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Sandbrooke

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

11 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 recorded Declaration of Covenants and Restrictions of Sandbrooke, Section 1, Section 2 and Section 3, signed November 14, 2006 by the developer, Sandbrooke, Inc., and recorded in Elkhart County on November 30, 2006 under instrument number 2006 35127. The copy on file is a scan of paper, so individual words can be misread; the recording stamp, the instrument number, the lot schedule and the duration date were each checked against the page images by eye.

One declaration governs all three sections and all 34 platted lots. Section 1 is Lots 1 through 11, Section 2 is Lots 12, 13, 23 through 27 and 32 through 34, and Section 3 is Lots 14 through 22 and 28 through 31. Almost every rule reads the same in all three sections. The one that does not is minimum house size: Section 1 requires 1,400 square feet of living area for a single story, 1,500 for a one and one-half story and 1,650 for a two story, while Sections 2 and 3 require 1,300, 1,400 and 1,600.

The declaration lets the developer add adjacent land later by recording a plat stating that the land is subject to these covenants. No later plat and no recorded amendment is on file here. If the home you are looking at sits in a section or phase numbered above three, confirm with the title company what governs it.

Two scans of that same 2006 recording are on file, and one of them has a July 2007 letter from the Architectural Control Committee to lot owners attached in front of it. That letter is not a recorded amendment. It is used here only for what it says about the committee and about swimming pools, and it is identified as a letter every place it is relied on.

These documents create no homeowners association, no dues and no assessments. The developer and any lot owner may enforce the covenants directly.

No copy of the recorded plats is on file here, so lot lines, easements and platted setback lines could not be read. The declaration says a residence or ancillary building is built to county standards and setbacks rather than printing its own. Order the plat and a current title commitment from the Recorder or the title company before relying on any boundary or setback.

What you can build and change

Conditional

Fences

Fences are allowed, but only in three forms and only with written approval from the Architectural Control Committee. The permitted enclosures are chain link no more than four feet high, split rail three rails high and no more than four feet high, or a privacy fence around the immediate patio no more than six feet. Any fence has to conform to the architectural standards set by the style of the home, and the committee can approve a variance from the fence requirement in writing. Hedges and shrub plantings that block the sightline between two and four feet above the roadway in a front yard are not permitted. Improvements that do not follow these guidelines may be removed by the committee at the homeowner's expense.

The only fencing enclosures permitted other than those erected by the Declarant, shall be chain link, not to exceed four (4) feet high, or a split rail, three (3) rails high, not to exceed four (4) feet high, or privacy fence around an immediate patio of not more than 6 feet and must conform to present architectural standards as set by the style of home thereon built and to be approved by the A.C.C. in writing
Conditional

Sheds & outbuildings

One accessory building or yard barn is allowed per lot, it goes in the rear yard, and it needs Architectural Control Committee approval. The declaration sets the specifications: one story high, a gabled roof covered with asphalt shingles, sides covered with the same material as the exterior of the main house, and a maximum area of 170 square feet. It has to be built from new materials only, and it cannot be built before the main house is built and occupied. A structure that does not meet those specifications goes to the committee for a determination, and one that does not follow the guidelines may be removed at the owner's expense. No shed, barn, garage or other outbuilding may be used as a residence at any time.

Only one accessory building/yard barn may be built on the rear yard area of each lot. They are subject to approval by the Architectural Control Committee. All accessory buildings shall be no more than one story high with a gabled roof covered with asphalt shingles. The sides of all accessory buildings shall be covered with the same material as the exterior of the main structure. The maximum accessory building area is 170 sq. ft.
Conditional

RVs, boats & trailers

The documents never use the words camper, motor home, recreational vehicle or boat, in either direction. What the declaration does say is that storage or parking of machinery, lawn equipment, automobiles or other vehicles, licensed or unlicensed, is allowed only within the confines of the permitted structure on the owner's property. Read on its face that points a vehicle into the garage or an approved building rather than the driveway or the yard. Separately, no semi-truck and trailer or commercial equipment may be parked or kept on any lot at any time, other than temporarily in driveways during construction or alteration of a home. Worth knowing for size: the required attached garage is at least 24 by 24 feet, and the one permitted yard barn is capped at 170 square feet. Because the recreational vehicles themselves are never named, how the committee applies this to a camper or a boat is not settled by the document, so get its position in writing before you buy if you plan to keep one here.

