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Jimtown Crossing

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

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

Before you rely on this page

The instrument read here covers Jimtown Crossing Phase one and two. Several topics buyers commonly ask about - solar panels, leasing or short-term rental, clotheslines, flags, window treatments and working on a vehicle at home - are not addressed anywhere in these covenants. Two obligations here are heavier than most subdivisions in the area: every lot is required to have an underground irrigation system, and no recreational vehicle or boat may sit in the open anywhere in the subdivision, including on your own lot.

What you can build and change

Conditional

Fences

Fences are capped by height and need written approval before they go up. A fence enclosure can be no more than four feet high. A privacy fence is allowed only around an immediate patio or pool, and no more than six feet there. Whatever goes in has to match the architectural standards set by the style of the house and be approved in writing by the Jimtown Crossing Architectural Control Committee; a variance from the fence rule also has to be approved in writing by that committee. On a corner lot a separate covenant bars any fence, wall, hedge or shrub that blocks sight lines between two and six feet above the roadway inside the triangle formed by the street lines and a line joining them 25 feet from the intersection, and the same limit applies within ten feet of where a driveway meets the street.

The only fencing enclosures permitted shall not exceed four (4) feet high, or a privacy fence around an immediate patio or pool of not more than six (6) feet and must conform to present architectural standards as set by the style of home thereon built and be approved by the Architectural Control Committee in writing
Conditional

Sheds & outbuildings

A detached structure needs the committee's written approval before construction starts, and the covenants set out the standard it is judged against. The detached-buildings covenant names pet shelters, play houses, play structures and swimming pool apparatus structures, then sweeps in any other personal property: it has to be quality construction, kept attractive and neat, and blend with the house. The committee can require protective screening around it. Separately, the general architectural covenant says nothing at all may be erected or placed on a lot until the plans are approved. A shed or outbuilding also cannot be lived in, even temporarily.

The construction and placement of any detached pet shelter, play house, play structures or structures designed for swimming pool apparatus, or any other personal property 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

Campers, trailers, trucks, boats and snowmobiles cannot be kept in the open anywhere in the subdivision - the covenant reaches open areas on your own lot as well as off it. The one exception written in is loading or unloading for up to 48 hours, and the document adds that those cannot be back-to-back 48-hour periods.

No recreational or commercial vehicles (campers, trailers, trucks, boats or snowmobiles) may be kept in open areas in this subdivision, whether such open areas are on or off the lot of any owner, except for loading or unloading for a period of 48 hours. (Not to be consecutive 48 hour periods.)
Conditional

Swimming pools & hot tubs

Above-ground pools are prohibited outright. An in-ground pool is allowed only after the plans and specifications are approved in writing by the Jimtown Crossing Architectural Control Committee, and any lighting for it needs that same prior approval. A privacy fence up to six feet is permitted around an immediate pool, and a structure built for pool apparatus goes through the detached-buildings approval as well.

No above ground pools shall be permitted. In-ground pools and permanent or paved recreational and athletic facilities (including, but not limited to, tennis, basketball and volleyball 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 Jimtown Crossing Architectural Control Committee
Conditional

Exterior changes & additions

Everything exterior runs through the architectural committee first, and the covenant is written broadly: no building or other structure may be erected, constructed, placed, maintained or altered, and the natural topography or drainage of a lot may not be altered, until the plans are approved. Two complete sets of plans go in showing the floor plan, quality of construction materials, the outside colors, how the external design sits with existing homes, and the location on the lot; one set is kept at the developer's office and one comes back to the owner. Paving of any kind, including parking or recreational paving, also needs approval. Approval or disapproval is in writing with the reasons for a denial stated, and no change or deviation from approved plans is allowed without the committee's prior written consent. The covenants also require that the builder be approved by the developer, and say the committee's decision is entirely within its discretion.

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 of the structure or for the topographical alterations have been approved by the Architectural Control Committee.
Conditional

Satellite dishes & antennas

An 18-inch satellite dish is allowed as long as it is not conspicuously visible from the street or from neighboring homes. Outside above-ground television, AM, FM and short-wave radio antennas of any type are prohibited, with one exception written into the covenant for an internet tower at the perimeter of the development. Utility service is required to be underground and out of sight.

Eighteen (18) inch satellite dishes shall be allowed, provided it is not conspicuously visible from the street or adjacent homes.
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

Lawn and landscaping obligations here are unusually specific. Every lot has to be kept in good and orderly fashion with landscaping in keeping with the patterns established in the subdivision, and no lot may be overgrown or weed infested. Every lot is required to have an underground irrigation system able to water all cultivated areas, kept in working order and run enough to keep things growing; exceptions can be approved by the architectural committee in writing. After a house is finished or occupied, whichever comes first, the side, front and rear yards have to be planted with grass, sod or ground cover within 120 days, and on wooded lots the strip between the tree line and the curb has to be planted and kept neat. A vacant lot has to be kept clear of rubbish and weeds with the grass at a reasonable length, and if it is not, the developer can give the owner ten days' notice and then do the work at the owner's cost. Screen planting between the building setback line and the front lot line may not exceed 72 inches high.

