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Savannah Pass at the Forest

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

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

Before you rely on this page

Savannah Pass at the Forest is three developments under one association: Savannah Pass Town Home Condominium, Savannah Pass Villas and Savannah Pass Courtyard Villas. Each has its own recorded declaration. The answers on this page are read from the Amended Declaration for Savannah Pass Villas, dated January 1, 2005, which is the one covering the most homes.

The reason one page can answer for all three is that the declarations say so themselves. The Villas declaration applies its restrictions not only to the Villas lots but expressly to the property encompassed in the Savannah Pass Town Homes and the Savannah Pass Courtyard Villas developments, clause by clause. The Courtyard Villas declaration, recorded in March 2005, carries the same restrictions in the same words, re-lettered, and so does the use restrictions article in the association by-laws that came out of the Town Home condominium. All three were read and compared, and no restriction on this page differs between them.

The lot descriptions are genuinely confusing, because the land was re-platted four times and lot numbers repeat across replats. The Villas declaration covers Lots 44 through 53 and 58 through 79 of the First Replat, Lots 86 through 101 of the Second Replat, and Lots 54 through 57, 80 and 81 of the Fourth Replat. The Courtyard Villas declaration covers Lots 82B, 83D and 84 of the Fourth Replat. The Town Home condominium covers Lots 80 through 84 of the original plat. A lot number on its own will not tell you which one governs your home, so ask the title company which declaration is recorded against the parcel.

The recording number of the declaration that governs. The scan most often attached to a sale here has a recorder's stamp that did not come through legibly, so that copy on its own will not tell you the instrument number. A second copy of the same January 1, 2005 declaration is also on file, printed from the county's title records, and it carries the recorder's document reference on all twelve of its pages as 2005.5567, which St. Joseph County writes as Instrument No. 0505567. That is the number to give a title company, or to use at the Recorder's office, if you want to pull the recorded document yourself. The recording dates and numbers of the plats it refers to are legible and are listed with the source.

One further point on which document sits on your lot. An earlier declaration for these villas, recorded in December 2001, described its property as Lots 1 through 79 of that first replat, and the 2005 amended declaration that governs lists a narrower set of lots. Both were read and their restrictions run paragraph for paragraph in the same words, so the answers on this page should hold whichever of the two is recorded against a particular parcel. The title company can tell you which one that is.

Because the recorded copies are scans of paper rather than digital text, they were 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

✗ Not allowed

Fences

The word fence does not appear anywhere in these covenants. What they say instead is broader: no building or any other structure may be erected, altered, placed or permitted to remain on a lot by anyone other than the developer or its successors and assigns. A fence is a structure, so on that wording it is not something an owner puts up on their own. A separate paragraph bars anything at all being affixed to or placed on exterior walls or roofs without the Board's prior consent. If you want a fence, the Board is the only route, and the recorded documents do not describe one, so get the answer in writing before you buy on the strength of it.

No building or any other structure shall be erected, altered, placed or permitted to remain' on any lot in Savannah Pass Villas other than by Developer or its successor and assigns.
✗ Not allowed

Sheds & outbuildings

Sheds run into the same paragraph as fences. No building or any other structure may be erected, altered, placed or permitted to remain on a lot by anyone other than the developer or its successors and assigns. The covenants name no exception and describe no approval process for an owner-built outbuilding. This is a maintenance-provided villa and townhome community, and the restriction reads as written for that.

No building or any other structure shall be erected, altered, placed or permitted to remain' on any lot in Savannah Pass Villas other than by Developer or its successor and assigns.
Conditional

RVs, boats & trailers

Boats, campers, trailers of any kind, buses, mobile homes, commercial trucks, motorcycles, mini bikes, mopeds and any vehicle other than a normal passenger vehicle may not be permitted, parked or stored anywhere within the property. The same sentence then says that nothing in the paragraph prevents parking or storing those vehicles completely enclosed within a garage. So the covenants expressly contemplate a camper or boat being kept here, inside a closed garage. Whether yours fits is a question about the garage, not about the covenants.

No boats, campers, trailers of any kind, buses, mobile homes, commercial trucks, motorcycles, mini bikes; mopeds or any other vehicles of any description other than normal passenger vehicles shall be permitted, parked or stored anywhere within the Property; provided, however, that nothing herein shall prevent the parking or storage of such vehicles completely enclosed within a garage.
Not stated

Swimming pools & hot tubs

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

Exterior changes & additions

Nothing may be hung or displayed on the outside of windows or placed on the outside walls, and no sign, awning, canopy, shutter, radio or television antenna, or any other attachment or thing may be affixed to or placed upon exterior walls, roofs or any other part of a unit, without the prior consent of the Board. Separately, nothing may be done in a unit that would impair the structural integrity of a building or affect the exterior appearance of a unit. Between those two paragraphs and the bar on erecting any structure, the practical position is that visible exterior changes go to the Board first. The covenants describe no application form, timetable or standard for that consent, so ask the Board how it handles requests.

