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The Villas of Clover Trails

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

12 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. It is the Declaration of Covenants and Restrictions of The Villas of Clover Trails, made January 9, 2002 by RT, LLC and recorded with the Elkhart County Recorder on January 24, 2002 as instrument 2002-03427. It runs to thirty-seven numbered paragraphs and the restrictions below sit in paragraphs 7 through 33, every one of which was read. The association's Code of Bylaws and its Articles of Incorporation are on file with the same recording and were read for the association section. Nothing recorded after 2002 for this neighborhood turned up anywhere in the documents available here, so no amendment has been applied.

Three developments near here carry similar names and they are governed by different documents, so the name matters. This page is The Villas of Clover Trails, a 12.20-acre planned unit development declared in 2002 by RT, LLC, with its own homeowners' association and two private drives, Clover Creek Drive and White Pine Court. It is not Clover Trails, the older and larger subdivision platted in numbered sections by a different developer, each section having its own declaration. It is not The Villas of Park Meadows at Clover Trails either, which is a separate 2005 declaration. A 1996 declaration for Clover Trails, Section 2, covering lots 18 through 37 and recorded by Clover Trails Corporation, was among the documents pulled for this neighborhood and none of the answers below come from it.

What the declaration covers. It describes the land by survey rather than by lot numbers: a 12.20-acre parcel in the Southeast Quarter of Section 17, Township 36 North, Range 6 East, Elkhart Township, bounded in part by Clover Trails Section 5, and platted December 17, 2001 at Plat Book 27, page 48. The declarant also reserved the right to add adjacent land to the same covenants later, so exactly which homesites are bound today is a title question rather than one this page can settle.

Two limits worth knowing before you rely on any answer here. First, the declaration says the architectural control committee's authority expires fifteen years after the recording of the plat on which the affected homesite sits. For the plat recorded in December 2001 that date falls around the end of 2016, and the document does not say what happens to plan approval afterwards, so ask the association how exterior approvals are handled now. Second, the bylaws let the board adopt reasonable rules and regulations by a two-thirds vote of the board, and say that once such rules are recorded they may supplement or supersede the declaration. No board rulebook is on file here, so ask the association whether one exists and ask for a copy.

What to do before you rely on it. Have your title company or the Elkhart County Recorder confirm the covenants recorded against the specific parcel and pull anything recorded since 2002, and ask the association for the current assessment, what it covers, and the committee's current standards. The recorded copies on file are scans of paper rather than digital text, so individual words can be misread in conversion, which is why each answer below carries the document's own wording.

What you can build and change

Conditional

Fences

Perimeter fencing of any type is not allowed. The only fence the declaration permits is a privacy fence used to screen a patio, deck or similar area, and that needs the architectural control committee's approval before it goes up. No height, material or colour is specified, so those would come down to the committee's own standards. Nothing in the document addresses a fence anywhere other than around a patio or deck.

No perimeter fencing of any type shall be allowed. Privacy fences shall be utilized only for screening patio, deck, or other similar areas, and then only after approval by the Committee.
✗ Not allowed

Sheds & outbuildings

Storage sheds and outside buildings are prohibited on any lot. The declaration gives its reason plainly: the lots are small and it is trying to keep a uniform appearance. A second paragraph reinforces it by barring any structure of a temporary character and naming tool sheds, storage sheds, barns, shacks, tents and other outbuildings of any type, with the one exception being a construction trailer while the home is being built.

No storage sheds nor any outside buildings are permitted on any Lot given the size of the Lots and the homogeneous appearance desired by this Declaration.
Conditional

RVs, boats & trailers

Campers, boats, trailers, recreational vehicles, snowmobiles, motorcycles and dune buggies may not be parked outside a permitted structure on a homesite for longer than forty-eight hours. That forty-eight hour window is the condition: loading, unloading or a short stop sits inside the wording, and leaving the vehicle out beyond it does not. The declaration never defines what a permitted structure is. Elsewhere it treats the garage as part of the home itself, and it prohibits storage sheds and outside buildings on these lots, so the attached garage is realistically the only enclosed structure available. It does not say in so many words that a camper kept inside a garage is fine, and it does not say it is not, so confirm that with the association rather than assuming either way. Two related limits: a homesite may not be used for the storage of motor vehicles, and no vehicle may sit on the private drives for more than twelve hours in a day.

No snowmobiles, boats, trailers, recreational vehicles, motorcycles or dune buggies may be parked outside of permitted structures on any Homesite for longer than forty-eight (48) hours.
✗ Not allowed

Swimming pools & hot tubs

Pools, hot tubs, tennis courts and other similar devices or structures are prohibited on any lot, and the declaration gives the limited size of the lots as the reason. It draws no distinction between an in-ground pool, an above-ground pool and a hot tub, and it offers no approval route for any of them.