No storage, parking or repair of machinery, lawn equipment, automobiles, or other vehicles (licensed or unlicensed) shall be allowed except in the confines of the permitted structure on the owner’s property.
Conditional

Swimming pools & hot tubs

The recorded declaration never mentions swimming pools. The Architectural Control Committee's July 2007 letter to lot owners, which is filed together with the covenants here, says a swimming pool of any kind needs Elkhart County Health Department approval before any installation takes place, and that the committee reviews house plans, additions, future accessory buildings and fences. No size, placement, fencing or screening rule for a pool appears in either document. Confirm with the committee and with the county what approvals a pool needs before you plan one.

Swimming pools of any kind need to be approved by the Elk. Co. Health Dept. before any installation takes place.
Conditional

Exterior changes & additions

Plans and specifications for a home must be approved in writing by the Architectural Control Committee before any construction starts, and the declaration says the committee's decision is entirely within its discretion. Written committee approval is also required for a garage larger than half the floor area of the house, for the one permitted accessory building, for fences, and for anything placed or affixed on the outside walls or roof such as solar panels, satellite dishes or antennas. The committee's 2007 letter to owners says it reviews additions as well. The declaration also sets its own building standards: at least 25 percent of the front exterior in masonry such as stone or brick, no roll siding or roofing, new materials only, a permanent poured concrete basement under every building except yard barn foundations, a roof pitch of at least 6/12 with an 18 inch minimum overhang, a narrowest ground-level dimension of at least 12 feet, a concrete driveway at least 17 feet wide from curb to garage, and an attached two-car garage of at least 576 square feet built at the same time as the house. Homes must be completed within nine months of the start of construction unless the committee grants a written extension. The declaration sets no deadline for the committee to answer a request.

In order to maintain harmonious structural design, no Dwelling Unit may be erected on any lot unless and until the plans and specifications for the Dwelling unit have been approved in writing by the Sandbrooke Architectural Control Committee (A.C.C.)
Conditional

Satellite dishes & antennas

Satellite dishes and radio or television antennas need prior written approval from the Architectural Control Committee, and none of them may be located in the front of the home at any time. Dishes may not be placed in front or side yard areas, or anywhere they are visible from the roadway fronting the property. A dish in an allowed rear yard area has to be screened with foliage or placed so it is obscured from each neighbor's view. A dish under 20 inches in diameter does not require the foliage screening, but it still may not go in the front yard area between the front of the home and the street. Small roof-mounted television antennas under five feet are exempt from this paragraph; they go on the rear slope of the roof, screened from street view.

Satellite, television or sound dishes may not be placed or installed in front or side yard areas or be visible from the roadway fronting property.
Conditional

Solar panels

Solar panels are named directly. They may not be placed or affixed on the lot, or on the outside walls or roof of the home, except with prior written approval of the Architectural Control Committee, and at no time may they be located in the front of the home. The declaration sets no limit on size, colour or number of panels and gives the committee no deadline to answer. If the roof face that suits your system is at the front of the house, that is the point to settle with the committee before you commit to an installation.

Except with prior written approval of the A.C.C., no lot owner shall cause or permit to be placed or affixed on said lot, the outside walls or roof of their dwelling, any of the following: solar panels, satellite receivers (dishes), radio or TV antennas, chasers, and/or similar structures. At no time shall any of the above items be located in the front of the home.
Conditional

Landscaping, trees & gardens

Landscaping is required rather than optional. Every homesite needs at least a properly prepared and seeded lawn and a minimum of two trees, one inch in diameter and six feet tall, finished within 12 months of occupancy. Owners also have to keep lawns, shrubs and trees neat and clean and take part in maintaining water retention areas and access easements as may be required. Grass and other vegetative cover may not exceed six inches on an improved lot or 12 inches on an unimproved lot, and an owner who lets it go may be charged a mowing fee by the developer, which may enter the lot to do the work. Hedges and shrubs that block the sightline between two and four feet above the roadway in a front yard are not permitted, and no structure, permanent or mobile, may sit in a drainage or utility easement. Each home also has to have a photo cell or automatic dusk-to-dawn post light on the front property line within five feet of the driveway.

