What the recorded documents actually say about Timberstone D.P.U.D. in Elkhart — fences, sheds, pools, pets, parking and the rest — with the part of the document each answer comes from.
13 homes have sold here in the last four years, which is why this neighborhood was compiled early.
Before you rely on this page
Covers Timberstone First, Second, Third and Fourth D.P.U.D. together - the 2016 Declaration is written over all four plats and replaces the three earlier recorded covenants. The corpus holds three documents: two OCR passes of the same 2018 Bylaws and one copy of the 2016 Declaration. A fourth OCR set in data/ocr_text/ (hoa__timberstone-dpud__4) is byte-identical to the Declaration set and was not in the input. Homes here are a mix of single-family and single-family-attached villas - the Declaration lets attached dwellings be built on the property line - so the party-wall and attached-home clauses apply to part of the neighborhood only.
Fencing is allowed but hemmed in by four limits at once. In front of the rear building line of the house, the only fence permitted is a decorative one no taller than two feet six inches. Rear-yard fencing may go up to six feet. Chain link and wire fences are forbidden anywhere. And before any fence goes up it needs written consent from the adjoining property owners and from the Architectural Control Committee, which the Declaration calls the A.C.C.; where no homes have been built yet on the adjoining lots, the A.C.C. decides on its own. On lots backing a pond there is a further layer: rear-yard fencing that could block a neighbor's view has to be approved in writing by all contiguous property owners and the A.C.C.
A storage or garden shed, or any other accessory building, needs prior written consent from the A.C.C. and from all contiguous residential property owners before it is placed, and the document says those consents are not to be unreasonably withheld. Where no homes are built on the adjoining lots, the A.C.C. has the final say. Anything approved has to be of high quality, built in a workmanlike manner, and kept up that way. Two hard limits sit on top of the approval: no outbuildings of any kind are allowed on lots bordering the ponds, and a detached outbuilding or garage cannot be built before the house itself is up. The 2016 Declaration also grandfathers improvements that were permitted or approved under the earlier covenants it replaced.
Boats, boat trailers, travel trailers, tractor trailers, pickup campers, motorized dwellings, tent trailers and the carriers used to haul them cannot be parked or stored on a lot unless they are inside an enclosed building. The one opening is loading and unloading: the equipment may sit on the driveway for up to 48 hours. None of it may be used for living, sleeping or housekeeping while parked anywhere in the subdivision. Cargo trailers are separately barred from any lot except for temporary construction work on homes, landscaping or infrastructure in the community.
Above-ground pools are flatly forbidden on every lot. An in-ground or enclosed pool is possible, but only with prior written consent from the A.C.C. and from all contiguous residential property owners, and the document says those consents are not to be unreasonably withheld; where no homes are built on the adjoining lots the A.C.C. has the final say. On lots bordering the ponds, in-ground pools are not allowed at all. The ponds and common areas themselves are landscaping, not amenities: the Declaration says they are not for recreational use such as swimming, fishing or boating.
The Architectural Control Committee is the gate. Plans and grade levels have to be approved by the Timberstone Architectural Control Committee before any excavation work, and the A.C.C. reserves the right to require exterior details such as roof pitches, porches and trim details to keep new work consistent with the style and value of homes in the subdivision. For a house that is already built, the clause that bites most often is color: any change to the originally approved exterior colors must harmonize with existing colors in the subdivision and must have A.C.C. approval. The 2016 Declaration identifies the A.C.C. as the developer's principal, Timothy A. Miller of Fireside Homes, Inc., and his duly appointed agents. The Bylaws let the Board create committees, and the Board cannot waive or abandon the scheme governing architectural design or exterior appearance without written approval from 67 percent of the owners entitled to vote. Ask the association who sits on the A.C.C. today before planning any exterior work.
Satellite dishes are limited to 20 inches or smaller, and even then they have to be capable of being visually concealed from the street, with the acceptable concealment set by the A.C.C. Larger television or communication dishes are not permitted on a lot. Separately, there is to be no exterior antenna mounted to a residence except for previously approved satellite dishes, and no wood utility poles may be erected on a lot for any purpose, including antenna poles. Federal rules on over-the-air reception devices can override parts of a covenant like this one, so a homeowner running into it should ask the association and check the current federal rule rather than treat the covenant as the last word.