No tennis courts nor any pools, hot tubs, or other similar devices or structures are permitted on any Lot given the limitations on size of the Lots in the Property.
Conditional

Exterior changes & additions

Nothing may be built, placed, maintained or altered on a homesite, and the lot's natural topography or drainage may not be changed, until the architectural control committee has approved the plans. Two complete sets have to be submitted and they must show the floor plan, exterior type and finish, materials, the outside colours, how the design sits with the homes already there, and the location relative to the lot lines. Approval or disapproval comes in writing and the declaration says the decision is entirely within the committee's discretion. Once plans are approved, no deviation is allowed without further written consent. Awnings need committee approval too. One point to raise with the association: the declaration says the committee's authority expires fifteen years after the recording of the plat on which the homesite sits, which for the December 2001 plat falls around the end of 2016, and the document does not say how approvals work after that.

no Dwelling Unit or other structure or improvement shall be erected, constructed, placed, maintained or altered on any Homesite, nor shall the natural topography or drainage of any Homesite be altered, until the builder and the construction plans for the structure and/or for the topographical alterations and the landscaping (as more particularly set forth below) have been approved by the Committee.
Conditional

Satellite dishes & antennas

All utility service, including cable television, has to run underground and out of sight. One satellite dish is permitted per homesite. The declaration limits it to eighteen inches, writing that as eighteen inches in circumference, and requires it to be attached on the back half of the roof of the home in an inconspicuous location, with that location approved by the committee. Outdoor television antennas are not otherwise provided for. A dish that will not fit those terms is a conversation to have with the association before it goes up.

Provided, however, that a satellite dish, not to exceed eighteen (18) inches in circumference, shall be permitted on any Homesite subject to the following criteria: Such dish must be located and be attached/installed on the back one-half of the roof of the Dwelling in an inconspicuous location, and such location of such dish must be approved by the Committee.
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

Lawn and landscaping plans have to be approved by the committee in writing before the home and the landscaping go in. Two sets are submitted, and they must give the location and type of trees, shrubs and plants along with the size, variety and planned position of each. After that, the association rather than the owner maintains the lawns and landscaping in line with the approved plan, which is part of what the assessment pays for. Gardens are allowed only behind the rear building line of the home, may not exceed three hundred square feet, and nothing planted in a garden may exceed forty-two inches in height. Lawn sprinkler devices are prohibited.

the Owner of each Homesite and/or the builder therefore shall be required to submit lawn and landscaping plans (two [2] sets, one to be retained in the office of Declarant and one to be returned to the builder) with sufficient supporting documentation and information, to include location and type of trees, shrubs, and plants, and the size, and variety and planned location thereof, all of which must be approved by the Committee in writing prior to undertaking of construction of the Dwelling and such landscaping.
Conditional

Mailboxes

Every home has to have a mailbox, kept in good working order and maintained so that it looks right. The committee sets the style, and it may allow different sizes or double containers. Newspaper boxes are expressly prohibited. For homes on the private drives, the mailboxes are placed near the paved portion of the road at a location the committee approves, so a box may not sit at the end of its own driveway.

The Committee shall establish a given style for mailboxes, which may allow for different sizes or double containers or components. Newspaper boxes are expressly prohibited.

How you can live here

Conditional

Pets

Dogs, cats and other household pets are allowed. Livestock and poultry are not, and no pet may be kept, bred or maintained for a commercial purpose or allowed to become a nuisance or hazard in the neighborhood. The declaration adds three specific duties: a pet of any type must be leashed and attended at all times, pets may not be left outside the home at night, and the owner is responsible for immediate clean-up of any waste. No number limit and no breed or weight limit appears in the recorded text.

No animals, livestock or poultry of any kind shall be raised, bred or kept on any Homesite 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. Any pets of any type must be leashed and attended to at all times. Pets shall not be left outside an Owner’s Dwelling at night.
Conditional

Renting your home

Renting is allowed but the term is capped: no lease of a home may be entered into for more than one year without the prior approval of the association. The owner stays responsible for all assessments regardless, and a tenant is jointly and severally responsible for assessments that come due during the lease. The declaration also limits a homesite to use as a single-family residence. It sets no minimum lease length and no cap on how many homes may be rented.

