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Hunter's Run

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

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

What you can build and change

Conditional

Fences

Two fence types, and nothing else. A split rail fence three rails high, no more than four feet in total height, or a privacy fence around the immediate patio only, no more than six feet in total height. Either one has to match the architectural standards set by the style of the house and be approved in writing by the Architectural Control Committee first. A variance from the fence rule is possible, but it also has to be in writing from the Committee. Fences erected by the developer or by the Association itself are outside the rule, and the recorded file includes a diagram sheet from the Architectural Control Committee showing the perimeter fence layouts it accepts. Two other limits apply. No permanent structure may be built on a platted easement strip except fencing as allowed here. And on a corner lot, no fence, wall, hedge or shrub between two and six feet above the roadway may sit in the triangle formed by the two street lines and a line joining them twenty-five feet back from the intersection, or within ten feet of where a driveway meets the street.

The only fencing enclosures permitted other than those erected by the Developer or Hunters Run Homeowners Association shall be a split rail three (3) rails high, not to exceed four (4) feet in total height, or a privacy fence around an immediate patio not to exceed six (6) feet in total height, and must conform to present architectural standards as set by the style of home thereon built to be approved by the Architectural Control Committee in writing
Conditional

Sheds & outbuildings

A detached storage shed or pet shelter is allowed, but plans go to the Architectural Control Committee before construction starts, and the Committee can require protective screening around it. The standard written into the covenant is that the structure be of quality construction, be kept in attractive and neat appearance, and blend with the established home. A well house needs the Committee's written approval too. Separately, nothing temporary - trailer, tent, shack, garage, barn or other outbuilding - may be lived in on a lot at any time, even temporarily. No size limit, height or setback for a shed is stated, so the Committee's judgment is the whole test.

The construction and placement of any detached storage or pet shelter structures to be used for the storage of lawn 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 and be submitted to the Architectural Control Committee for approval before beginning construction.
✗ Not allowed

RVs, boats & trailers

Recreational and commercial vehicles may not be kept in any open area in Hunters Run - and the covenant deliberately reaches past the lot line, saying it applies whether the open area is on or off the owner's lot. The list it gives is campers, trailers, trucks, boats and snowmobiles. What it does not do is offer a way to comply by hiding one: there is no carve-out in the text for a closed garage, and no screening option for vehicles the way there is for firewood. Firewood has its own rule in the same paragraph - it may not be stored in any open area without screening approved by the Architectural Control Committee, and no more than seven cubic yards may be kept on a lot.

No recreational or commercial vehicles (including campers, trailers, trucks, boats or snowmobiles) may be kept in any open areas in this subdivision, whether such open areas are on or off the lot of any lot owner.
Conditional

Swimming pools & hot tubs

Above ground pools are flatly prohibited. An in-ground pool is allowed, and so is a tennis court, but neither may be built or installed until the plans and specifications have been approved in writing by the Architectural Control Committee. Pool equipment gets a mention elsewhere: a detached structure used to store swimming pool apparatus is treated as a detached building, so it needs its own Committee approval and may have to be screened. The covenant sets no pool fencing standard of its own - the only fences permitted here are the split rail and patio privacy fences in the fencing paragraph, so a pool enclosure has to fit that rule or carry a written variance.

No above ground pools shall be permitted. In ground pools and tennis courts may not be erected, built or installed on any lot unless and until the plans and specifications therefor have been approved in writing by the Architectural Control Committee as provided in paragraph 2 above.
Conditional

Exterior changes & additions

The approval gate here is wide. Nothing may be erected, constructed, placed, maintained or altered on a lot, and the natural topography or drainage of a lot may not be changed, until the Architectural Control Committee has approved the plans. One complete set of plans goes in, and they have to show floor plan, quality of construction, materials, the outside colors to be used, how the external design harmonizes with existing structures, and the location against lot lines, topography and finish grade elevations. Approvals and disapprovals are in writing. Once plans are approved, nothing that departs from them may be built and no deviation may be made without the Committee's prior written consent. The Committee is three people appointed by the Association's President, and the covenant says its decision is entirely within its discretion. No response deadline is stated. The document also releases the Committee and the board from liability for a mistake in judgment, and anyone who submits plans agrees by submitting them not to sue the Committee.

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 is allowed if it is smaller than two feet. Outside above-ground antennas are not - the covenant names television, A.M., F.M. and short-wave radio antennas of any type and bars erecting or maintaining them on any lot or structure. This is one place where reading the older document would give the wrong answer: the 1987 covenant banned satellite dishes of any type along with the antennas, and the 2016 restatement replaced that with the under-two-foot allowance. The same paragraph requires all utility service - electric, gas, telephone and cable television - to run underground and stay out of sight, and street and lot lighting to sit on posts with no visible lines. No placement or screening condition is stated for a conforming dish.

