on any answer above.

These answers come from the Revised Code of By-Laws, Covenants and Restrictions of Hermitage II Homeowners' Association, Inc., recorded in St. Joseph County on July 3, 2013 as instrument 1320117, together with a written consent of the board effective November 22, 2014 that added the rule on basketball hoops and other sports equipment. The 2013 document states that all versions of association by-laws prior to August 1, 2013 are rescinded, and it names the lots it reaches: lots 96 through 102 on the plat of Hermitage South Estates Section 2 Part 2, and lots 113A through 124 and lots 129 through 151 on the plat of Section 3.

If your lot is not one of those, these answers may not be your rules. An older recorded Declaration of Protective Covenants and Restrictions for Hermitage South Estates Section Two, Part Two, recorded December 1996 as instrument 9649833, covers lots 96 through 103 and remains on record. The two documents answer several questions differently. The 1996 declaration allows an in-ground pool and bans only above-ground ones, while the 2013 document bans exterior swimming pools of both kinds. The 1996 declaration bars house trailers, motor homes, large trucks and boats from a lot at any time, while the 2013 document allows them kept out of sight inside a structure and for up to a week otherwise. The 1996 declaration allows one five-square-foot for-sale sign, while the 2013 document discourages signage generally and adds terms for political signs. The two also disagree about lot 96, which the 1996 declaration assigns to Hermitage South Homeowners' Association and the 2013 document lists among Hermitage II's lots. Lot 103 is in the 1996 declaration and not in the 2013 list at all.

Separately, there is a Hermitage South Condominium under its own Declaration of Horizontal Property Regime, with its own association and its own bylaws as amended in March 2025. That is a condominium, a different form of ownership with different documents, and nothing on this page is drawn from it or describes it.

The recorded copies on file are scans of paper, so individual words can be misread, and every answer quotes the document's own wording so you can judge it yourself. Before you rely on any of this, confirm with the association which documents run with your specific lot, and ask whether the board has adopted further rules since 2014 - it has the power to, by majority vote, and any such rules would not be in this file. Your title company can pull the recorded instruments for your lot.

What you can build and change

Conditional

Fences

Fences, walls, hedges, shrubs, tall flower groupings and screening plants are not allowed along the front property line at all. Along a side or rear lot line those same items have to stay under four feet high, and none of them may sit closer than twenty-five feet from the street line. There is one written exception: shrubbery planted in a side yard to screen adjacent housing, or at the front of the house, when it is done in a tasteful manner.

Fences, walls, hedges, shrubs, tall flower groupings and screening plants are not allowed along the front property line of any property. Those same items shall be restricted to less than four feet in height in side or rear Lot lines and shall not be permitted closer than 25 feet from the street line.
✗ Not allowed

Sheds & outbuildings

Temporary structures are ruled out flatly. The restriction names trailers, tents, shacks and other outbuildings, and it does not qualify the ban by size, placement or approval. A separate item also caps total building coverage, including decks, carports and arbors, at sixty percent of the lot. Note that the wording here is firmer than the older 1996 declaration for Section Two Part Two, which barred such structures only from being used as a residence.

Structures of a temporary character like trailers, tents, shacks or other outbuildings are not allowed;
Conditional

RVs, boats & trailers

There is a place where these may be kept and a limit on how long they may sit out. House trailers, motor homes, large trucks, vans, boats and similar vehicles have to be kept out of sight inside a structure, and may not be parked on a lot permanently or for longer than one week. So a camper or boat is not banned from the neighborhood, but it is not meant to sit in the open. The older 1996 declaration that also covers Section Two Part Two is stricter on this point and allows no such vehicle on a lot at any time.

House trailers, motor homes, large trucks, vans, boats or other similar vehicles shall be located out-of-sight within a structure and not parked, either permanently or for longer than one week on any subdivision Lot;
✗ Not allowed

Swimming pools & hot tubs

Exterior swimming pools are not allowed, and the restriction says so for both in-ground and above-ground. What is allowed is a garden pool, no larger than five by eight feet, with any surrounding structure no higher than fifteen inches. This is a real change from the older 1996 declaration for Section Two Part Two, which barred only above-ground pools, so if the two documents both reach your lot this is one to confirm with the board.

Exterior swimming pools, either in- or above-ground, are not allowed. Garden pools, not larger than 5 x 8 feet with a surrounding structure not higher than 15 inches are allowed;
Conditional

Exterior changes & additions

An existing house may not be altered on the outside without the board's written approval. You put the proposed change in writing in a format the board will accept, and you wait: if approval is not given, the alteration is not allowed and construction may not proceed. The board has to respond with its ruling within thirty days. Building coverage, counting decks, carports, arbors and similar construction, is also capped at sixty percent of the lot area.

