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Orchard Ridge

What the recorded documents actually say about Orchard Ridge in Elkhart — 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 one recorded document: the Amendment to the Protective Restrictions, Covenants, Limitations and Easements Running With the Land for Orchard Ridge, Orchard Ridge Second and Orchard Ridge Section Three, for Lots 1 through 67, recorded in Elkhart County on November 1, 2006 as instrument number 2006-32301. It restates the covenants for all three sections in full, so it governs every lot in the subdivision and it supersedes everything recorded before it.

That matters, because the file also holds the older covenants and they do not say the same thing. The 1998 and 1999 documents ban outside antennas with no exception at all; the 2006 document allows a satellite dish under two feet across in an inconspicuous spot. If you are reading an older copy handed over at a showing, check the recording date before you rely on it.

The 2006 document lists the whole recorded chain behind it: the Orchard Ridge covenants for lots 1 through 26, recorded March 10, 1998 as instrument 98-006935; the Orchard Ridge Second covenants for lots 27 through 58, recorded November 19, 1999 as instrument 99-38630; amendments recorded in 2000 as instruments 2000-16191 and 2000-11005; the Orchard Ridge Section Three covenants for lots 59 through 67, recorded June 14, 2004 as instrument 2004-20127; and an amendment to Section Three recorded June 21, 2005 as instrument 2005-16545. Only the 1998 and 1999 documents are in the file. The 2000, 2004 and 2005 instruments are named but no copy of them is here, so if you want the complete chain, ask your title company to pull it from the Recorder.

Nothing recorded after November 2006 turned up anywhere in the file, but that is the file, not the public record. A newer amendment or a set of board rules could exist, and the association is the place to ask.

On dues: the 2006 document caps total dues and assessments at two hundred dollars per lot per year. A 2024 seller disclosure in the file reported dues of one hundred fifty dollars a year, which is one seller's statement rather than the association's, so ask the association for the current figure.

Every covenant here was read from a scan of paper, so confirm anything you would act on against the recorded copy from the Elkhart County Recorder or through your title company.

What you can build and change

Conditional

Fences

The paragraph on fencing allows no fence at all in front of the rear building line of the principal structure, so nothing in the front yard. Behind the house a fence may be at most four feet high, must conform to the architectural standards set by the style of home built on the lot, and must be approved in writing by the Orchard Ridge Architectural Control Committee unless that committee approves a written variance. The sight-distance paragraph separately bars any fence, wall, hedge or shrub that blocks sight lines between two and six feet above the roadway inside the triangle formed twenty-five feet back from a corner lot's street lines, and within ten feet of where a driveway meets the street.

No fence will be permitted in front of the rear building line of the principal structure on any lot, Any fence behind the principal structure on any lot may have a maximum height of four (4) feet and must conform to present architectural standards as set by the style of home thereon built and be approved by the Orchard Ridge Architectural Control Committee in writing
✗ Not allowed

Sheds & outbuildings

The paragraph on detached buildings prohibits a detached storage shed or garden shed anywhere on a lot, whether for a pet shelter or for storing lawn tools, toys or other personal property. It names one exception: a structure for swimming pool equipment, which must be of quality construction, kept neat, blend with the home, be approved by the Orchard Ridge Architectural Control Committee before construction starts, and may not sit within thirty feet of the rear lot line. The committee may require screening around it, and a well or pump enclosure also needs written committee approval. The garbage paragraph assumes an enclosed accessory building such as a garage or pool shed exists for storage, which is the same narrow set.

No detached storage shed, or garden shed shall be erected or placed in a detached position upon any lot for pet shelter or for storage of lawn tools, toys or other personal properly except for swimming pool structures which may be erected in a workmanlike manner and maintained for pool equipment.
Conditional

RVs, boats & trailers

The paragraph headed Recreational and Commercial Vehicles; Parking says campers, trailers, trucks, boats and snowmobiles may not be kept in open areas in the subdivision, whether those open areas are on or off the owner's lot, except for a period not to exceed 48 hours during loading or unloading. So there is a clear time allowance, and the loading window is the only place the document says yes. It never defines what an open area is and it never mentions a garage either way, so whether a camper inside a closed garage is reached is genuinely unaddressed. The separate storage paragraph also says no lot may be used for storage of old lumber, boats, cars, materials or debris that would tend to make the lot unsightly. If this matters to you, ask the association in writing how it reads both paragraphs before you buy.

