← HOA answers

Sagewood Estates

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

25 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 the 1993 covenants for Sagewood Estates, recorded August 9, 1993 as Document Number 9330978, together with the two amendments recorded later the same year. Both amendments change only one thing, the minimum floor area of a dwelling, so the rest of the 1993 text is what governs.

What that declaration covers is Sagewood Estates, Section One, the plat recorded June 3, 1993 as Instrument Number 9320381, about 11.58 acres in Penn Township, and it divides shared costs twenty-nine ways.

Sagewood Estates is larger than that. A later plat, Sagewood Estates Phase Three, Section One, lots 114 through 129 and 153 through 163, got its own declaration in 1997, and that one is not the same set of rules. It creates a homeowners association with a board, which the 1993 declaration does not, and it permits satellite dishes under nineteen inches in diameter, which the 1993 declaration bans outright. There are also Sagewood Villa lots with their own association documents. If your home is not in Section One, some of the answers on this page may be the wrong ones for your lot, and the satellite answer in particular. The title company or the St. Joseph County Recorder can tell you which declaration is recorded against your parcel.

Two self-expiring provisions matter here. The Architectural Control Committee's powers ceased on and after July 30, 2004 unless the owners of seventy-five percent of the lots recorded an instrument appointing a replacement before that date, and the developer's cost-sharing and control arrangements ended on the same date. So the approval process described on this page may no longer have anyone running it. Check with the Recorder and with the neighbours before assuming either way.

Because the recorded copy is a scan of paper rather than digital text, it was read by optical character recognition, so nothing here is presented as a direct quote from the summary. The verbatim wording sits beside each answer.

What you can build and change

Conditional

Fences

There is no general ban on fences, but two limits apply. No screen planting or fence over thirty-six inches high is permitted closer than twenty-five feet to the street right-of-way. And on a corner lot, no fence, wall, hedge or shrub planting that blocks sight lines between two and six feet above the street may be placed or remain inside the triangle formed by the street property lines and a line joining them twenty-five feet from the intersection; the same sight limit applies on any lot within ten feet of where a street property line meets a driveway or alley. Walls installed by the developer are excepted. Separately, plans for building on a lot had to go to the Architectural Control Committee, whose powers the covenants say ceased in 2004 unless owners recorded a replacement.

Except for walls installed by the Developer, no fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the street shall be placed or permitted to remain on any corner lot in Sagewood Estates within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street Property
✗ Not allowed

Sheds & outbuildings

A shed is not among the buildings the covenants allow. Only one detached single-family dwelling of not more than two and a half stories and a private garage for not more than four cars may be erected, altered, placed or permitted to remain on a lot. A separate paragraph bars a trailer, basement, tent, shack, garage, barn or other outbuilding from being used on a lot as a residence, temporarily or permanently, though it does not exclude modular construction.

No building shall be erected, altered, placed or permitted to remain on any lot in Sagewood Estates other than one (1) detached single family dwelling, not to exceed two and one-half (2-1/2) stories in height and a private garage for not more than four (4) cars.
✗ Not allowed

RVs, boats & trailers

House trailers, motor homes, large trucks and boats may not be parked or located on any lot at any time, temporarily or permanently. This paragraph is stricter than the version used in many neighbourhoods nearby: it reaches the whole lot rather than open areas, it names no time allowance for loading or unloading, and it offers no garage exception. It also has an open-ended tail, other offensive objects, which the covenants do not define. If you own a camper or a boat, treat this as a real obstacle and get the current position in writing before you buy.

No house trailers, motor homes, large trucks or boats or other offensive objects shall be parked or located, either temporarily or permanently, on any of the lots in Sagewood Estates at any time.
Conditional

Swimming pools & hot tubs

Above-ground swimming pools are not allowed on any lot. The covenants say nothing at all about in-ground pools, in either direction, so an in-ground pool is not addressed by this document. Building one would still run through the architectural approval paragraph if that approval requirement is still in force, which is itself an open question here.

No above-ground swimming pools shall be allowed on any lot in Sagewood Estates.
Conditional

Exterior changes & additions

As written, no building may be erected, placed or altered until the construction plans, the specifications and a plan showing the location have been approved in writing for conformity and harmony of exterior design with the existing homes. The reviewer was a one-person Architectural Control Committee, with the developer able to appoint a replacement, and it had seven days to approve or disapprove; if it did not answer in that window and no suit to stop the work was filed before completion, approval was treated as given. The important qualifier is in the same paragraph: the covenants say the committee's powers and duties ceased on and after July 30, 2004, unless before then the record owners of seventy-five percent of the lots signed and recorded an instrument appointing a representative. So whether anyone can approve or refuse an exterior change today depends on whether that instrument exists. Check with the Recorder before you assume either way.

The powers and duties of such Committee and of its designated representative shall cease on and after July 30; 2004; “thereafter, the approval specified in this Covenant shall not be required unless, prior to said date and effective thereon, a written instrument shall be executed by the then record Owners of seventy-five per cent (75%) of the lots, and duly recorded, appointing a representative, or representatives.
✗ Not allowed

Satellite dishes & antennas

The covenants ban exposed or exterior radio and television transmitting and receiving devices, naming satellite dishes specifically, on any lot, house or building in the subdivision. There is no size exception and no approval route written into the document. Note that the later declaration for Sagewood Estates Phase Three, Section One does allow dishes under nineteen inches, so an owner in that part of the development is under a different rule than this one.

