← HOA answers

Norland Park

What the recorded documents actually say about Norland Park in Mishawaka — 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 document: the Protective Restrictions, Covenants, Limitations, Easements, Agreements and Charges for Lots One to Sixty-Seven of Norland Park Planned Unit Development, City of Mishawaka, recorded in St. Joseph County on July 1, 2003 as Instrument No. 0340612. It covers lots 1 through 67, and the developer certified on the last page that the development has sixty-seven lots, so it appears to govern the whole neighborhood rather than one section of it.

No amendment to it was found among the documents on file for this neighborhood. The declaration allowed the developer to amend it alone until 90 percent of the lots were sold, and by an 80 percent owner vote after that, so an amendment recorded after July 2003 is possible and would not show up here. If a specific rule matters to your decision, have your title company or the St. Joseph County Recorder check for anything recorded against the subdivision since then.

Several things this neighborhood runs on are separate documents that are not in the file and are not summarized here: the association by-laws, the Architectural Control Committee's own written standards, and any current rules and regulations the board has adopted. Ask the association for those, and for the current dues figure, since the dollar amounts in this document are from 2003.

Lots that touch a pond are governed by an extra article and, under the declaration, by a separate pond-lot association with its own costs. If you are looking at a waterfront lot, treat the answers on this page as the floor and ask for the pond rules and the pond assessments in writing.

The copy on file is a scan of paper with no digital text, so it was read by character recognition and, on the pages carrying the recorder stamp and the vehicle, fire and pet rules, checked by eye against the scanned page images. Nothing here is presented as a direct quotation of the document.

What you can build and change

Conditional

Fences

Fencing is allowed, but the material is limited and every fence needs written approval from the Architectural Control Committee before it goes up. Fences must be PVC or a similar product; wood or metal fences are permitted only with the unanimous approval of the committee. Perimeter fencing may not exceed four feet and is allowed only in the side yards and back yard. Privacy fencing up to six feet is allowed around a patio next to the house and must conform to the architectural style of the home. The document recommends keeping fence lines out of the platted drainage easements and says an owner who fences inside an easement assumes the risk. A dog exercise area tight to the side or rear of the house may have fencing five or six feet high if the committee approves it. On a pond lot, screen planting over thirty-six inches is barred within twenty feet of the water line, and no screen planting at all is allowed within ten feet of it.

All fencing must be PVC or similar product. No wood or metal fences shall be permitted without the unanimous approval of the Architectural Control Committee. ... Perimeter fencing that does not exceed four (4) feet high, may be permitted upon the prior written approval of the style and location by the Architectural Control Committee prior to the construction of the fence utilizing the procedures outlined in paragraph IV. ... Privacy fencing not more than six (6) feet high may be constructed around a patio adjacent to the home.
Conditional

Sheds & outbuildings

A detached storage building or pet shelter is allowed, with a size cap and prior written approval. It may not exceed 10 feet by 12 feet, must be quality construction kept in attractive and neat appearance, must blend with the established home, and the plans go to the Architectural Control Committee for written approval before construction starts. The committee may require protective screening around it. A separate rule gives six months from the start of construction to finish any addition such as a storage shed, patio, pool or fence. Nothing in the document allows an outbuilding to be used as a residence, temporarily or permanently.

The construction and placement of any detached storage (which shall not exceed 10’ X 12’) 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 written approval before beginning construction utilizing the procedures outlined in paragraph IV. ... The Architectural Control Committee shall have the authority to require protective screening around these structures.
Conditional

RVs, boats & trailers

The document bars campers, trailers, trucks and boats from being kept in open areas in the subdivision, and it says that applies whether the open area is on your lot or off it. It does not define what counts as an open area, and it never mentions a garage either way, so where a camper or boat may sit is left unresolved on the face of the document. Every home here is required to have a full-size attached garage sized for two to three cars, but the document does not say whether a recreational vehicle may be kept inside one. If this matters to your decision, ask the association before you buy and get the answer in writing.

No recreational or commercial vehicles (campers, trailers, trucks, or boats) may be kept in 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 prohibited outright, as are tennis courts. In-ground pools are treated elsewhere in the document as an addition to the home, which means the plans go to the Architectural Control Committee for written approval before any work starts and the work has to be finished within six months of the start of construction. Hot tubs are not named anywhere in the document.