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 lot owner, except for a period of not to exceed 48 hours during loading or unloading.
Conditional

Swimming pools & hot tubs

Above ground pools are prohibited. An in-ground pool may be built, and so may a permanent or paved recreational athletic facility such as a tennis, basketball or volleyball court, but not until the plans and specifications have been approved in writing by the Orchard Ridge Architectural Control Committee. Any lighting fixtures for those facilities need the same prior approval. A structure to house pool equipment is the one detached building the covenants allow, with committee approval and not within thirty feet of the rear lot line. Approval is also required for pavement of any kind, which reaches a pool deck.

No above ground pools shall be permitted. In-ground pools and permanent or paved recreational athletic (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 therefore have been approved in writing by the Orchard Ridge Architectural Control Committee, as provided in paragraph 1 hereof.
Conditional

Exterior changes & additions

No building or other structure may be erected, placed, maintained or altered on a lot, and the natural topography or drainage may not be altered, until the construction plan has been approved by the Orchard Ridge Architectural Control Committee. Plans must show the floor plan, quality of construction materials, outside colours, how the design harmonizes with existing structures, location relative to lot lines, topography and finish grade, and the placement of pavement, well and septic system relative to neighbouring homes for the county health department. One set of plans is submitted and is kept by the developer rather than returned. A denial must be in writing with reasons stated. Approval is required for pavement of any kind, including for parking or recreational use. Nothing that does not fully match the approved plans may be built, and no deviation may be made without the committee's prior written consent. The committee is three people appointed by the developer and decides by simple majority, entirely at its discretion.

No building or other structure shall be erected, constructed, placed, maintained or altered on any lot, nor shall the natural topography or draining of any lot be altered, until the construction plan of the structure or for the topographical alterations have been approved by the Orchard Ridge Architectural Control Committee.
Conditional

Satellite dishes & antennas

This is the answer that changed. The paragraph on utilities and television antennas keeps the old ban on any outside above ground television, AM, FM or short wave radio antenna on any lot or structure, and then adds that satellite dishes are prohibited unless they are less than two feet in diameter and located in an inconspicuous location. The older 1998 and 1999 covenants in the same file carry the antenna ban with no dish exception at all, so a copy handed over at a showing may read stricter than what is actually recorded. All utility service including cable television must run underground and out of sight. One lot, lot thirteen, was given an exemption for its original owner on condition of planting screening to minimize visibility from the street and neighbouring lots. Federal rules on over-the-air reception devices can also affect how a size limit like this is enforced, which is a question for your attorney and the association.

No outside above ground television, AM, FM, or short wave radio antennas of any type shall be erected or maintained on any lots or structures in Orchard Ridge. Satellite dishes are prohibited unless they are less than two (2) feet in diameter as determined by such supplier and located in an inconspicuous location.
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

The landscaping paragraph is unusually demanding. Each owner must have the front yard landscaped and the whole yard planted with grass seed, sod or ground cover within one hundred twenty days after the residence is completed. Every lot must be kept in good and orderly fashion with landscaping in keeping with the pattern established in the subdivision, and no lot may be overgrown or weed infested. Every lot must have an underground irrigation system able to water all cultivated areas, kept in working order and run enough to keep things growing. Landscaping plans for the front yard must go to the Architectural Control Committee for written approval before work starts. Tree removal for a house, a driveway, landscaping or any other purpose needs that committee's approval, and trees to be cut must be marked with orange spray paint forty-eight hours before removal. Screen planting over seventy-two inches is not permitted between the building setback line and the front lot line. On wooded lots the area between the tree line and the curb must be planted. If one owner holds two or more contiguous lots they count as one lot for landscaping. On a vacant or overgrown lot the association may give ten days notice and then mow at the owner's cost.