No leases of any Dwelling Units may be entered into for more than one (1) year without the prior approval of the Association. The Owner of the affected Homesite shall remain responsible for all Assessments, and any tenant of any such Dwelling Unit under any lease shall also, by virtue of the leasing arrangements, be jointly and severally responsible for any Assessments occurring during the tenure of such lease or the usage of the Dwelling Unit.
✗ Not allowed

Basketball hoops

The declaration never names a basketball goal. What it does is prohibit, on any homesite, lawn sprinkler devices, sandboxes, swing sets, slides, gazebos and other yard structures, devices and play ground equipment, giving the small size of the lots and the association's lawn maintenance as the reason. A pole-mounted goal standing in the yard falls within that wording, and the paragraph offers no approval route, so treat it as prohibited unless the association tells you otherwise. The single outdoor item the paragraph expressly permits is one single-pole shade umbrella in the rear yard or on a rear patio. A goal mounted on the house or garage is not addressed either way, and any such change would need committee approval in any event.

lawn sprinkler devices, sandboxes, swing sets, slides, gazebos, or other yard structures, devices, and play ground equipment are expressly prohibited on any Homesite.
Conditional

Yard signs

One sign is allowed on a homesite: a for-sale sign of not more than five square feet. Builders may use a reasonably sized sign during the construction and sales period, and the developer reserved the right to put up its own signage to promote lot sales. Beyond those, no sign of any kind may be displayed to public view. A home occupation specifically may not have a sign or display that shows from the outside. Political, security and contractor signs are not addressed.

No sign of any kind shall be displayed to the public view on any Homesite except one (1) sign of not more than five (5) square feet advertising the Property for sale, or a sign of reasonable dimension used by builders to advertise during the construction and sales periods
Conditional

Street parking

Clover Creek Drive and White Pine Court are private drives owned by the association, and on-street parking on them is prohibited as the general rule, with one allowance written into the same paragraph: a vehicle may be parked on the street for up to twelve hours in any twenty-four hour day measured midnight to midnight, provided it does not block other vehicles getting in or out. Driveways have to be approved by the committee, must conform to the width of the garage door, must be at least ten feet wide, and must be concrete unless the committee approves another material in writing; stone and cinder driveways cannot be approved at all. Two further limits sit nearby: a homesite may not be used for the storage of motor vehicles, and boats, trailers, campers and similar vehicles may not stay parked outside a permitted structure for more than forty-eight hours.

Except as herein provided, on-street parking on the shared roadways of the Property, to include specifically Clover Creek Drive and White Pine Court, is prohibited, and it is the stated goal of the Declarant, and the duty of all Owners of Homesites, to keep such private roadways open and free for ingress and egress purposes. On-street parking on the shared roadways of the Property is permitted if (a) such parking does _not involve any vehicle being so parked for more than twelve (12) hours in any twenty-four (24) hour day (midnight to midnight)
Conditional

Running a business from home

A homesite may be used only as a single-family residence, with one carve-out for a home occupation. To qualify, the declaration requires all of the following: the work happens entirely inside the home; it is carried on solely by a member of the immediate family living there; it is clearly incidental and secondary to living in the home and does not change its character; nothing visible from the outside indicates the home is used for anything else, which rules out any sign or display; no commodity is sold on the homesite; nobody is employed other than an immediate family member living there; and no mechanical or electrical equipment is used. The declaration then names businesses that cannot qualify however they are run, among them a barber shop, styling salon, beauty parlor, tea room, fortune-telling parlor, animal hospital and any form of animal care or grooming business.

No Homesite 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 conducted entirely within the Dwelling Unit and participated in solely by a member of the immediately family residing in said residence, which use is clearly incidental and secondary to the use of the Dwelling Unit for dwelling purposes and does not change the character thereof
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

A homesite may not be used or maintained as a dumping ground for rubbish, and trash, garbage and other waste must be kept in sanitary containers. Containers are to be kept indoors except for pickup, and may not go out earlier than twelve hours before the expected pickup time. Each owner arranges and pays for routine trash pickup unless and until a governmental unit takes it over, so ask the association whether that has changed.

No Homesite shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and kept indoors except for pickup, and outside placing for pickup shall be no earlier than twelve (12) hours from expected pickup time.
Conditional

Grilling & outdoor cooking

The declaration never names a grill of any kind. What it has is a fires paragraph, and that paragraph cuts two ways. It bars fires, burn pits and other types of incineration device from functioning, operating or being placed on any street or roadway, within any homesite, or on the common areas. In the same sentence it then expressly permits properly established, maintained and controlled campfire pits for social functions as opposed to incineration or burning, including on the common areas. So the line the document draws is between burning things and having a fire for company, and a cooking grill is not addressed on either side of it. Worth asking the association where it treats a charcoal grill as falling, and gas may be a different question again.