No tennis courts or above ground pools shall be permitted. ... Any additions to existing improvements (i.¢., patios, storage sheds, swimming pools, fences, etc.) shall be completed within six (6) months from the start of construction.
Conditional

Exterior changes & additions

Any alteration, improvement, remodeling or maintenance that affects the exterior appearance of the house has to be submitted to and approved by the Architectural Control Committee before work begins. The same applies to new construction and to altering a lot's topography or drainage: two complete sets of prints showing the floor plan, quality of construction, materials, exterior colors, how the design sits with existing homes, and the location relative to lot lines and finish grades. Approval or disapproval is given in writing, and approved plans cannot be changed without further written consent. A separate paragraph requires the association's prior written approval before any structure other than the house is placed on the lot or attached to any surface of the house.

Any alteration, improvement, remodeling, and/or maintenance of a house that affects the exterior appearance of the home must be submitted to and approved by the Architectural Control Committee before any work may commence. ... no building shall be erected, constructed, placed, or altered on any lot nor shall the topography or drainage of any lot be altered until the construction plans of the structure or the topographical alterations have been approved by the Architectural Committee.
Conditional

Satellite dishes & antennas

Outside above-ground television, AM, FM and short-wave radio antennas are prohibited. A satellite dish is allowed if it is no more than one meter across. It has to be placed, to the extent feasible, where it is not visible from the street or other common property, and the committee may require the owner to pay for shrubbery or other screening and to keep the color of the equipment harmonious with the landscape and architecture, so long as those requirements do not unreasonably impair the installation, maintenance or use of the dish. The committee has to approve the placement in writing before it is installed.

As concerns satellite dish installation, a property owner may erect a direct broadcast satellite (DBS) dish that is not more than one meter in diameter. ... No outside above-ground T.V., A.M., F.M., or short wave radio antennas of any type shall be erected or maintained on any lots or structures in this subdivision. ... The system must be placed, to the extent feasible, in locations that are not visible from the street or other common property.
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 have to be planted in grass seed or sod unless the Architectural Control Committee gives prior written approval for another ground cover. Grading and seeding must be finished by the time of occupancy, or, if the season does not allow it, as soon as practical and no later than June 15 following occupancy. Grading and seeding cannot hinder drainage, and drainage swales, easements and road ditches must be left open. Owners also have to keep the lawn mowed, remove debris and rubbish, and cut down and remove dead trees and stumps; if an owner does not, the association may enter the lot to mow, clean or repair and add the cost to that lot's annual assessment. At corners, no fence, wall, hedge or shrub may obstruct sight lines between two and six feet above the roadway inside the triangle formed by the street lines and a line joining them twenty-five feet from the intersection, and the same limit applies within ten feet of a driveway. Pond lots carry extra planting limits near the water line.

The side, front and rear yards of each lot shall be planted with grass seed or sod, unless a homeowner has received prior written approval for another ground cover from the Architectural Control Committee ... 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

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 they are not kept, bred or maintained for any commercial purpose and do not become a neighborhood nuisance or hazard. Dogs have to be kept on a leash. Kennels are prohibited. A dog exercise area has to be approved, and if it sits tight to the side or rear of the house it may have five or six foot fencing with Architectural Control Committee approval. A pet shelter structure is treated like a detached building and needs written committee approval before it is built. Livestock and poultry of any kind are prohibited. The document sets no limit on the number of pets.

Dogs must be kept on a leash. No kennels are permitted. Dog exercise areas must be approved. ... 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 that 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.
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 or backboard needs the association's prior written approval. The rule is written broadly: no permanent or temporary structure other than the house may be placed on the lot or attached to any surface of the house, any tree, bush or other part of the landscaping without that written approval, and it names basketball hoops, backboards and nets as examples. A separate sentence says no athletic equipment or other article may be left on the lot longer than twenty-four hours without the association's prior written consent, and gives trampolines, swings and nets as examples, so a portable hoop left standing is reached by that sentence as well.