It shall be required that each property owner shall have the front yard landscaped and the whole yard planted with grass seed, sod or ground cover within one hundred twenty (120) days after the completion of the residence. 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. 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, Landscaping plans for the front yard must be submitted the Architectural Control Committee for written approval, before work commences.
Conditional

Mailboxes

Mailboxes are specified rather than left open. One must be installed in front of each home, placed for easy mail and newspaper delivery, landscaped to be aesthetically pleasing, and of similar design and materials to match the home, or as the developer determines, with a newspaper receptacle directly beneath the mailbox. The document does not name a supplier or a model, so ask the association what it considers matching before replacing one.

Mailboxes shall be installed in front of each home, placed for easy access for mail and newspaper delivery and landscaped to be aesthetically pleasing and 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.

How you can live here

Conditional

Pets

Dogs, cats and other household pets may be kept, provided they are not kept, bred or maintained for commercial purposes and are not allowed to become a neighborhood nuisance or hazard. No other animals, livestock or poultry of any kind may be raised, bred or kept on a lot. No vicious or attack trained dogs may be kept on any lot, and the document does not define vicious or name any breed. A separate restriction means there is nowhere outside to house a pet: the detached buildings paragraph prohibits a detached structure for pet shelter.

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purposed and are not permitted to become a neighborhood nuisance or hazard in any manner. No vicious or attack trained dogs shall be kept on any 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.

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Conditional

Basketball hoops

Basketball is addressed directly. A hoop or backboard may not be attached to the house. It may be attached to a metal pole placed in an appropriate location on the lot, but not within the road right-of-way and not within ten feet of the side or rear lot lines. Separately, a permanent or paved basketball court counts as a recreational athletic facility and may not be installed until plans have been approved in writing by the Orchard Ridge Architectural Control Committee, and any lighting for it needs the same approval. Pavement of any kind requires approval, so a concrete pad under a pole does too.

No basketball hoops or backboards shall be attached to houses; however, basketball hoops and backboards may be attached to metal poles placed in appropriate locations on the lot, but not within the road right-of-way and not within ten (10) feet of the side or rear lot lines.
Conditional

Yard signs

One sign is permitted: no more than five square feet, advertising the home for sale. A builder may use a sign of any reasonable dimension to advertise the property during construction and the sales period, and the developer reserved the right to put up its own signs to promote and sell lots. No sign may promote the sale of an undeveloped lot except by the developer or with the developer's written consent. Any other sign displayed to public view on a lot is prohibited. Note that this version says for sale only, where the older 1998 covenants in the file said for sale or rent.

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 home for sale, or a sign of any reasonable dimension used by a builder to advertise the property during the construction and sales period.
Conditional

Street parking

There are real parking rules here. No motor vehicle of any kind may be parked, kept, stored or otherwise maintained on any street or lawn area, and no vehicle may be parked on any street between 2 a.m. and 6 a.m. Campers, trailers, trucks, boats and snowmobiles may not be kept in open areas on or off the lot except for up to 48 hours while loading or unloading. Driveways may not be stone, cinder or gravel; they must be concrete at least four inches thick and at least twelve feet wide, with a circular drive at least eight feet wide. Approval from the Architectural Control Committee is required for pavement of any kind, including pavement for parking use, so an added parking pad needs a sign-off. Each homeowner must also build a four foot sidewalk four feet back from the street curb, continuous across the lot.

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 vehicle be parked on any street between the hours of 2:00 o'clock a.m. and 6:00 o’clock a.m,
✗ Not allowed

Running a business from home

Under the heading Home Occupations the document says no lot may be used for any purpose other than a single-family residence. The same paragraph limits each lot to one single-family dwelling of no more than two and a half stories with a private garage for no more than three cars. There is no exception written for a home office or a business with no traffic, signage or employees, and the document does not define what counts as a use, so a quiet desk job and a customer-facing business sit on different sides of a line the covenant never draws. The sign paragraph allows only a for-sale sign, so advertising a business from the property is separately limited.