No fires, burn pits, or other types of incineration devices shall be permitted to function, operate, or be placed upon any street or roadway on the Property, or within any Homesite or any Common Area; provided, however, that properly established and maintained and controlled campfire pits for social functions (as opposed to incineration or burning purposes) are expressly permitted, to include specifically such facilities established or developed on the Common Areas.
Conditional

Clotheslines

Hanging laundry, rugs or other items outside the home on a regular or repeated basis is not permitted. The one exception is an umbrella-style clothes drying device, one per homesite, placed to the rear of the home. The declaration does not mention a fixed line, a retractable line or a temporary rack, and it does not say the umbrella dryer needs committee approval.

no regular or repeated hanging of laundry, rugs, or other items outside a Dwelling Unit on any Homesite is permitted, except for one umbrella style clothes drying device per Homesite to be located to the rear of the Dwelling.
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 →
Conditional

Window coverings & decorations

The declaration says nothing about curtains, blinds, shades or anything displayed in or on a window. The one thing in it that reaches a window opening is awnings, and an awning needs the architectural control committee's approval before it goes up. No size, colour or material standard is written down, so what the committee will approve is a question for the association. One construction rule sits nearby and is worth knowing for a different reason: no window, outlet or door of any type may be installed in a basement or foundation wall, because the declaration is trying to keep bedrooms out of basements.

No awnings shall be permitted on a Homesite without Committee approval

Where these answers come from

The documentDeclaration of Covenants and Restrictions of The Villas of Clover Trails, Elkhart County instrument 2002-03427, with the association's Code of Bylaws and Articles of Incorporation
Recorded asElkhart County instrument 2002-03427, recorded January 24, 2002
Plat of the 12.20 acres recorded December 17, 2001 at Plat Book 27, page 48
How it was readOCR of the forty-nine scanned pages of the 2002 recording, which carries the declaration together with the association's Code of Bylaws and Articles of Incorporation, read end to end.
Checked againstSix separate scans of the same recording, attached to six different listings, were read and compared. They agree on every paragraph quoted on this page, and one of them carries a digital text layer that confirms the instrument number.
The associationThere is an association and membership is not optional. The Villas of Clover Trails Homeowners' Association, Inc. was created by the same 2002 declaration. An owner becomes a member the moment a deed to a homesite is recorded, each homesite carries one vote however many people own it, and no owner can become exempt from assessments by giving up use of the common areas or by abandoning the homesite. What the association maintains here is broader than usual, and it is the reason there is an assessment at all. The association owns the two private drives, Clover Creek Drive and White Pine Court, and is responsible for maintaining and repairing them in perpetuity, including snow plowing, cleaning, signage, paving and coating, and for carrying liability insurance on them. It is also responsible for basic lawn care and basic landscaping preservation on the lots, snow removal for the roadways and for lot driveways, and for the maintenance, repair and replacement of the common areas. All lawns and landscaping, once the plan has been approved, are maintained by the association rather than by the owner. The association may also sell extra, specialized services to individual lots for a separate fee set by the board. Assessments come in two kinds: regular assessments set through an annual budget, and special assessments for unusual or extraordinary costs the budget did not anticipate. Both are uniform and equal per lot. The bylaws name an initial estimate of two hundred fifty dollars per year per lot, which is a 2002 figure and is unlikely to be what is charged now, so ask the association for the current amount and what it covers. A special assessment that totals more than five hundred dollars needs the affirmative vote of two-thirds of the total ownership; below that figure the board may impose one without a meeting of the owners. The board is to notify each owner in writing of the estimate by January 15 and adopt the budget before February 15. No assessment is charged against a lot until it has a home on it that is occupied as a residence. An annual assessment not paid within fifteen days of its due date draws a thirty-five dollar late fee on top of interest. Enforcement runs through the architectural control committee for plans, and through the association, the declarant and any individual homesite owner for the covenants generally. The remedies the documents name are an injunction, a civil action for damages, and removal by due process of law of a home or other improvement that violates the covenants. If the association or the declarant hires a lawyer to enforce them, the owner in violation pays the costs, including reasonable attorney's fees and the expense of altering or removing the offending work, and that amount becomes a special assessment against the homesite. Unpaid assessments can be perfected as a lien recorded against the homesite with the Elkhart County Recorder and enforced like a mortgage, and a member who is delinquent may not vote on association matters while the delinquency lasts. One thing to ask about before you rely on this page. The bylaws let the board adopt reasonable rules and regulations by a two-thirds vote of the board, subject to an owner objection within thirty days, and provide that once such rules are recorded they may supplement or supersede the declaration. No such board rulebook is on file here, so ask the association whether one has been adopted and recorded, and ask for a copy.

Ask us about The Villas of Clover Trails

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