All lots must have underground irrigation systems capable of adequately watering all cultivated areas; the systems must be maintained in good working order and operated sufficiently to insure proper growing conditions. Exceptions may be approved by the Architectural Control Committee in writing.
Conditional

Mailboxes

The covenants specify the mailbox. It goes at the front of the home, positioned for easy mail and newspaper delivery, and has to be landscaped to look good. The box has to be of similar design and materials to match the house, or as the developer determines, with a newspaper receptacle directly beneath it. House numbers go on both sides of the box or post so they can be read from either direction of traffic.

Said mailbox shall be of similar design and materials to match the home (or to be determined by the Developer) designed with a newspaper receptacle directly beneath the mailbox. The mailbox or post shall have numbers on both sides of the mailbox or post, so as to be visible to oncoming traffic from both directions.

How you can live here

Conditional

Pets

Dogs, cats and other household pets are allowed. They cannot be kept, bred or maintained for any commercial purpose, and they cannot become a neighborhood nuisance or hazard. No animals, livestock or poultry otherwise. Two specific limits are written in: no vicious or attack-trained dog at any time on any lot, and no pet may roam free of its owner's lot. The nuisance covenant separately names excessively loud barking.

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 become a neighborhood nuisance or hazard in any manner. No vicious or attack trained dog may be kept at any time on any lot. No pet shall be allowed to roam free of owner's lot.
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.

We can find out →
Conditional

Basketball hoops

A permanent or paved basketball court is specifically covered: the covenant names basketball courts among the permanent or paved recreational and athletic facilities that may not be built or installed on a lot until the plans and specifications are approved in writing by the Jimtown Crossing Architectural Control Committee, and any lighting for one needs that prior approval too. A portable or driveway hoop is not addressed one way or the other, though the detached-buildings covenant does require committee approval for play structures generally. Worth asking the association which side of that line a portable hoop falls on.

In-ground pools and permanent or paved recreational and athletic facilities (including, but not limited to, tennis, basketball and volleyball 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 Jimtown Crossing Architectural Control Committee
Conditional

Yard signs

One sign, and it has a size limit. 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 rent. A builder gets a wider allowance - a sign of any size to advertise the property for sale or rent and during the construction and sales period - and the developer reserved the right to put up whatever signs it wants to promote and sell lots in the development.

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 property for sale or rent, or a sign of any dimension used by a builder to advertise the property for sale or rent
Conditional

Street parking

Park in the garage or on the driveway. Motor vehicles of any kind may not be parked, kept, stored or otherwise maintained on any street or lawn area, and no vehicle may sit on a street between midnight and 6:00 a.m. Anything parked overnight has to be entirely within a garage or a driveway. The driveways themselves are specified: concrete, at least four inches thick, a minimum of twelve feet wide, with circular drives at least eight feet wide; stone and cinder driveways are prohibited, and exceptions have to be approved in writing by the architectural committee.

No motor vehicles of any kind or description may be parked, kept, stored or otherwise maintained on any street or lawn area, nor may any vehicles be parked on any street between the hours of 12:00 o'clock a.m. and 6:00 o'clock a.m. All vehicles to be parked overnight shall be located entirely within a garage or driveway.
✗ Not allowed

Running a business from home

The covenant headed Home Occupations says a lot may not be used for any purpose other than a single family residence. Nothing in the document carves out a home office or a quiet at-home occupation, so anything beyond residential use is worth raising with the association before you count on it. A related covenant bars keeping or breeding pets for commercial purposes, and commercial vehicles cannot be kept in the open anywhere in the subdivision.

(B) Home Occupations. No lot or lots shall be used for any purpose other than a single family residence.
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 →
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.

We can find out →
Conditional

Trash & recycling containers

Trash, garbage and other waste have to be kept in sanitary containers, and no lot or land may be used as a dumping ground for rubbish, grass clippings, leaves, tree limbs or compost. Open burning is prohibited outright - in incinerators, in containers or any other way - and the covenant lists trash, waste, refuse, building materials, leaves, tree limbs, grass clippings and debris. Collection is on one specified day each week, which the association picks by majority vote. Debris left anywhere in the subdivision may be cleaned up by the developer at the offender's expense, and if loose debris becomes a general nuisance the association's board can have it cleaned up at the lot owner's cost.