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 →A finished yard is required: each property owner must have a landscaped and seeded or sodded yard within four months after the residence is completed, with seasonal extensions granted for inclement weather. Every lot has to be mowed, trimmed and free of debris at all times, vacant or not, and all improved lots must have a sprinkling system. Owners on pond lots have to maintain their stone shoreline, keeping it free of weeds and adding stone to prevent bare spots. Any rear-yard improvement on a pond lot that could restrict a neighbor's view, including fencing, landscaping or lawn ornaments, must be approved in writing by all contiguous property owners and the A.C.C. Each owner also maintains the drainage system on their own lot, and nothing may be graded, planted, sodded or surfaced between the front lot line and the street in a way that impedes storm drainage; an owner who alters it is personally liable for the resulting damage.
Mailboxes are standardized. Each home built has to have a mailbox of the same design and type as the one the developer specified, so a replacement should match that spec rather than be chosen freely. The document does not describe the design itself, so ask the association for the current specification before buying one.
Household pets are allowed with conditions. They have to stay confined to the owner's property or be on a leash when off it, and the document calls letting pets off the premises unleashed strictly forbidden. No more than three pets of the same kind may be housed on a lot. Owners have to follow the City of Elkhart's animal ordinances and pick up after their animal on property that is not their own. Boarding animals is forbidden, as is keeping farm or exotic animals or poultry anywhere in the subdivision.
This is one of the strictest clauses in the file, and it matters to any buyer thinking about renting the home out. Renting within Timberstone is described as strictly forbidden, with one exception: a home that is listed for sale. Any rental contract is capped at six months and requires board approval. The owner stays responsible for upkeep, maintenance and association dues throughout. Read together, the document leaves no route to a standard year-long tenancy. Anyone counting on rental income here should get the association's current written position before writing an offer.
Basketball hoops and backboards cannot be attached to a house or mounted on a pole on any lot in Timberstone. A separate clause bars erecting wood utility poles on a lot for any purpose, basketball goal posts included. The document does not address portable hoops one way or the other, so ask the association before buying one.
Signs visible to the public are limited to three kinds: a professional sign of no more than one square foot, one sign of no more than five square feet advertising the property for sale or rent, and builder or developer signs during construction and the initial sale period. That five-square-foot cap is the one a seller meets, and it is smaller than the yard sign used on many listings. Political, contractor and other signs are not carved out. Indiana law protects some sign displays regardless of what a covenant says, so check with the association if a particular sign matters.
Day-to-day parking of licensed, operable cars is not restricted by the document. What is restricted is everything else: no vehicle or vehicle part, operative or not, may be parked or stored on a lot without current license plates unless it is inside a completely enclosed building, and no cargo trailer may be parked on a lot except for temporary construction work on homes, landscaping or infrastructure in the community. Recreational and transportation equipment falls under the separate boats-and-RVs rule, which keeps it inside an enclosed building except for a 48-hour loading window on the driveway. Every home was required to be built with an attached garage for at least two cars.
The Declaration bars manufacturing and commercial enterprise on the property, carving out only model homes and homes used as temporary subdivision sales offices, which was the developer's own exception. It also bars commercial activity of any kind involving animals, and any obnoxious or offensive activity on a lot. The document does not separately address a quiet home office with no customers, signage or deliveries, so it does not say where the line sits in practice. Anyone planning to run a business from the home should put the specific plan to the association in writing first.
The documents never use the words short-term rental, vacation rental or Airbnb, so this answer comes from the general rental clause, which is broad: renting in Timberstone is strictly forbidden except for a home listed for sale, and any rental contract is capped at six months and needs board approval. A nightly or weekly rental is a rental under that language. Confirm the association's current reading before counting on any short-stay income.
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 →Trash, garbage and other waste have to be kept in sanitary containers, and the storage or disposal equipment kept clean. The document reads waste broadly, naming discarded furniture, appliances, building materials, tools, toys and automotive parts not in use, and it requires those items to be stored inside the house: exterior storage of them is specifically forbidden. Burning household trash, garbage or construction materials is prohibited indoors and out, incinerator or not. Accumulations of lumber, scrap metal, old automobiles or junk are separately barred. The document does not say where bins may sit on collection day.
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 →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 →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 →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 →Tell us the question and we will get you the answer from the recorded documents.