Minimum landscaping shall be required on each homesite. Minimum landscaping consists of a properly prepared and seeded lawn and a minimum of two trees one inch in diameter and a height of 6 feet. The minimum landscaping must be completed within 12 months of occupancy.
Not stated

Mailboxes

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How you can live here

Conditional

Pets

House pets are allowed. Wild animals and domesticated farm animals, livestock, fowl, pigeons and poultry are not, and no dog, cat or other household pet may be kept, bred or maintained for any commercial purpose. The declaration sets no number limit and names no breed. It does restrict where a pet lives: house pets cannot be housed or regularly kept outside the dwelling unit, and pets may not be left outside the owner's home at night, which on its face rules out an outdoor kennel or run as a pet's living quarters. When a dog or cat is outside and not within sight of a personal attendant it has to be tethered or leashed and kept on the owner's property. A pet that becomes a neighborhood nuisance, hazard or threat to public health and safety is a violation of the covenants.

Dogs, cats or other household pets will not be kept, bred, or maintained for any commercial purposes. All such house pets cannot be housed or regularly kept outside of the dwelling unit and shall not be permitted to become a neighborhood nuisance, hazard or threat to public health and safety in any manner.
Not stated

Renting your home

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Not stated

Basketball hoops

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Conditional

Yard signs

No sign of any kind may be displayed to public view on a lot, with two exceptions the declaration names. One sign of not more than five square feet advertising the property for sale or rent is allowed, and a builder may use a sign of any size to advertise the property during the construction and sales period. The developer also reserved the right to put up its own signs to promote and sell lots and homes here. Political, contractor and security signs are not addressed separately, so on the face of this wording they would fall under the general restriction; the committee is the place to confirm how it is applied.

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 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.
Conditional

Street parking

The declaration says no storage or parking of machinery, lawn equipment, automobiles or other vehicles, licensed or unlicensed, is allowed except within the confines of the permitted structure on the owner's property. Read on its face that points vehicles into the garage or an approved building, and the paragraph does not carve out everyday driveway parking. No semi-truck and trailer or commercial equipment may be parked or kept on any lot at any time, other than temporarily in driveways during construction or alteration of a home. Every motor vehicle has to be equipped at all times for on-road driving. Each home needs a concrete driveway at least 17 feet wide running from the curb to the garage, plus concrete aprons of at least three feet by three feet on lots not on a cul-de-sac, and a home occupation may not be one that requires off-street parking under local codes. Nothing in the documents addresses parking on the street. Ask the committee how the storage paragraph is applied day to day before you rely on either reading.

No semi- truck and/or trailer, or commercial equipment shall be parked or kept on any lot at any time other than temporarily in driveways during construction or alteration of dwellings.
Conditional

Running a business from home

A home occupation may be permitted, but the declaration draws the lines tightly. It has to be conducted entirely within the home, carried on solely by a member of the immediate family living there, and be clearly incidental and secondary to use of the home as a residence. There may be no sign or display showing from the outside, no commodity sold on the lot, no employee other than an immediate family member living there, no activity that requires off-street parking under local codes, and no mechanical or power equipment. The declaration also names trades that do not count as a home occupation at all: a vehicle repair shop, barber shop, styling salon, beauty parlor, tea room, fortune-telling parlor, massage parlor, animal hospital, and any form of animal care or treatment such as trimming or grooming. A sales office authorized by the developer for selling property here is permitted.

No lot shall be used for any purpose other than as a single family residence, except that a home occupation, defined as follows may be permitted. Any use is permitted that is conducted entirely within the Dwelling Unit and participated in solely by a member of the immediate family residing in said residence
Not stated

Short-term rentals (Airbnb)

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Conditional

Vehicle repair in the driveway

This is one of the few covenants in the area that names vehicle repair directly. Repair of machinery, lawn equipment, automobiles or other vehicles, licensed or unlicensed, is allowed only within the confines of the permitted structure on the owner's property, which on its face means inside the garage or an approved building rather than in the driveway. No motor vehicle may be taken apart or left in a state of disassembly on any lot; every vehicle has to be equipped at all times for on-road driving, so a project car sitting outside would be a problem under this wording. Running a vehicle repair shop out of the home is separately excluded from what counts as a permitted home occupation.

No motor vehicle may be disassembled or allowed to remain in a state of disassembly on any lot but instead, shall be equipped at all times for on road driving.
Conditional

Trash & recycling containers

No lot may be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, and all of it has to be kept in sanitary containers. Incinerators and any other equipment for storing or disposing of waste must be kept clean and sanitary and properly concealed from public view. The declaration does not say where a container may sit on collection day and does not require a screened enclosure for the can itself. Two related rules: open trash burning after the home is completed is not allowed unless it follows the county burning ordinance, and no bulk fuel, oil or other hazardous products are allowed on any lot.