Trash, garbage or other waste shall not be kept except in sanitary containers. No open burning shall be permitted on any lot, whether in incinerators, containers or otherwise.
Conditional

Grilling & outdoor cooking

The open-burning ban has a written exception for a fire pit or barbecue pit. A homeowner may create and use one as long as it burns clean burning wood or fuel and does not become a nuisance or a health or safety hazard to any other property owner. There is no separate rule about grills, and none about how close to the house or a lot line a pit can sit.

However, a homeowner may create and use a fire pit or barbecue pit which burns clean burning wood or fuel so long as it does not become a nuisance or health safety hazard to any other property owner.
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 →
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 documentJimtown Crossing Protective Restrictions, Covenants, Limitations and Easements, for Jimtown Crossing Phase one and two
Recorded asJimtown Crossing Protective Restrictions, Covenants, Limitations and Easements, Elkhart County instrument 2022-16709, recorded 08/03/2022
Its own face line: 'Previous Recorded 2017-18217 and 2019-20529 and 2022-00248'
Developer: J W Development Corp.
Architectural authority: the Jimtown Crossing Architectural Control Committee
How it was readRead directly from the document’s own text.
Checked againstThree covenant documents were attached to listings in this neighborhood and all three are the same set of Jimtown Crossing covenants at three different recordings: 2019-20529 (Oct 2019), 2022-00248 (Jan 2022) and 2022-16709 (Aug 2022). The Aug 2022 recording is the one read here - it restates all 34 covenants in full, names the earlier recordings on its face, and adds Phase 2 from Plat book 43 page 10. A fourth document attached to a listing in this neighborhood is a seller's residential real estate sales disclosure, not a covenant, and was not read.
The associationThere is an association: the Jimtown Crossing Homeowners' Association, Inc., an Indiana corporation. Every lot owner is a member and gets one vote; if one owner holds more than one lot, those lots count as one lot for voting. The covenants say the Association exists to manage and financially support the entrance and all the street lighting, to provide whatever security services it decides are advisable, and to make sure the environmental side of the property - the retention areas and the entrance - is kept up. It holds a meeting at least once a year to elect officers and adopts its own bylaws. Common areas are maintained under contract rather than by volunteers: the covenants say entrance landscaping, sprinklers, ponds, mounded plantings, walking paths and the drainage and retention areas are to be maintained by a local professional maintenance company the Association elects, paid out of annual dues. The developer covers any shortfall at its discretion until enough lots are sold to fund it. The Association also picks the one day a week trash is collected, by majority vote, and the covenants put the street lights on the Association with automatic dusk-to-dawn operators. Architectural approval runs through the Jimtown Crossing Architectural Control Committee, which is seated by the developer named in the instrument, J W Development Corp. Nothing gets built, placed or altered on a lot - and no lot's grading or drainage gets changed - until the committee approves the plans in writing. Two full sets of plans go in showing the floor plan, materials, outside colors, how the design fits the neighboring homes, and where it sits on the lot; one set comes back to the owner. An approval or a denial is in writing and a denial has to state its reasons. The document says the committee's decision is entirely within its discretion, and no response deadline is written into the covenants. On a violation, the right to enforce by injunction and to seek damages is vested in every lot owner, in the Association and in the developer. If the Association or the developer hires a lawyer to enforce the covenants, the covenants say the owner being enforced against pays all costs including reasonable attorney fees, and the Association or developer gets a lien on that lot to secure those costs, enforced the way a mechanic's lien is under Indiana law. There is no forfeiture of title for a violation. On money: the Association can impose and collect annual dues and assessments for the street lighting, the upkeep and improvement of the entrance and other common areas, and the security services, levied equally on every lot. Bills go out on a date the board sets and are due within 30 days. Unpaid dues become a lien on the lot, enforced like a mechanic's lien and subordinate to a first mortgage, and anything past due carries 12 percent annual interest starting 30 days after it was due, plus attorney fees. A buyer can rely on a certificate signed by the Association's president or secretary showing what is owed as of that date. The only dollar figure anywhere in the documents is a ceiling from the developer-control period: while the developer is acting on the Association's behalf before the Association is created, total dues and assessments cannot exceed $400.00 per lot per year, and the developer's own 20-year right to amend the covenants expressly cannot raise that $400 limit. That cap is not a current dues quote - ask the association what the dues are now and what they cover. The covenants run until January 1, 2037 and then extend automatically in ten-year blocks unless owners of 51 percent of the lots vote to change them. Amendments need the recorded signatures of owners of at least 51 percent of the lots, except during the developer's exclusive 20-year amendment window measured from the recording of the plat.

Ask us about Jimtown Crossing

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