No Owner shall cause or permit anything to be hung or displayed on the outside of the windows or placed on the outside walls of any Villa Unit, and no sign, awning, canopy, shutter or radio or television antenna or other attachment or thing shall be affixed to or placed upon the exterior walls or roofs or any other parts of any Villa Unit. without the prior consent of the Board.
Conditional

Satellite dishes & antennas

A radio or television antenna is named among the things that may not be affixed to or placed upon exterior walls, roofs or any other part of a unit without the prior consent of the Board. The covenants were written before satellite dishes were common and they do not use the word dish, do not set a size limit, and do not describe how consent is sought or on what grounds it may be refused. If reception matters to you, ask the Board what it currently allows and get it in writing.

no sign, awning, canopy, shutter or radio or television antenna or other attachment or thing shall be affixed to or placed upon the exterior walls or roofs or any other parts of any Villa Unit. without the prior consent of the Board.
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

An owner may not plant trees, landscape or do any gardening anywhere in the property except with the express permission of the Board. The developer was excepted from that. Landscaping upkeep for the whole community is one of the things assessments pay for, so the grounds are the association's responsibility rather than yours. If you are the kind of buyer who wants to put in beds or change the planting around your home, this is a paragraph to read carefully and to raise with the Board before you buy.

No Owner shall be allowed to plant trees, landscape or do any gardening in any of the Property or Real Estate, except with the express permission from the Board.
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

Pet dogs, cats and customary household pets may be kept in a unit, provided they are not kept, bred or maintained for a commercial purpose and do not create a nuisance. Animals, livestock and poultry of any other kind may not be kept. Pets may not be staked or chained, and may not be anywhere in the community unless carried or leashed and accompanied by an adult. Each owner cleans up after their pet, and the covenants say a breach of those requirements counts as causing a nuisance. An owner is fully liable for injury or damage caused by their pet. If the Board judges a pet to be causing a nuisance or unreasonable disturbance or noise, or to be in violation of this section, the pet must be permanently removed within ten days of written notice.

except that pet: dogs, cats or customary household pets may be kept in a Villa Unit, provided that such pet is not kept, bred or maintained for any commercial purpose and does not create a nuisance.
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

For sale, for rent and for lease signs, any other sign, and any other window or advertising display, may not be maintained or permitted anywhere on the property without the prior written consent of the Board. The developer kept a right to place signs in connection with unsold or unoccupied portions. There is no automatic allowance for a small for-sale sign the way many declarations give one, so if you are selling here, ask the Board first.

No "for sale," "for rent," or "for lease" signs, or other signs, or other window or advertising display, shall be maintained or permitted on any part of the Property or the property encompassed in the Savannah Pass Town Homes and the Savannah Pass Courtyard Villas developments without the prior written consent of the Board
Conditional

Street parking

All vehicles must be parked either within the unit's enclosed garage, if it has one, or on the street as local law allows. The covenants then carve out vehicles temporarily parked overnight for not more than seven consecutive nights, which the parking sentence does not apply to. Anything other than a normal passenger vehicle, including commercial trucks, motorcycles, mini bikes and mopeds, may not be parked or stored anywhere in the community unless completely enclosed in a garage. Agents and employees of the declarant and of the association are outside the paragraph.

All vehicles must be parked within a Villa Unit's enclosed garage, if applicable, or on. the street as allowed by local laws. The preceding sentence does not apply to vehicles temporarily parked overnight for not more than seven (7) consecutive nights.
✗ Not allowed

Running a business from home

The covenants bar commercial activity broadly and they do not define or carve out a permitted home occupation. No industry, trade or other commercial activity, educational or otherwise, designed for profit or otherwise, may be conducted, practiced or permitted in the property or in either of the other two developments. Only the developer's own activities were excepted. If you intend to run anything from the home, ask the Board how it reads this paragraph before you commit.

Except for activities conducted by the Developer, no industry, trade, or other commercial activity, educational or otherwise, designed for profit, altruism or otherwise, shall be conducted, practiced or permitted in the Property or the property encompassed in the Savannah Pass Town Homes and the Savannah Pass Courtyard Villas developments.
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 →
Conditional

Vehicle repair in the driveway

These covenants address vehicle repair directly rather than by way of a storage rule, which is unusual. No repair work may be done on any vehicle anywhere in the community, passenger cars included, unless it is done in an enclosed garage. So working on your own car is contemplated, but not in the driveway or on the street.

No repair work shall be done in the Property or the property encompassed in the Savannah Pass Town Homes and the Savannah Pass Courtyard Villas developments on any vehicles, including but not limited to passenger automobiles, unless done in an enclosed garage.
Conditional

Trash & recycling containers

Garbage, trash and refuse must be stored in appropriate containers inside the garage of the unit and kept there until no earlier than sundown of the evening before scheduled collection. It goes out in sealed disposable plastic bags or other containers the Board has approved, and it is placed at whatever collection points the Board designates rather than simply at your own curb. The community is also required generally to be kept free and clear of rubbish, debris and other unsightly materials.