No outside above ground television, A.M., F.M., short-wave radio antennas of any type shall be erected or maintained on any lots or structures in Hunters Run Subdivision. Satellite dishes smaller than two (2) ft. are permitted.
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

Lots have to be kept in good and orderly fashion with landscaping in keeping with the pattern established in the subdivision, and may not be left overgrown or weed infested. This one carries its own enforcement: the Association gives the owner ten days' notice to fix the condition, and if it is not fixed the board may have the work done and bill the owner. New construction has a deadline of its own - side, front and rear yards must be planted with grass seed, sod or ground cover within sixty days after the house is finished or occupied, whichever comes first, unless the Architectural Control Committee decides it is better to wait for the next growing season, in which case the yards go in within the first sixty days of it. Changing a lot's topography or drainage is not landscaping here; it needs Committee approval, and grading on a drainage swale may not be altered in a way that changes how storm water runs off.

All lots shall be maintained in good and orderly fashion, with appropriate landscaping in keeping with the pattern established in the Subdivision. No lots shall be permitted to be overgrown or weed infested.
Conditional

Mailboxes

A mailbox needs the Architectural Control Committee's approval of its location, its design and its appearance before it goes up. No approved style, material or height is named in the covenant, so the Committee's standard is the whole answer - ask the Association what it is approving now before buying a replacement box or post.

No mailbox shall be erected without the approval of location, design, and appearance by the Architectural Control Committee.

How you can live here

Conditional

Pets

Dogs, cats and other household pets are allowed. Two conditions: they may not be kept, bred or maintained for any commercial purpose, and they may not be allowed to run unattended or to become a neighborhood nuisance or hazard. Animals, livestock and poultry of any kind may not be raised, bred or kept on a lot, which rules out chickens. The covenant sets no limit on the number of pets and says nothing about breeds, and there is no leash length or containment method written in - only that unattended and nuisance standard. A detached pet shelter is allowed but is treated as a detached building, so it needs Architectural Control Committee approval first and may have to be screened.

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes and are not permitted to run unattended or to become a neighborhood nuisance or hazard in any manner.
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, five square feet. No sign of any kind may be displayed to public view on a lot except a single sign of not more than five square feet advertising the property for sale or for rent. Builders get a wider allowance: a sign of any dimension to advertise the property during the construction and sales period. Nothing else is carved out - no political, contractor, security or garage sale sign is named, and the rule as written is a general prohibition with those two exceptions.

No sign of any kind shall be displayed to the public view on any lot except one (1) sign of not more than five (5) square feet advertising the property for sale or rent, or a sign of any dimension used by a builder to advertise the property during the construction and sales period.
Conditional

Street parking

The covenant does not regulate where residents park an ordinary car, and it says nothing about parking on the street. What it does regulate is what may sit in the open: campers, trailers, trucks, boats and snowmobiles may not be kept in any open area in the subdivision, on or off the owner's lot. Around that, every house must have a full-size attached garage that holds at least two cars and no more than three, and driveways have to be at least twelve feet wide, asphalt or concrete at least four inches thick, with no stone or cinder drives allowed; a circular drive in front of a house may be as narrow as eight feet.

No recreational or commercial vehicles (including campers, trailers, trucks, boats or snowmobiles) may be kept in any open areas in this subdivision, whether such open areas are on or off the lot of any lot owner.
✗ Not allowed

Running a business from home

Lots are single-family residential only, and the covenant says no commercial activities of any kind may be carried on from a lot. It draws no line for a quiet home office, a licensed in-home occupation, or a business with no customer traffic - the prohibition as written is on commercial activity of any kind. The one commercial use appearing elsewhere in the document is the builder's construction and sales signage during the sales period. Keeping pets for commercial purposes is separately barred.

No lot or lots shall be used for any purpose other than as a single-family residence and no commercial activities of any kind may be carried on from any lot or lots.
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

Trash, garbage and other waste may not be kept except in sanitary containers, and no lot may be used or maintained as a dumping ground for rubbish. Incinerators and any other equipment for storing or disposing of waste have to be kept in a clean and sanitary condition. The covenant does not say where containers must be stored between pickups, or when they may be at the curb. The Association is separately given power to enforce the rules about 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.
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.

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Not stated

Clotheslines

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Conditional

Flags & flagpoles

A flag pole needs prior approval from the Architectural Committee before it is placed on a lot, and the Committee may require screening as a condition of approving it. Ornamental structures and statues sit in the same paragraph under the same rule. The covenant addresses the pole, not the flag - it sets no limit on pole height or placement, says nothing about what may be flown, and says nothing about a flag mounted on the house.