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.

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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.

We can find out →
Conditional

Trash & recycling containers

No lot may be used or maintained as a dumping ground for rubbish, grass clippings, leaves, tree limbs or compost, and trash, garbage and other waste may be kept only in sanitary containers, with all storage and disposal equipment kept clean and sanitary. The document defines waste broadly, including discarded household furniture, appliances, building materials, tools, toys, automotive and other mechanical parts, and household fixtures not in use on the premises. Storage of those items is restricted to the inside of the house or an enclosed accessory building such as a garage or pool shed, and exterior storage of them is specifically forbidden. Yard waste may be composted within the lot as long as it is contained in a structure that blends with the home, does not harm the look of the subdivision and does not become a nuisance. Grass clippings, leaves and other waste may not be placed on anyone else's property in the subdivision. The association may enforce the restrictions on accumulations of rubbish, weeds and trash.

No lot shall be used or maintained as a dumping ground for rubbish, grass clippings, leaves, tree limbs, or compost. Trash, garbage or other waste shall not be kept except in sanitary containers. All equipment for storage or disposal of such materials shall be kept in a clean sanitary condition.
✓ Allowed

Grilling & outdoor cooking

This is unusually clear and it goes the homeowner's way. The garbage paragraph prohibits open burning on any lot, whether in incinerators, containers or otherwise, and then says that prohibition shall not be construed to prohibit a backyard barbecue. No approval, size or placement condition is attached to the barbecue. The burning ban itself is broad and covers trash, waste, refuse, building materials, leaves, tree limbs, grass clippings and debris, so a fire pit for burning yard waste is a different question from a grill. The document says backyard, and the general nuisance paragraph still applies to smoke that becomes an annoyance.

No open burning shall be permitted on any lot, whether in incinerators, containers or otherwise, but this shall not be construed as to prohibit a backyard barbecue.
✗ Not allowed

Clotheslines

The word appears once, and where it appears matters. In the utilities paragraph the developer agrees to prohibit the erection and use of overhead wires, poles, clothes lines and other facilities of any kind. The rest of that sentence is about electrical, television, cable and telephone service from poles and overhead wires around the perimeter of the development, so a reasonable person could argue the clause was aimed at utility lines and that clothes lines were swept in with them. The words are plainly there, in both scanned copies of the document, and no other paragraph addresses drying laundry outdoors. If you want a line, ask the association in writing how it reads that sentence.

