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Sunlit Acres

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

10 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 instrument: the Protective Restrictions, Covenants, Limitations and Easements for Sunlit Acres Subdivision Phase 1, in Jefferson Township, Elkhart County, recorded in 1997 under instrument number 97 016977. Its own first page says the restrictions were amended from an original filing dated June 26, 1997. Only the amended version is on file here; the original filing is not.

The title limits it to Phase 1. The legal description attached to it describes a tract of about 99.36 acres in Section 21 of Jefferson Township. Whether later phases of Sunlit Acres were platted, and what governs them, is not something this document answers. If the home you are looking at sits outside Phase 1, it is worth pulling the covenants for its own plat from the Elkhart County Recorder or asking your title company to do it as part of the title search.

Two timing clauses matter and they are easy to miss. The Developer's authority over architectural control is stated to expire fifteen years after recording, and the Developer's involvement in land use and building types is stated to terminate on the same schedule, while all the other restrictions remain in full force. Many of the rules below are written as requiring the written consent of the Developer, so who gives that consent today is a real question this document does not answer. Separately, the covenants run for twenty-five years from recording and then extend automatically in successive ten-year periods unless owners of at least seventy-five percent of the lots vote otherwise, and after the first fifteen years owners of seventy-five percent of the lots may amend them by recording an amendment. Any amendment recorded after 1997 would not be in this file.

There is no homeowners association in this document. It creates none, and it names no board, no common areas and no dues or assessments. Enforcement is placed on the Developer and on each lot owner.

The copy on file is a scan of paper, so every page was also read by eye off the page images rather than trusting the machine reading alone. That mattered: four sections were legible on the images and missing from the machine reading, including the one that governs mailboxes, which would otherwise have been reported here as unaddressed. It is a good reason to read any clause yourself before you rely on it.

Where this page says the document does not address something, that was checked rather than assumed. There is no mention anywhere of an antenna, a satellite dish, solar panels, a clothesline, a flag or flagpole, a basketball hoop, window coverings, renting, short-term renting, or repairing a vehicle. The document does say every dwelling is intended for single family residential use, and it does bar commercial vehicles from the open areas, but it never addresses running a business from a home, so that is left unanswered here rather than stretched out of a clause about something else. The underground-utility rule covers utility service lines rather than anything a homeowner mounts on a house, which is why it is not read as an answer about antennas or dishes.

What you can build and change

Conditional

Fences

Fences are limited by where they sit on the lot. In front of the rear building line of the principal structure, the only fence the document allows is a decorative one no more than two feet six inches high, and chain link or wire fence is specifically forbidden there. Behind the principal structure a fence may be up to six feet. The document sets no material standard for that rear fence and states no approval step for a fence on its own terms, though the architectural control paragraph requires the Developer's written approval before any structure is erected or altered and never says whether a fence counts as a structure for that purpose.

No fence, except decorative fence two feet six inches (2” 6”) high maximum, 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 six feet (6’). Use of chain link or wire fence in front of the rear building line is specifically forbidden,
Conditional

Sheds & outbuildings

Storage sheds, garden sheds, pool or bath houses and any other accessory building are permitted only with the written consent of the Developer. The document adds that such a structure is to be of high quality, built in a workmanlike manner, and kept that way. Moving an existing outbuilding onto a lot also needs written consent. No shed, barn, garage or other outbuilding may be used as a residence at any time. One thing to check before you plan anything: the document says the Developer's architectural control authority expires fifteen years after recording, and it names nobody to take that role over, so who gives this consent today is a question it does not answer.

Storage sheds, garden sheds, pool or bath houses, and any other accessory building or enclosed swimming pools shall be permitted only with the written consent of the Developer.
Conditional

RVs, boats & trailers

Campers, trailers, trucks, boats and snowmobiles are all handled in one paragraph. It says no recreational or commercial vehicle may be kept in open areas in the subdivision, whether those open areas are on or off the owner's lot, except at points beyond and behind the rear building line for each lot. So this version of the clause names a place where one may sit, which is behind the rear building line, and bars the open areas in front of it. It does not define what counts as an open area, it sets no time limit for loading or unloading, and it never mentions a garage either way.

No recreational or commercial vehicles (campers, trailers, trucks, boats or snowmobiles) may be kept in open areas in the subdivision, whether such Open areas are on or off the Iot of any lot owner, except at points beyond and behind the rear building line for each lot.
Conditional

Swimming pools & hot tubs

The only pool language sits in the building paragraph. It says pool or bath houses and enclosed swimming pools are permitted only with the written consent of the Developer, and that such a structure is to be of high quality and consistently maintained in attractive condition. The document does not separately address an above-ground or unenclosed pool, and it sets no size, fencing or setback standard for a pool. As with the other consent rules here, the Developer's approval role is stated to expire fifteen years after recording and no successor is named.