No lot shall be used or maintained as a dumping ground for rubbish, trash, garbage, or other waste, all of which shall be kept in sanitary containers. All incinerators or other equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition and properly concealed from public view.
Conditional

Grilling & outdoor cooking

The documents never mention a grill or a barbecue, in either direction. The only fire-related restriction is about burning trash: open trash burning after the home is completed is not allowed unless it is in accordance with the county burning ordinance. On the face of that wording a contained cooking grill is a different thing from open trash burning, but the document does not say so, so an owner who wants certainty should ask the Architectural Control Committee. The covenant itself points to the county burning ordinance, which is worth checking separately for any open fire.

No open trash burning after dwelling is completed shall be allowed unless in accordance with county burning ordinance.
Not stated

Clotheslines

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Not stated

Flags & flagpoles

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Not stated

Window coverings & decorations

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Where these answers come from

The documentDeclaration of Covenants and Restrictions of Sandbrooke, Section 1, Section 2 and Section 3, recorded November 30, 2006 as Instrument No. 2006 35127, Elkhart County, Indiana
Recorded asInstrument No. 2006 35127, recorded November 30, 2006, Elkhart County, Indiana (the governing Declaration)
Document Number 96-15627, plat of Sandbrooke Section 1, recorded June 25, 1996 (volume 22, page 85)
Document Number 98-028771, plat of Sandbrooke Section 2, recorded September 4, 1998 (volume 24, page 71)
Document Number 2003-02727, plat of Sandbrooke Section 3, recorded January 21, 2003 (volume 28, page 25)
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. Two separate scans of the same 2006 recording are on file; both were read in full and compared paragraph by paragraph, which is a strong check on the text. The recording stamp, the instrument number and the duration date were additionally read by eye off the page images.
The associationThere is no homeowners association here. The documents on file create no association, no membership, no board of directors and no assessments; the words dues, assessment and lien do not appear in them at all. What they create instead is a review committee, the Sandbrooke Architectural Control Committee. The committee has three to five members. While the developer, Sandbrooke, Inc., holds title to a lot it appoints them, may remove them and fills any vacancy, and the committee may designate any member to act on its behalf. Written committee approval is required before a home is built, for a garage larger than half the floor area of the house, for the one permitted accessory building or yard barn, for fences, and for anything affixed to the outside walls or roof such as solar panels, dishes or antennas. The declaration says the committee's decision is entirely within its discretion, and it sets no deadline for an answer. A July 2007 letter from the committee to lot owners, filed together with the covenants here, says five home or lot owners were selected to serve on it, that it reviews house plans, additions, future accessory buildings and fences, and that once the developer no longer holds title to any lot the committee makes the decisions and amendments. That letter also says a fee set by the committee will be charged for processing a change to the restrictions, and that a swimming pool of any kind needs Elkhart County Health Department approval before installation. Who enforces the covenants: the right to enforce is vested in the declarant and in each owner of a lot, and in their successors and assigns. That means any lot owner can enforce against a neighbor, which is the usual arrangement where there is no association to do it. Enforcement is by injunction, by a civil action for damages and by any other appropriate remedy at law or in equity, and it includes the right to have an offending dwelling removed by due process of law. If the declarant employs counsel to enforce the covenants, the owner in violation pays the costs, including reasonable attorney fees and the expense of removing or altering whatever violates the declaration. The committee may separately remove an improvement that does not follow the guidelines, at the homeowner's expense. Money: there are no regular dues and no special assessments in these documents. Three costs are named instead. Owners are required to take part in maintaining water retention areas and access easements as may be required, with no figure attached. An owner who lets a lot go unmaintained may be charged a mowing fee by the developer, which may enter the lot to mow it. And the 2007 letter adds a committee-set fee for processing a restriction change. None of the three is quantified anywhere, so ask the committee what they run today. Changing the covenants: while the developer held title to a lot, or until January 1, 2014, whichever came first, it could waive or amend any restriction by recording a signed and notarized amendment. After January 1, 2014 the declaration may be amended at any time by owners of not less than 75 percent of the lots recording the amendment. The covenants run with the land until January 1, 2124 and then extend automatically for successive ten-year periods unless owners of at least 75 percent of the lots agree to change them. That 2124 date was checked against the page image and is what the recorded document says. Leasing: the declaration sets no rental restriction. It refers to lots being leased and it allows a sign advertising a property for rent, but it states no minimum lease term, no approval requirement and no cap on the number of rentals. The single-family residential use limit applies to a tenant the same as to an owner. Notices to the developer go to a post office box in Millersburg, which the last paragraph of the declaration gives in full.

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