Prior approval shall be obtained through the Architectural Committee before locating any flag poles, ornamental structures or statues on any lot in Hunters Run. The Committee may require screening as a part of any approval.
Not stated

Window coverings & decorations

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Where these answers come from

The documentAmended and Restated Protective Restrictions, Covenants, Limitations and Easements for Hunters Run, Elkhart County, Indiana
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. That can misread individual words, which is why nothing on this page is presented as a direct quote.
The associationHunters Run has a real, active homeowners association: Hunters Run Homeowners Association, Inc., an Indiana not-for-profit corporation. Membership is automatic and not optional - every owner of a lot in Hunters Run is a member, and each lot carries one vote. A lot's vote is suspended if its assessments or dues run more than three months delinquent. What it maintains: all park and common areas, including any recreational areas, the landscape easements, and all street lighting, plus whatever security services the Association decides are advisable. The 2016 restatement adds an obligation that the Association keep the aesthetic aspects of the property - creeks, ponds and all landscape easements - maintained in the interest of the members. There is a landscape easement at the Stonebrier Drive entrance and along the County Road 15 frontage, including the retention area shown on the Section One plat as Drainage Easement No. 2; the Association holds that easement for walls, fences, plantings and irrigation, and no owner whose lot is subject to an easement may touch it or anything built on it without the Association's consent. Individual lot lighting is the owner's expense, not the Association's: each lot has to carry a dusk-to-dawn post light or gas light of a type the Architectural Control Committee approves, and the owner keeps it working. Who approves and who enforces: a three-person Architectural Control Committee, appointed by the Association's President and serving until the President removes them or they resign. Under the 1987 original the Committee was the developer's, and its authority was written to expire fifteen years after the Section One plat was recorded. The 2016 restatement moved the appointment to the President and dropped the expiration, so the Committee is a standing body. Its decision is, in the document's words, entirely within its discretion, and its approvals and disapprovals are in writing. The documents set no deadline for the Committee to answer a submission, which is worth knowing if a project is on a closing timeline. Assessments: the Association may levy and collect annual dues and assessments for street lighting, park and common area maintenance and improvements, and security services. The cap written into the covenant is $150.00 per lot per year - but that figure is indexed. The Directors may raise the maximum automatically in proportion to the rise in the U.S. Government's consumer price index, urban households, using 1986 as the base year, so the ceiling today is well above $150 and the covenant does not state what it is. Assessments are levied equally on every lot in every section. The documents do not state what Hunters Run actually charges - ask the Association or the seller for the current figure and for a statement of any unpaid balance on the lot. What happens on a violation: failing to pay is itself a violation of the covenants. Unpaid dues become a lien on the lot, enforced under Ind. Code Section 32-28-14-1 et seq., and they carry twelve percent annual interest starting thirty days after they come due, plus attorneys' fees, without relief from valuation and appraisement laws. That lien is subordinate to a first mortgage. A buyer or anyone dealing with a lot may rely on a certificate signed by the Association's president or secretary showing what is due and unpaid, and the Association cannot enforce a lien for anything accruing before that certificate unless the certificate shows it. Separately, on a landscaping violation the Association may give the owner ten days' notice to fix the condition and then have the work done at the owner's cost. Beyond money, enforcement is by lawsuit: any lot owner and the Association both hold the right to sue for an injunction, to have an offending structure removed by due process of law, and to recover damages. If the Association hires counsel, the losing owner pays the enforcement costs including reasonable attorneys' fees, and the Association gets a lien on the lot for them. There is no fine schedule in these documents, and no forfeiture of title. The Association's bylaws are also in this file. They set a board of three to seven directors elected annually, three officers (President, Secretary, Treasurer) chosen by the members, an annual members' meeting with a ten percent quorum, one vote per lot with proportional splitting among co-owners, and notice of meetings by written, printed or email notice at least ten days out. Board meetings are open to any member. The board may adopt and amend rules and regulations by a three-fourths vote without a membership vote, but members holding a quarter of the eligible votes can object in writing within thirty days and rescind a rule until three-fourths of the votes approve it - so rules can exist here that are not in the recorded covenant. The board cannot spend more than $5,000.00 on a capital addition or structural alteration to the common areas without prior written approval of a majority of the members. The bylaws carry no date in this file, and they incorporate the 1987 Section One declaration as amended from time to time, so whether they predate or follow the 2016 restatement is not determinable from the scan. One more thing a buyer should know: the covenants no longer run out. The 1987 original ran until June 1, 2015 and then extended in ten-year periods; the 2016 restatement makes them perpetual to the extent the law allows. Amending them now takes the affirmative vote or written consent of owners holding at least fifty-one percent of the eligible vote, certified by the President and Secretary and recorded. The board may also amend the declaration and bylaws on its own, without an owner vote, to comply with law or with Fannie Mae, Freddie Mac, HUD or VA guidelines. Because amendments are recorded separately, ask the Association and the title company for anything recorded after February 24, 2016.

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