All garbage, trash, and refuse shall be stored in appropriate containers inside the garage of the Villa Unit, and shall be kept therein until no earlier than sundown of the evening before scheduled trash collection.
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 allowed

Clotheslines

Nothing may be hung out or exposed where it is visible from any part of the community. The covenants name cloths, sheets, blankets, rugs and laundry, and then add or other things, so the restriction is wider than a clothesline. A separate paragraph bars hanging or displaying anything on the outside of windows or on exterior walls without the Board's consent.

No cloths, sheets, blankets, rugs, laundry or other things shall be hung out or exposed on, or so as to be visible from, amy part of the Property or the property encompassed in the Savannah Pass Town Homes and the Savannah Pass Courtyard Villas developments.
Conditional

Flags & flagpoles

Flags are named. Items including structures, ornaments, decorations, displays, sculptures, models, flags and banners may not be stored or displayed anywhere in the community, and then the same paragraph says those items may be displayed if the owner obtains advance written consent from the Board. The covenants add that the consent may be withdrawn at any time without notice, so a permission granted is not stated to be permanent. If flying a flag matters to you, ask the Board what it currently permits and get the answer in writing.

No items, including but not limited to structures, ornaments, decorations, displays, sculptures, models, flags or banners may be stored or displayed on the Property or the property encompassed in the Savannah Pass Town Homes and the Savannah Pass Courtyard Villas developments. Notwithstanding the preceding sentence, the foregoing items may be displayed provided the Owner obtains advance written consent from the Board, which consent may be withdrawn at any time without a notice.
Conditional

Window coverings & decorations

Nothing may be hung or displayed on the outside of the windows without the prior consent of the Board. Window displays are reached from a second direction as well: the signs paragraph bars any window or advertising display anywhere on the property without the Board's prior written consent. The covenants do not address what you put on the inside of a window where it happens to be visible from outside, so that edge is not settled by the recorded text.

No Owner shall cause or permit anything to be hung or displayed on the outside of the windows or placed on the outside walls of any Villa Unit

Where these answers come from

The documentAmended Declaration of Protective Covenants and Restrictions Applicable to Savannah Pass Villas, dated January 1, 2005, read with the Amended Declaration for Savannah Pass Courtyard Villas recorded March 28, 2005 and the Declaration of Horizontal Property Regime for Savannah Pass Town Home Condominium recorded December 5, 2001
Recorded asSavannah Pass at the Forest-First Replat, Document Number 0152869, recorded October 23, 2001
Savannah Pass at the Forest-Second Replat, Document Number 0238468, recorded July 17, 2002
Savannah Pass at the Forest-Fourth Replat, Document Number 0442277, recorded August 25, 2004
Amended Declaration for Savannah Pass Courtyard Villas, recorded March 28, 2005
Declaration of Horizontal Property Regime, Savannah Pass Town Home Condominium, recorded December 5, 2001
Assignment and Assumption of Declarant's Rights, Heatherton Homes, Inc. to Place Realty, Inc., recorded June 14, 2005
How it was readOptical character recognition of the scanned recorded copies. The declaration read for the answers was pulled from the neighborhood's own document file rather than from the working extract, because the extract had filled up on four scans of the association by-laws and left every covenant document out. All three of the development declarations were read and compared clause by clause.
The associationSavannah Pass Homeowners' Association, Inc., an Indiana nonprofit corporation, governs the whole of Savannah Pass at the Forest. Every owner is a member and all of the property is subject to the association's governance. The unusual thing here, and the thing worth understanding before you buy, is that the neighborhood is three developments under one association: Savannah Pass Town Home Condominium, Savannah Pass Villas and Savannah Pass Courtyard Villas. The by-laws require that there always be at least one director who is a resident of each of the three. Each development has its own recorded declaration, and each of those declarations applies its restrictions not only to its own lots but expressly to the other two as well, which is why the answers on this page are the same whichever of the three you are buying in. What the assessments pay for is stated broadly: maintenance, upkeep and repair of landscaping, roads, utilities and other items located on or serving all three developments, and each owner agrees to pay its share of those common expenses as assessed. Payment is due immediately on receipt of an assessment from the association. The developer was exempt from paying assessments. The recorded documents set no dollar figure, so ask the association what the current assessment is, what it covers, and whether it differs by development. The Board has standing authority to issue rules and regulations governing the operation, use and enjoyment of the property, and every owner, their family, guests, invitees and occupants are bound by them. Several of the restrictions on this page turn on the Board's written consent, so in practice the Board's current rules matter as much as the recorded text. Ask for a copy. Enforcement is by suit at law or in equity, and the right to enforce, including the right to have an offending structure removed, is vested in each owner and in the developer. If counsel is employed, 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, enforced as under the Indiana mechanic's lien statutes. One piece of history that explains the paperwork: the original declarant, Heatherton Homes, Inc., assigned its declarant rights to Place Realty, Inc. by a recorded assignment in May 2005. The covenants also contemplated developer control ending on the earlier of November 1, 2010 or a recorded turnover document, after which amendments need the owners of at least seventy-five percent of the lots.

Ask us about Savannah Pass at the Forest

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.