Storage sheds, garden sheds, pool or bath houses, and any other accessory building or enclosed swimming pools shall be permitted only with the written consent of the Developer.
Conditional

Exterior changes & additions

Exterior work runs through a written approval gate. No building or other structure may be erected, placed, maintained or altered, and the natural topography or drainage of a lot may not be altered, until the plans are approved by the Developer. The plans must show the floor plan, the quality of construction materials, the outside colors, the harmony of the external design with existing structures, and the location against the lot lines, topography and finished grade. Two complete sets go in, one is returned with the decision in writing, and the document says the decision is entirely within the Developer's discretion. It sets no deadline for a response and no deemed-approval rule. It also says this architectural control authority expires fifteen years after recording while the other restrictions stay in force, so it is worth asking your title company who, if anyone, reviews plans today.

No building or other structure shall be erected, constructed, placed, maintained or altered on any lot, nor shall the natural topography or drainage of any lot be altered, until the construction plans for such structure or topographical changes have been approved by the Developer.
Not stated

Satellite dishes & antennas

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

Solar panels

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Conditional

Landscaping, trees & gardens

Three rules touch the yard, and only one of them is about appearance. Every lot must be kept mowed, trimmed and free of debris at all times, vacant or not, with grass clippings and tree and bush trimmings disposed of by the owner rather than dumped on a vacant lot, and the document says violators will be charged for the removal. Separately, no grading, planting, sodding or surface covering may be applied to the strip between the front lot line and the outer edge of the street surfacing in any way that reduces or impedes storm drainage, and anyone who alters the drainage is made personally liable for the resulting damage. The utility easement strips may be used for gardens, shrubs and landscaping so long as that does not interfere with the utility use, but no permanent building may sit on them. Nothing in the document restricts plant choice, beds, or tree removal elsewhere on a lot, and there is no approval step for ordinary planting.

All lots shall be kept mowed, trimmed and free of debris at all times whether vacant or not. All grass clippings, tree and bush trimmings, and any debris are to be properly disposed of by Lot or Homeowner, they are not to be dumped on any vacant lot or Lots.
Conditional

Mailboxes

Mailboxes get their own short section. All mail boxes are to be located at the side of the property drive, must be approved by the developer at the time of installation, and must be kept in good repair at all times. The document names no style, height, material or color, and it does not say who approves a replacement now that the Developer's stated approval period has run.

All mail boxes are to be located at the side of the property drive. Mail boxes must be approved by the developer at time of installation, and must be kept in good repair at all times.

How you can live here

Conditional

Pets

Dogs, cats and other household pets may be kept. Livestock, animals or poultry of any other kind may not be harbored, raised, bred or kept on a lot. The permission for household pets carries two conditions: they may not be kept, bred or maintained for any commercial purpose, and they may not be permitted to become a neighborhood nuisance or hazard. The document sets no number limit, no weight or breed limit, no leash rule and no waste rule. A separate paragraph asks each buyer to recognise the rural setting and the agricultural uses nearby, which are outside the Developer's control.

No livestock, animals or poultry of any kind shall be harbored, 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.

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Not stated

Basketball hoops

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Conditional

Yard signs

One sign is allowed. No sign of any kind may be displayed to public view on a lot except a single sign of not more than five square feet advertising the property for sale or rent, or a sign of any size used by a builder to advertise during the construction and sales period. The Developer also reserved the right to put up its own signs to promote sales in the development. The document does not separately address political, security, contractor or holiday signs, so those fall under the general wording rather than an exception.

No signs of any kind shall be displayed to the 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.
Conditional

Street parking

The one paragraph governing where a vehicle may sit covers recreational and commercial vehicles, and it names campers, trailers, trucks, boats and snowmobiles. None of those may be kept in open areas in the subdivision, on or off the lot, except beyond and behind the rear building line. That reaches a work truck as well as a camper. The document sets no rule at all on where an ordinary passenger car may park, on parking in the street, or on how many vehicles a household may keep. What it does require is an attached garage on every dwelling, sized for two cars and no more than three and at least 484 square feet, and a driveway of asphalt or concrete at least four inches thick and at least twelve feet wide, with a circular drive in front of a home allowed at a minimum of eight feet. Stone and cinder driveways are not permitted.

