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Villas at Cobblestone Square

What the recorded documents actually say about Villas at Cobblestone Square in Granger — fences, sheds, pools, pets, parking and the rest — with the part of the document each answer comes from.

5 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 Protective Restrictions, Covenants, Limitations and Easements for Villas at Cobblestone Square, recorded with the St. Joseph County Recorder on June 3, 2019 as instrument 2019-12476, executed by the developer, Kline Custom Homes, Inc. It is a complete eight-page instrument with thirty-four numbered paragraphs, and it is the only recorded covenant document on file for this neighborhood.

It governs lots numbered 1 through 19 of the Plat of Villas at Cobblestone Square, recorded November 8, 2018 as document number 1829065. One of the surveys on file is labelled Section One, and the assessment paragraph refers to additions to the recorded plat, so if the development was later extended, a further section would have its own recorded documents that are not on file here. Confirm with the title company which instruments run with the specific lot you are buying.

This is a maintenance-provided community, and the split is worth understanding before you read the answers below. The association takes care of the lawn and landscaping of each homesite and plows snow over three inches including the driveway and walkway, and it also chooses the contractor who designs and installs the landscaping in the first place. The outside of the house is yours: siding, roof, windows, gutters, driveway, mailbox, paint and stain, and insurance on the home are all the owner's responsibility, and so is trash removal. There are two separate charges, an annual common area assessment and a monthly villa maintenance assessment, and the dollar caps written into the document were tied to the first years after 2018 and 2019 and have since run out. Treat the recorded figures as history and ask the association for today's amounts, for anything owing on the lot, and for whether a special assessment is running.

A second thing to understand is how much authority still sits with the developer. The developer approves plans, may hand that job to a three-person architectural committee it appoints while keeping the final say and the power to overrule the committee, and holds the exclusive right to decide whether and when control of the association passes to the homeowners. The developer also reserved the right, through late 2028, to amend the restrictions and to waive any part of them for a particular lot. Ask whether turnover has happened and whether any waiver was recorded against the lot.

Some things simply are not addressed. The document says nothing about solar panels, renting or leasing a home, short-term letting, basketball goals, clotheslines, flags, window treatments, or repairing a vehicle, and there is no paragraph about fires or burning of any kind, which is why there is no answer about grilling. Silence is not permission and it is not a rule; it means you should ask the association whether it has adopted a policy that was never recorded. Note too that a change to the outside appearance of the home needs written consent, which is a wide requirement that could reach something the list below does not name.

The copy on file is a scan of paper with no digital text, so individual words can be misread by the software that reads them. Two different scans of this same recording are on file, and both were used: every answer here was read off the clearer of the two by eye and then checked against the text recognition of the other. Each answer quotes the document's own wording so you can weigh it yourself. Confirm the complete set of recorded documents for your own address through the title company before you rely on any of this.

What you can build and change

Conditional

Fences

Every fence needs written approval from the developer or the architectural committee before it goes in, covering both the design and where it sits. A privacy fence around an immediate patio or an in-ground pool is permitted at up to six feet. Fencing has to be set back ten feet from adjacent lot lines. A perimeter fence around the whole lot is not allowed without a written variance. A separate paragraph adds that a privacy fence of not more than six feet has to conform to the architectural standard set by the style of the home. Note that fencing in the easement areas is maintained by the association, so a fence there is not yours to alter.

All fencing design and fencing location on the lot shall be approved in writing by the Developer or the architectural committee prior to installation. Privacy fence around an immediate patio or in-ground pool of not more than six (6) feet is permitted. Fencing set back of ten (10) feet from adjacent lot lines. Perimeter fencing is not allowed unless a variance from this fence requirement shall have been approved in writing by the Developer or the architectural committee.
✗ Not allowed

Sheds & outbuildings

This one is unusually direct. The detached structures paragraph ends by saying that no structures such as tool sheds, gardening sheds or playhouses are allowed in the Villas at Cobblestone Square. It names sheds by type rather than leaving it to be inferred. The same paragraph does allow some detached structures, giving a pool equipment house as its example, but only with prior written approval of the placement and the materials from the developer or the architectural committee, and the committee may require screening or privacy fencing around it. Anything detached has to be quality construction, kept neat, and blend with the established home.

Prior approval in writing for the construction of a detached structure including, but not limited to, a pool equipment house and its placement and materials must be obtained from the Developer or the architectural committee. The Developer or architectural committee shall have the authority to require a protective screening or privacy fences around these structures. All structures must be of a quality construction and must be maintained in an attractive and neat appearance and blend with the established home. No structures such as tool sheds, gardening sheds, or playhouses shall be allowed in the Villas at Cobblestone Square.
Conditional

RVs, boats & trailers

The clause names a place where these vehicles are fine, so the answer turns on the garage rather than on a flat ban. Recreational and commercial vehicles, with campers, trailers, trucks and boats named in the parenthetical, may not be kept in the subdivision on or off a lot unless they are kept fully within a garage. The homes here are required to have a full-size attached garage able to store at least three automobiles, which can be cut to two by the developer or the architectural committee if a three-car garage does not fit the lot, so how much room is left over varies by house. Fully within a garage is the condition the document sets, and it does not define a loading window or say anything about a vehicle visiting for a day.