No permanent or temporary structure of any type other than a Dwelling Unit may be placed on a Homesite or attached to any surface of a Dwelling Unit or to any tree, bush or other portion of the landscaping on any Homesite without the prior written approval of the Association, which structures shall include but not be limited to basketball hoops, basketball backboards, nets, and birdhouses. ... No athletic equipment or other paraphernalia, equipment or article of any type or nature may be left on a Homesite for longer than a period of twenty-four (24) hours without the prior written consent of the Association, which equipment and paraphernalia shall include but not be limited to trampolines, swings, decorative tires, plastic flamingoes, sun balls, and nets.
Conditional

Yard signs

One sign of no more than five square feet advertising the property for sale or for rent is allowed. Political campaign signs are allowed and have to come down within twenty-four hours after the election they relate to. Any other sign displayed to public view on a lot is prohibited. Builders may use a sign of any size to advertise during construction and the sales period, and the developer reserved the right to put up signs to promote sales of lots and homes.

Except for political campaign signs, no sign of any kind shall be displayed to public view on any lot except one 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. ... Political signs must be removed within twenty-four (24) hours after the election to which they pertain.
Conditional

Street parking

The document sets no rule about where an ordinary passenger car may be parked, on the street or on a lot. What it does restrict is recreational and commercial vehicles: campers, trailers, trucks and boats may not be kept in open areas in the subdivision, and the document says that applies whether the open area is on a lot or off it, which reaches the street. Open area is never defined and a garage is never mentioned either way. Separately, every home has to have a full-size attached garage capable of storing at least two and no more than three cars, and driveways must be at least twelve feet wide and built of asphalt, brick or concrete, with a circular drive in front allowed at a minimum of eight feet.

No recreational or commercial vehicles (campers, trailers, trucks, or boats) may be kept in open areas in this subdivision, whether such open areas are on or off the lot of any lot owner. ... All dwellings must have a full-size attached garage capable of storing at least two (2) automobiles but not to exceed space for three (3) automobiles. ... All driveways are to be a minimum of twelve (12) feet wide and must be constructed of asphalt, brick or concrete, or a combination thereof.
Conditional

Running a business from home

A home occupation is permitted, defined narrowly. It may involve only a member of the immediate family living in the dwelling, has to remain entirely within the dwelling, must be clearly incidental and secondary to the home's use as a residence, may have no sign or display, may sell no commodity on the premises, and may employ nobody outside the immediate family living there. A barber shop, styling salon, beauty parlor, tea room, fortune-telling parlor, animal hospital and any form of animal care or treatment such as dog trimming are specifically excluded. Read that alongside a separate paragraph saying no commercial, business or professional office use may be conducted on any residential lot, with an exception only for the developer and the builders. The two paragraphs pull in different directions, so a business that would draw customers or deliveries to the house is worth clearing with the association first.

No lot shall be used for any purpose other than as a single-family residence with the exception that a home occupation may be permitted. ... No commercial, business, or professional office uses shall be conducted or carried on upon any residential lot except the developer and builders of Norland Park may make use of several such lots for realty sales, promotional purposes, and construction purposes, notwithstanding anything which may appear to the contrary herein.
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, weeds and other waste have to be kept only 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 that material have to be kept in a clean and sanitary condition. Owners are separately required to remove all debris and rubbish from the lot as part of general upkeep. The document does not say where containers must be stored, whether they have to be screened from the street, or when they may be set out for collection.

No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage, weeds or other waste shall be kept only in sanitary containers.
Conditional

Grilling & outdoor cooking

The document never mentions grills, charcoal or gas either way. Its only fire rule is narrow: no fire may burn upon any street or roadway in the subdivision. On the face of that wording a contained cooking grill on your own lot is not what the paragraph reaches, though the document does not say so in as many words. Portable government-approved containers for LP gas are expressly carved out of the ban on fuel storage tanks, so keeping a propane tank for household use is contemplated. The general nuisance paragraph could still be raised against smoke that becomes an annoyance to neighbors.