Present buildings shall not be altered on the outside without written approval of the Board of Directors. Owners shall present any proposed changes in writing in a format acceptable to the Board for approval prior to proceeding with an alteration.
Conditional

Satellite dishes & antennas

Exposed CB-type radio or television transmitting and receiving devices are not allowed. Satellite dishes are the exception, provided their dimensions conform to current industry standards. The restriction gives no figure in inches, so what counts as conforming is a question for the board. Federal rules also limit how far a covenant like this can be enforced against a small dish.

Exposed CB-type radio or television transmission/receiving devices shall not be allowed except for satellite dishes whose dimensions conform to current industry standards;
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.

We can find out →
Conditional

Landscaping, trees & gardens

Two restrictions shape planting. Hedges, shrubs, tall flower groupings and screening plants are not allowed along the front property line, have to stay under four feet along side and rear lot lines, and may not come closer than twenty-five feet to the street line, with an exception for tasteful screening shrubbery in a side yard or at the front of the house. Inside the utility and drainage easements shown on the plat, no permanent structure and no planting is allowed at all. Worth knowing before you budget for yard care: the board contracts for the maintenance of lawns and shrubbery owned by the membership and for snow removal on sidewalks and individual driveways owned by the membership, so some of this is done for you.

Easements, which are displayed on subdivision plats, are reserved for the installation and maintenance of utilities and drainage. Therefore, no permanent structure or planting shall be carried out within these easements;
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 domestic animals kept for companionship are allowed, with conditions. They have to be sheltered indoors overnight. An animal walked within the subdivision has to be on a leash, and whoever is in control of it picks up the droppings. No animal may be bred or raised for a commercial purpose. Large animals, livestock, poultry and other kinds of animals may not be raised or sheltered on a lot. No number limit is given.

Large animals, livestock, poultry or other kinds of animals shall not be raised or sheltered on any Lot within the subdivision. Dogs, cats, or other domestic animals maintained by an owner for companionship shall be sheltered indoors overnight.
Not stated

Renting your home

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Conditional

Basketball hoops

This one was added by the board in November 2014. Sports equipment such as basketball hoops, whether portable or permanent, may not be on the street side of the property, may not be attached to the street side of the home, garage or other structure, and may not be visible on side property. The board's stated reason is noise and keeping property appearances reasonable. The restriction is written as a placement rule rather than an outright ban, so where a hoop can go is worth confirming with the board before you buy one.

18. Sports equipment such as basketball hoops or other such equipment, whether portable or permanent, shall not be allowed on the street side of property, attached to street side of home, garage or other structure, or visible on side property of any housing unit subject to jurisdiction of this Hermitage II Association.
Conditional

Yard signs

Signage of any kind is discouraged, with one stated exception: a sign advertising the property for sale. Political signs are permissible if presented in good taste, and the timing is spelled out - not displayed earlier than one month before an election, and removed within one week after it. No size limit is given for either.

Signage of any kind is discouraged, with the exception of a sign advertising the property for sale. Political signs are permissible, if presented in good taste, and can be displayed not prior to one month before an election and removed within one week after the election;
Conditional

Street parking

On public street parking the document is unusually clear that there is no restriction. What it does instead is encourage owners to remind visitors to park so they do not interfere with routine services such as mail, special delivery and trash. The real limit is on large vehicles: house trailers, motor homes, large trucks, vans, boats and similar vehicles have to be kept out of sight inside a structure and may not sit on a lot permanently or longer than a week.

There can be no restriction placed on public street parking, however, the Board encourages owners to remind visitors about routine services, such as mail/special delivery and trash, and park in such a way as to not interfere with these services.
✗ Not allowed

Running a business from home

There is no home-occupation paragraph anywhere in this document. What it says is that no lot in the subdivision shall be used for other than residential purposes, backed by a separate item saying noxious or offensive activity will not be tolerated, nor any annoyance or nuisance such as loud noise or raucous parties. How far that reaches a purely in-home office with no sign, no employees and no customers coming to the house is not spelled out, so anyone planning to work from home in a way neighbours would notice should get the board's position in writing.

No Lot within the subdivision shall be used for other than residential 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

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 lot may be used or maintained as a dumping ground for trash, rubbish, garbage or like materials, and incinerators are not allowed at all. Separately, the board is charged with making sure owners use effective garbage collection. The document does not say where bins have to be kept between collections.

No Lot within the subdivision shall be used or maintained as a dumping ground for trash, rubbish, garbage or like materials. Incinerators are not allowed;
Not stated

Grilling & outdoor cooking

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

Clotheslines

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

Flags & flagpoles

Flags are expressly welcome here, within a size. Flag poles are permitted and flags may be displayed, with the size restricted to the standard three by five feet. Federal, state, community and school flags are all named as allowed so long as they keep to those dimensions.