No device of any type of exposed or exterior radio or television transmission or receiving devices (including satellite dishes) for transmitting or receiving radio or television signals shall be erected, constructed, placed or permitted to remain on any of the lots, houses, or buildings constructed in Sagewood Estates.
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

All yards in front of the house must be in grass and maintained by the owner. Beyond that the limits are about sight lines: nothing over thirty-six inches, planting or fence, closer than twenty-five feet to the street right-of-way, and on a corner lot nothing between two and six feet above the street inside the twenty-five foot triangle at the intersection, with the same limit within ten feet of where a driveway meets the street. Trees may not remain within those distances unless the foliage line is kept high enough to keep sight lines clear. In the utility and drainage easements shown on the plat, no planting may be placed or remain that would damage or interfere with utilities or change or slow drainage flow. The easement area of a lot and everything on it is maintained by the owner, except improvements a utility or public authority is responsible for.

All yards in front of house shall be in grass and Maintained by the Owner.
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 permitted. Other animals, livestock and poultry may not be raised, bred or kept on a lot, and no pet may be raised, bred or kept for a commercial purpose. The paragraph ends with an exception for horses on five-acre tracts, which is unusual for a plat of this size and may be a clause the developer carried over from other work. The covenants set no limit on the number of pets and say nothing about leashing.

No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot in Sagewood Estates, excepting dogs, cats or other household pets; provided, however, that they are not raised, bred or kept for any. commercial purpose and except on five (5) acre tracts for horses.
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 →
Not stated

Basketball hoops

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

Yard signs

One sign of not more than five square feet advertising the property for sale or rent is allowed, and so are signs used by a builder to advertise during the construction and sales period. Anything else displayed to public view on a lot is barred. The covenants say nothing about political, security or contractor signs.

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

Street parking

Ordinary cars are not addressed. What the covenants restrict is what kind of vehicle may sit on a lot: house trailers, motor homes, large trucks and boats, and other offensive objects, may not be parked or located on any lot at any time, temporarily or permanently. There is no rule about street parking, driveway parking of passenger cars, or overnight guests.

No house trailers, motor homes, large trucks or boats or other offensive objects shall be parked or located, either temporarily or permanently, on any of the lots in Sagewood Estates at any time.
✗ Not allowed

Running a business from home

The covenants limit a lot to residential use in one flat sentence, and they do not define or carve out a home occupation the way many declarations in this county do. Nothing in the document sets conditions under which a business could be run from the home. If you plan to work from home in a way that brings clients, employees, deliveries or signage to the property, get the position in writing from whoever is enforcing the covenants before you commit.

No lot in Sagewood Estates shall be used other than for residential purposes.
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 lot may be used or maintained as a dumping ground for rubbish, and trash, garbage and other waste may not be deposited on a lot except in sanitary metal containers. Incinerators and any other equipment for storing or disposing of that material must be kept clean and sanitary. The covenants do not say where containers must be kept between collections or when they may go to the curb.

No lot in Sagewood Estates shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be deposited thereon, except for sanitary metal 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.

We can find out →
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 documentDeclaration of Protective Covenants and Restrictions Applicable to the Recorded Plat of Sagewood Estates, Document Number 9330978, recorded August 9, 1993, with its First and Second Amendments
Recorded asDeclaration, Document Number 9330978, recorded August 9, 1993
First Amendment, Document Number 9334716, August 1993
Second Amendment, Document Number 9345180, October 28, 1993
Recorded Plat of Sagewood Estates, Section One, Instrument Number 9320381, recorded June 3, 1993
How it was readOptical character recognition of the 15 scanned pages that hold the recorded declaration and both of its 1993 amendments, with two pages of the restriction paragraphs re-read by eye off the page images to confirm wording the text had garbled.
The associationThere may not be an association here in the ordinary sense, and that is the most important thing to know before you rely on anything else. The 1993 covenants do not create one. What they do is share a cost: each owner agreed to pay one twenty-ninth of the expense of maintaining the landscaping at the entry areas and maintaining or replacing the street lights, payable on receipt of a statement from the developer. The developer was never to be responsible for that landscaping or those street lights. On July 30, 2004, or earlier if the developer chose, responsibility passed to the owners, and the covenants say the owners may organize a homeowners association or other association in order to comply. May, not shall. Whether one was ever organized is a question for the sellers, the title company or the neighbours, not for this document. Architectural review has the same shape. The covenants named a one-person Architectural Control Committee, with the developer able to replace him, and required written approval of plans, specifications and location before any building went up. Then they say the powers and duties of that committee ceased on and after July 30, 2004, unless before that date the record owners of seventy-five percent of the lots signed and recorded an instrument appointing a representative. So whether anyone holds architectural approval authority today turns on whether such an instrument was recorded. Ask the Recorder. Enforcement does not depend on an association existing. Any owner, and the developer, may sue at law or in equity to stop a violation, recover damages, or have an offending structure removed. If counsel is employed to enforce the covenants, reasonable attorney fees fall on the owner the action is brought against, and the person enforcing gets a lien on the lot for the costs, enforceable as under the Indiana mechanic's lien statutes. The covenants run until July 30, 2013 and then extend automatically for successive ten-year periods unless a majority of the then owners record an instrument changing or ending them. Since July 30, 2004 they can be amended by recording an amendment signed by the owners of at least seventy-five percent of the lots. No dues figure appears anywhere in the recorded documents.

Ask us about Sagewood Estates

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.