No fire shall be permitted to bun upon any street or roadway in this subdivision. ... No oil or fuel storage tanks may be installed, stored or otherwise located on any lot, except portable, government-approved containers for LP gas, gasoline or other such materials used for household purposes.
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, Agreements and Charges for Lots One to Sixty-Seven of Norland Park Planned Unit Development, City of Mishawaka, St. Joseph County, Indiana
Recorded asInstrument No. 0340612, recorded July 1, 2003
How it was readOCR of the 16 scanned pages of the recorded covenants, with the recorder stamp on page one and the vehicle, fire and pet rules on page twelve re-read by eye off the scanned page images to confirm the instrument number and that no paragraph had been lost.
The associationNorland Park Homeowner Association, Inc. is an Indiana not-for-profit corporation created by the developer, Cane Garden, L.L.C. Membership is automatic and not optional: by accepting a warranty deed or other property interest, an owner becomes a member, agrees to keep that membership, to abide by the association's rules and regulations, and to pay dues and assessments. Each lot carries one vote no matter how many people own it, and if one house sits on two contiguous lots the owner votes once but is assessed for both lots. The association manages and financially supports the landscaped entranceway and the other common areas, and the board is responsible for the management, maintenance, repair, replacement and upkeep of the landscaping and vegetation of the entire development. It buys property, liability and other insurance for the association and for the entrance signs and landscaping, including a comprehensive public liability policy of at least one million dollars per occurrence and two million dollars in the aggregate for the ponds. It may also contract out snow removal from public and private sidewalks and general property management, and charge the cost either through the annual assessment or directly to the owner. Architectural approvals run through a three-member Norland Park Architectural Control Committee, appointed by the developer until the subdivision is turned over to an elected board, and by the board after that. Approvals and disapprovals are in writing, and the document says no construction may start until the committee has issued its written approval. The developer pre-approved all plans and houses built by the two original builders named in the document, and removing that pre-approval would take a 100 percent vote of all current owners. On money: as recorded in 2003, total annual dues and assessments were capped at 175 dollars per lot per year, and that cap may be raised each year by the greater of three percent or the rise in the Consumer Price Index. That is a 2003 figure and the amount today will be higher, so ask the association what it is now. Bills go out each January and are due within thirty days. A payment later than January 31 draws a fifty dollar penalty, and unpaid amounts bear interest at eight percent a year beginning thirty days after they come due. Unpaid dues are a lien on the lot, subordinate to a first mortgage, and an owner who forces the association to hire a lawyer also pays the costs of collection including attorney fees. A buyer may rely on a certificate signed by the president, treasurer or secretary showing what is unpaid, which is the document a closing should obtain. Special assessments may also be levied, charged equally against every lot; the document names excessive snow removal, remedying the consequences of an excessive drought, and upkeep and replacement of the private cul-de-sac asphalt as examples. Lots owned by the developer or the builders are never assessed. Pond lots carry a second layer of cost. The document says that on completion of the pond the developer will set up a separate not-for-profit association for the owners of pond lots, and that all costs of maintaining and keeping up the pond are the sole responsibility of those pond-lot owners. Use of a pond is reserved to the owners of lots on it, their household members and their invitees; the only permitted use listed is ice skating, and swimming, boating, fishing, ice boating, snowmobiling, rafts and floats, lawn irrigation and heat-pump use are all prohibited. If you are buying a lot on the water, ask what that separate association charges. Enforcement runs two ways. Any owner and the association may proceed at law or in equity against someone violating or attempting to violate the covenants, and may seek an injunction and damages. There is no right of reversion or forfeiture of title. If a lawyer is hired to enforce the covenants, the owner against whom enforcement succeeds pays the costs including reasonable attorney fees, and those costs become a lien on that lot. For upkeep specifically, the association may enter a lot and mow, clean or repair it and add the cost to that lot's annual assessment. Control was set to pass from the developer to the homeowners on a turnover date, defined as the earlier of 100 percent completion of the development or ten years after the covenants were recorded, with the developer free to hand over sooner. The covenants stay in effect until revoked or amended. The developer could amend them unilaterally, with the builder's approval, until 90 percent of the lots had been sold and deeded to residential buyers; after that it takes an affirmative vote of 80 percent of the members, and anything affecting a particular homesite or an owner's interest takes a 100 percent vote of the affected members.

Ask us about Norland Park

Tell us the question and we will get you the answer from the recorded documents.

We’ll get you an answer — usually the same day.