No recreational or commercial vehicles (campers, trailers, trucks, boats or snowmobiles) may be kept in open areas in the subdivision, whether such Open areas are on or off the Iot of any lot owner, except at points beyond and behind the rear building line for each lot.
Not stated

Running a business from 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

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 is covered in detail. A lot may not be used or maintained as a dumping ground for rubbish, and trash, garbage or other waste may be kept only in sanitary containers, with the storage and disposal equipment kept clean. The document defines waste broadly enough to take in discarded household furniture, appliances, building materials, tools, toys and equipment not in use on the premises, and it restricts storing any of that to inside the residence or inside an enclosed accessory building such as a garage, garden shed or storage building. Exterior storage of those items is specifically forbidden. During construction, building materials and trash of any kind must be kept in a trash container. There is no community trash service in this document and no rule about where a bin may sit on collection day.

No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste material shall not be kept except in sanitation containers.
Conditional

Grilling & outdoor cooking

The document never names a grill, a barbecue or a fire pit. The only burning rule sits inside the trash paragraph and bans burning household trash or garbage, indoors or out, whether or not an incinerator is used. On the face of that wording it reaches waste burning rather than cooking, so a contained cooking grill is not what it bans, but nothing here addresses grilling either way. The nuisance paragraph, which bars noxious or offensive activity and anything that may become an annoyance in the neighborhood, is the clause a smoke complaint would most likely run through.

No burning, whether indoors or out, of household trash or garbage shall be permitted whether or not incinerators are used.
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 and Easements for Sunlit Acres Subdivision Phase 1, Jefferson Township, Elkhart County, Indiana, instrument 97 016977 (1997)
Recorded as97 016977
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 and then every one of its 12 pages was re-read by eye off the page image. That recovered four sections the machine reading had dropped, including the rule that governs mailboxes.
The associationThere is no homeowners association here. This instrument does not create one. It names no board, no architectural committee, no common areas, no management company, and no assessments or dues of any kind, and nothing in it obliges an owner to pay money to a community body. Who enforces it instead is spelled out. The right to enforce these provisions by injunction, together with the right to cause the removal by due process of law of any offending structure, is vested in the Developer and in each owner of a lot in Sunlit Acres Subdivision. The Developer here is a group of individuals named and signed in the recorded instrument, who owned every lot in the subdivision when it was executed. A neighbor having standing to enforce directly is unusual to find written out, and it is worth knowing. The covenants may also be enforced by a civil action for damages or by any other appropriate remedy at law or in equity. Enforcement carries a cost rule with teeth. If a lot owner or the Developer hires counsel to enforce any of the covenants, all costs of enforcement including reasonable attorney fees are to be paid by the owner of the lot the action is brought against, and the prevailing party is given a lien on that lot to secure payment, enforceable in the same manner as a mechanic's lien under Indiana law. The yard paragraph has a smaller version of the same idea: anyone who dumps debris on a vacant lot is to be charged for its removal. Approvals run through the Developer rather than a committee. Plans for any building or structure, any change to the topography or drainage of a lot, a shed or other accessory building, a pool or bath house, moving an existing outbuilding onto a lot, a roof pitch under 5-to-12, any waiver of the garage requirement, a mailbox at the time of installation, and the type of the dusk-to-dawn light each lot owner is required to install, all call for the Developer's written approval or consent. Two complete sets of plans go in, one comes back with the decision in writing, and the instrument says the decision is entirely within the Developer's discretion. It sets no response deadline and no deemed-approval rule. The timing is the part to check before relying on any of that. The instrument says the Developer's authority as to architectural control expires fifteen years after these restrictions were recorded, and separately that the Developer's involvement in land use and building types terminates on the same fifteen-year schedule, while all the other restrictions remain in full force and effect. These were recorded in 1997, so that period has run. The instrument names no successor, no association and no other body to take over approvals, and no later document doing so is on file here. If you are planning a shed, a pool or an exterior change, that is the question to put to your title company or a real estate attorney before you start. On services, each lot is to be served by its own well and its own septic system approved by the Elkhart County Health Department, so there is no community water, sewer or trash service to pay for. Each lot owner maintains the drainage system installed on the lot, and both the Developer and the County of Elkhart reserved the right to remove alterations to that drainage and to maintain it at the lot owner's expense. The covenants run with the land for twenty-five years from recording and then extend automatically for successive ten-year periods, unless owners of the fee simple title to at least seventy-five percent of the lots vote otherwise. For the first fifteen years the Developer alone could alter or amend them, including waiving any part of them as to a particular lot; after that, owners of at least seventy-five percent of the lots may amend by recording an amendment with the Elkhart County Recorder.

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