To prohibit the erection and use of overhead wires, poles, clothes lines, and other facilities of any kind
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 documentAmendment to the Protective Restrictions, Covenants, Limitations and Easements Running With the Land for Orchard Ridge, Orchard Ridge Second, and Orchard Ridge Section Three, for Lots 1-67, Elkhart County, Indiana
Recorded asAmendment to the Protective Restrictions, Covenants, Limitations and Easements for Orchard Ridge, Orchard Ridge Second and Orchard Ridge Section Three, lots 1 through 67, Elkhart County instrument 2006-32301, recorded November 1, 2006 (the governing document)
Orchard Ridge Protective Restrictions, Covenants, Limitations and Easements for Lots 1 through 26, Elkhart County instrument 98-006935, recorded March 10, 1998, Plat Book 23 Page 81
Orchard Ridge Second Protective Restrictions, Covenants, Limitations and Easements for Lots 27 through 58, Elkhart County instrument 99-38630, recorded November 19, 1999, Plat Book 25 Page 85
Amendment to the Orchard Ridge and Orchard Ridge Second covenants, Elkhart County instrument 2000-16191, recorded April 24, 2000 (named in the 2006 recitals; no copy in the file)
Amendment to the Orchard Ridge and Orchard Ridge Second covenants, Elkhart County instrument 2000-11005, recorded June 14, 2000 (named in the 2006 recitals; no copy in the file)
Orchard Ridge Section Three Protective Restrictions for Lots 59 through 67, Elkhart County instrument 2004-20127, recorded June 14, 2004, Plat Book 29 Page 44 (named in the 2006 recitals; no copy in the file)
Amendment to the Orchard Ridge Section Three covenants, Elkhart County instrument 2005-16545, recorded June 21, 2005 (named in the 2006 recitals; no copy in the file)
How it was readOptical character recognition of the scanned pages. The covenants arrive as one 58-page file holding four separate recordings, so the pages were mapped recording by recording and the newest one, which restates all the others, was read in full. Its recording stamp and instrument number were read by eye off the page image, as was the 1998 stamp, because both are rubber-stamp impressions the text conversion garbled.
The associationThere is an association. The Orchard Ridge Homeowner's Association, Inc. is an Indiana corporation created by the developer, Pheasant Ridge Development Company, Inc., on behalf of present and future lot owners. Every owner of a lot is a member with one vote per lot, and if one owner holds two or more contiguous lots they count as a single lot for voting. Its stated purpose is to manage and financially support all park area and all street lighting and whatever security services it judges advisable, and it has both the authority and the obligation to see that the environmental aspects of the property, including common areas and ponds, are maintained in the members' interest, with the right to restrain owners from polluting. It meets at least once a year to elect officers and adopts bylaws. On money: the association may levy annual assessments for street lighting, for maintaining and improving park and common areas, and for security services, but the total of dues and assessments may not exceed two hundred dollars per lot per year under the 2006 document. A 2024 seller disclosure in the file reported dues of one hundred fifty dollars a year, which is one seller's statement, so ask the association for the current figure. Assessments are levied equally on every lot in all sections. Bills go out on a date set by the Board of Directors, and unpaid dues become a lien on the lot enforceable the same way as a mechanic's lien under Indiana law, subordinate to a first mortgage, carrying twelve percent interest from thirty days after the due date plus attorney's fees. A buyer or lender may rely on a certificate signed by the president or secretary showing what is owed as of its date. What the dues pay for is spelled out more than usual: all common areas, including entrance landscaping, sprinklers, ponds, mounded plantings, walking paths, and drainage and retention areas and structures, are to be maintained by a local professional maintenance company chosen by the association and paid from annual dues. The developer covers any shortfall until enough lots are sold to fund it. On enforcement: the right to enforce by injunction, including having an offending structure removed by due process, is vested in each lot owner and in the association. The covenants may also be enforced by civil action for damages or any other remedy at law or in equity. If the association or the developer hires counsel to enforce them, the owner the action is brought against pays all enforcement costs including reasonable attorney's fees, secured by a lien on the lot. On an overgrown or rubbish-strewn vacant lot the association may give the owner ten days notice and then perform the work at the owner's cost, and during construction the committee may clean up loose debris at the lot owner's cost. There is also a general nuisance clause covering anything obnoxious or offensive or that becomes an annoyance in the neighborhood. Architectural review runs through the Orchard Ridge Architectural Control Committee: three people appointed by the developer, serving until removed or resigned, deciding by simple majority and entirely at their discretion. No construction of any structure may start until the committee has issued written approval, and a denial must state its reasons in writing. Note that each dwelling was also required to be built by a builder approved by the developer. The committee holds the exclusive right to approve tree removal, and must approve exterior lighting, front-yard landscaping plans, fences, pools and recreational facilities, pool equipment structures, well and pump enclosures, and pavement of any kind. On amendment and duration: the developer held the exclusive right to amend for ten years from the recording of the Orchard Ridge plat, and after that period the restrictions may be amended at any time by recording an amendment executed by the developer. The covenants run for ten years after the plat was recorded and then extend automatically for successive ten year periods unless owners of at least fifty-one percent of the lots vote to change them. Because the amendment power sits with the developer rather than with a supermajority of owners, ask the association whether anything has been recorded since November 2006.

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