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Newbury Pointe (F)

What the recorded documents actually say about Newbury Pointe (F) in Osceola — fences, sheds, pools, pets, parking and the rest — with the part of the document each answer comes from.

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

Before you rely on this page

THE FIRST AMENDMENT REVOKES AND REPLACES THE ORIGINAL DECLARATION IN FULL, so the 2005 documents 0512270 and 0512271 are not the answer on their own. A water feature home site is a different proposition from an ordinary lot here: no detached building of any kind is allowed on one, the shoreline is the owner's to maintain at their own cost, the pond may be used for ice skating and essentially nothing else - swimming, boating, fishing, snowmobiling, rafts, lawn irrigation and heat-pump use are all named as prohibited - no bridge may be built over or through it, and those owners pay a separate association for its upkeep. Minimum house sizes are 1,100 square feet on a ranch and 1,500 on everything else.

What you can build and change

Conditional

Fences

All fencing has to be PVC or a similar maintenance-free product; wood or painted metal needs the architectural committee's unanimous approval. A perimeter fence that is not privacy in nature may be up to four feet, with the style and location approved in writing first. A later amendment adds a six-foot privacy fence around the perimeter of the back yard, with the committee's approval - and the committee decides, at its sole discretion, what counts as the back yard.

Section V.B - Fencing, with the First Amendment, paragraph 4
Conditional

Sheds & outbuildings

A detached storage or pet-shelter structure may be no more than 10 by 12 feet, goes in the rear yard, has to be quality construction with horizontal vinyl siding that blends with the house, and needs the architectural committee's written approval before construction; the committee may require screening. Two hard limits sit on top of that: a detached building is allowed only in the area marked on the covenant's own Exhibit A, and NO detached building at all is allowed on a water feature home site. No trailer, modular or manufactured home, prebuilt home, basement, tent, shack, garage, barn or outbuilding may be lived in.

Section VII.C - Detached Buildings, with the prohibited-structures paragraph
✗ Not allowed

RVs, boats & trailers

Recreational and commercial vehicles - campers, trailers, trucks and boats - may not be kept in open areas anywhere in the neighborhood, on a home site or off it.

Section VII - Recreational and Commercial Vehicles
✗ Not allowed

Swimming pools & hot tubs

Tennis courts and above-ground pools are both prohibited. An in-ground pool is treated as an addition: it goes to the architectural committee first and has to be finished within six months of starting.

Section VII.M - Tennis Courts and Pools, with Section VI.B.2
Conditional

Exterior changes & additions

Any alteration, improvement, remodel or maintenance that changes how the house looks from outside has to be submitted to and approved by the architectural control committee before work begins. Anything begun is finished within a year or removed; an addition, within six months. All buildings are substantial frame, brick or stone, finished outside before anyone moves in. One quirk worth knowing: the developer pre-approved every plan and house built by Weiss Homes, Inc., and changing or removing that paragraph takes a unanimous vote of all current owners.

Section VI.A - Alterations, with Sections VI.B and IV.B.3
Conditional

Satellite dishes & antennas

Outside above-ground TV, AM, FM and short-wave antennas of any type are barred, but a direct-broadcast satellite dish of no more than one meter across is allowed. It goes where it is least visible from the street or common property if that is feasible, and the architectural committee may require shrubbery or other screening and a harmonious colour at the owner's cost, as long as that does not unreasonably impair the installation or use. The committee approves the placement in writing before it goes up.

Section VII.B - Antennas
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

Side, front and rear yards are seeded or sodded - another ground cover needs prior written approval. Grading and seeding are done by the time you move in, or if the season will not allow it, as soon as practical and no later than June 15 after occupancy, and never in a way that hinders drainage. Drainage swales, easements and road ditches stay open and unfilled. Every owner also has to keep the lawn cut, remove debris, take down dead trees and stumps, and keep the outside of the house from becoming unsightly - and if they do not, the association may come onto the home site, do the work, and add the cost to the annual assessment.

Section VI.E - Landscaping, with the home site maintenance paragraph
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.

We can find out →

How you can live here

Conditional

Pets

Dogs, cats and other household pets are allowed, as long as none is kept, bred or maintained commercially and none becomes a neighbourhood nuisance or hazard. Livestock and poultry may not be kept. A pet shelter structure needs architectural approval like any other detached building - and is not allowed at all on a water feature home site.

Section VII - Livestock and Poultry, with Section VII.C
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 basketball hoop, and any other sport or recreational equipment such as a soccer goal, swing set or sandbox, is prohibited without the architectural control committee's prior written permission as to type and location.

Section VI.F - Sports or Recreational Equipment
Conditional

Yard signs

Apart from political campaign signs, the only sign allowed is one of no more than five square feet advertising the property for sale or rent, plus a builder's sign during the construction and sales period. A political sign comes down within twenty-four hours after the election it relates to.

Section V.H - Signs
Conditional

Street parking

Driveways must be at least twelve feet wide and built of asphalt at least three inches thick, brick, or concrete; stone and cinder are not allowed. Every house has a full-size attached garage for two to three cars. Minibikes, motorcycles, go-carts, snowmobiles and similar motor-driven vehicles may not be operated anywhere in the neighbourhood, except a licensed vehicle driven by a licensed person on a dedicated public road.

Section VI.C - Driveways, with Section VII - Motorized Vehicles
Conditional

Running a business from home

No commercial, business or professional office use may be carried on on a residential home site, and no noxious or offensive activity that becomes an annoyance or nuisance to the neighbourhood. The developer and the builders are the only exception, for sales and construction.

Section VII - Nuisances
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

No home site may be used as a dumping ground for rubbish. Trash, garbage, weeds and other waste are kept only in sanitary containers, and any incinerator or storage equipment kept clean and sanitary. Oil and fuel storage tanks are not allowed on a home site at all, except portable government-approved containers for LP gas, gasoline or similar household materials.

Section VII - Garbage and Refuse Disposal, with Section VII - Fuel Storage Tanks
✗ Not allowed

Grilling & outdoor cooking

Stricter than the usual street-only ban. No fire may burn on any street or roadway, and the covenant adds a second sentence: no open fires are allowed on any home site. A fire pit in the back yard is an open fire, so ask the board before you build one.

Section VII.D - Fires
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 documentProtective Restrictions, Covenants, Limitations, Easements and Agreements for Newbury Pointe, St. Joseph County, Indiana, as amended
Recorded asOriginal declaration by Incommunicado Investments, LLC
Plat of Newbury Pointe recorded 2005-03-23
Recorded 2005-03-24 as documents 0512270 and 0512271
First Amendment, which revokes and replaces both of those in full
A later amendment adding six-foot rear-yard privacy fencing
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.
Checked againstthe original declaration, the First Amendment that replaced it and the later fencing amendment were read in sequence, and this page is built on the amended text
The associationNewbury Pointe Homeowners Association, Inc., an Indiana not-for-profit. Accepting the deed makes you a member, one vote per home site after the turnover date; two contiguous home sites with one house count as one vote but two assessments. Dues start at a cap of $175 a home site a year and may rise each year by whichever is greater, three percent or the rise in the Consumer Price Index for All Urban Consumers - so the current figure is above $175 and the association can tell you what it is. Assessments begin when a home site is conveyed to a homeowner and are never charged to the developer or the builders. The association may contract out snow removal from the sidewalks and common-area maintenance and bill it through the assessment. Two more associations sit alongside it: a Newbury Pointe Villa Homeowner's Association for the villas in the same development, and a Newbury Pointe Water Feature Homeowner's Association whose costs fall solely on the owners of water feature home sites.

Ask us about Newbury Pointe (F)

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