Flag poles are permitted and flags are allowed to be displayed. F lag size should be restricted to the standard 3 x 5 feet. Flying Federal, State, community or school flags are allowed so long as they conform to the dimensions suggested above;
Conditional

Window coverings & decorations

The document addresses the outside of the house rather than what sits inside a window. Exterior decoration has to be tastefully done, and the restriction names painting, shutters, exterior lighting and other exterior decor. Seasonal decorations are allowed but are not to be too gaudy, which the board decides, and they have to come down within a month of the seasonal activity. Nothing addresses curtains, blinds or anything displayed inside a window.

Exterior decorations shall be tastefully done with respect to painting, shutters, exterior lighting or other exterior decor. Seasonal decorations shall also not be too gaudy, as determined by the Board, and shall be removed within a month of the seasonal activity;

Where these answers come from

The documentRevised Code of By-Laws, Covenants and Restrictions of Hermitage II Homeowners' Association, Inc., recorded July 3, 2013 as instrument 1320117, with the board's written consent of November 22, 2014
Recorded asRevised Code of By-Laws, Covenants and Restrictions of Hermitage II Homeowners' Association, Inc., recorded July 3, 2013 as instrument 1320117
Written Consent of the Hermitage II board effective November 22, 2014, adding the sports-equipment restriction
Certificate of Incorporation of Hermitage II Homeowners' Association, Inc., August 6, 1991, document 9121918
Plat of Hermitage South Estates, Section 2, Part 2, recorded November 8, 1996 as instrument 9644963
Plat of Hermitage South Estates, Section 3, recorded June 5, 1997 as instrument 9721949, amended by document 9750465 of December 5, 1997
Declaration of Protective Covenants and Restrictions for Hermitage South Estates, Section Two, Part Two, recorded December 1996 as instrument 9649833 - a separate recorded declaration for lots 96 through 103, read but not used as the governing instrument
How it was readRead page by page off the optical character recognition of the scanned recorded documents, with the final page re-read by eye off the page image to recover a 2014 board restriction the scan had lost.
The associationHermitage South Estates is served by more than one association, and which one you belong to depends on your lot. The answers on this page come from Hermitage II Homeowners' Association, Inc., an Indiana not-for-profit incorporated August 6, 1991. Its 2013 restated document covers lots 96 through 102 in Section 2 Part 2 and lots 113A through 124 and 129 through 151 in Section 3. The 1996 recorded declaration for Section Two Part Two also names Hermitage South Homeowners' Association, Inc. and puts lots 96 and 103 with it - the two documents do not line up on lot 96, so confirm which association your lot is in before relying on anything here. A separate Hermitage South Condominium Association exists as well; it is a condominium under its own horizontal property regime and is not this subdivision. This is a fuller-service association than most in the area. The board contracts for the timely maintenance of lawns and shrubbery owned by the membership and for the timely removal of snow on sidewalks and individual driveways owned by the membership. It also sets the assessment rate, oversees collection, makes sure owners use effective garbage collection, sees that properties are kept in good repair, tells the city when roadways need work, carries liability insurance, and enforces the land-use restrictions. It may hire a managing agent, who assists but cannot decide for the association or vote. The board is five owners, or no fewer than three if five do not come forward, each serving three-year terms. Directors are unpaid beyond fifty dollars in value. The annual meeting is held in April, and the president and treasurer report on activities and finances there, with last year's figures and next year's proposed budget made available. Each lot has one vote, and an owner more than three months in arrears forfeits voting rights until paid in full. Assessments are monthly, set by the board at the level needed to run without debt, and prorated for a new owner's actual days of ownership. Ten percent of what is collected goes into a reserve fund the board can release in an emergency. Two statutory caps are written in: dues cannot rise more than ten percent without a fifty-one percent vote of the membership, and the board may not enter a contract creating a new or increased assessment of more than five hundred dollars per year per affected member without following the statute. Special assessments for unusual or extraordinary expenses can be made without a membership vote and become a lien on each lot. No recorded figure appears in these documents; a recent seller's disclosure in the file reports dues of three hundred thirty dollars a year covering upkeep of the entrance, but that is one seller's statement about one association here rather than a recorded amount, so ask the board what your lot actually pays. An assessment unpaid for three months is delinquent and can draw a lien, filed by the board, enforced like a mortgage lien and carrying title expenses, judgment-rate interest from the assessment date, collection costs, attorney's fees and court costs. A lien can be filed without specific notice where circumstances dictate. Owners are personally liable, jointly and severally where a lot has more than one owner. On violations, the association may proceed at law or in equity, and an owner who loses pays the enforcement costs including legal fees. The board reserves the right to have a violating structure physically removed. There is a grievance route and a limit worth knowing: an owner may appeal a board decision on additional restrictions, and the membership can overturn one by a three-quarters vote, but owners are not permitted to take the board to court over enforcement or non-enforcement without first appealing to the membership and then going to binding arbitration. The board may add further restrictions and covenants by majority vote, with the secretary sending copies to the membership. One such addition, the 2014 rule on sports equipment, is reflected in the answers above. Others may have been adopted since and would not be in these documents.

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