No recreational or commercial vehicles (campers, trailers, trucks, or boats) may be kept in this subdivision, whether such open areas are on or off the lot of any lot owner, unless kept fully within garage.
Conditional

Swimming pools & hot tubs

In-ground pools are permitted, with conditions. A privacy fence has to be installed and blended with the established home, and the location of the pool along with the style and location of the fencing has to be approved in writing by the developer or the architectural committee first. Above-ground pools are prohibited. A pool equipment house is possible but counts as a detached structure, so its placement and materials need prior written approval too, and screening may be required around it.

Above-ground swimming pools are prohibited. In-ground swimming pools shall be permitted when a privacy fence is installed and blended with the established home. Location of all swimming pools and style and location of fencing to be approved in writing by Developer or Architectural Committee.
Conditional

Exterior changes & additions

Approval comes first, and it reaches further here than in most neighborhoods. No building may be erected, placed or altered until the construction plans are approved, and those plans have to show floor plan, quality of construction, materials, external design, location relative to lot lines, topography and finished grade elevations, submitted as two complete sets with one returned. Beyond new construction, an owner may not paint or make any other modification or change in exterior appearance without prior written consent. The developer holds this power and may assign it to a three-person architectural committee it appoints; committee members can be replaced by a vote of seventy-five percent of lot owners, but the developer keeps the final decision and may overrule the committee. The document sets no deadline for a decision, so ask how long a request takes.

No building shall be erected or placed or altered on any lot until the construction plans of the structure have been approved by the Villas at Cobblestone Square Developer. The plans must show floor plan, quality of construction, materials, external design, location with respect to lot lines, topography and finished grade elevations. Two (2) sets of complete prints must be submitted and one (1) set will be returned to the owner. The Developer's approval or disapproval shall be in writing.
Conditional

Satellite dishes & antennas

A dish and an old-style roof antenna land on opposite sides here. A direct broadcast satellite dish of not more than one meter across is permitted, as is a multi-channel multi-point distribution antenna of not more than one meter measured across or diagonally, and an antenna to receive television broadcast service. The conditions are real: it has to meet existing safety codes, it has to be placed where it is not visible from the street or other common property so far as that is feasible, the architectural control committee may require the owner to plant shrubbery or add other screening at the owner's own cost and to keep the color harmonious, and nothing may be installed until that committee has approved the placement in writing. Those screening requirements are qualified so that they may not unreasonably impair the installation, maintenance or use of the dish. Outside above-ground television, AM, FM and shortwave radio antennas of any type are a separate matter and are not permitted.

No outside above-ground television, A.M., F.M., or shortwave radio antennas of any type shall be erected or maintained on any lots or structures in this subdivision. Satellite dish antennas: a property owner may erect a direct broadcast satellite (DBS) dish that is not more than one meter in diameter, an antenna designed to receive multi-channel multi-point distribution service (MMDS) that is not more than one meter in diameter or diagonal measurement, or an antenna to receive television broadcast service (TVBS). No satellite dish or antenna shall be installed until the Architectural Control Committee has approved, in writing, the placement of the dish or antenna
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.

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Conditional

Landscaping, trees & gardens

Landscaping here is largely not the owner's to decide. All landscaping is to be designed and installed by a contractor the association chooses, unless the association approves otherwise in writing, and the association then maintains the lawn and landscaping of each homesite on its own schedule. That maintenance is limited to the lawn and the landscaping materials the approved contractor installed, and an owner with more than the recommended plantings may be charged additional fees to keep them up. Trees that become unsightly or die are removed by the lot owner at the owner's own expense. Separately, no screen planting over thirty-six inches high is permitted between the building setback line and the front lot line, and the side and front yard of each lot has to be seeded or sodded within one hundred twenty days of the house being finished or occupied, whichever comes first, weather permitting. On a corner lot, no hedge or shrub planting may block sight lines between two and six feet above the roadway within twenty-five feet of the intersection.

All landscaping to be designed and installed by contractor chosen by Association, unless otherwise approved in writing by Association. The Association shall maintain the landscaping and lawn of each Homesite on a scheduled basis as determined by the Association. Homeowners with an excess of the recommended plantings may be subject to additional fees to maintain said plantings. Said maintenance shall be limited to only the lawn and landscaping materials installed by approved contractor.
Conditional

Mailboxes

The document names mailboxes once, and what it does is assign the upkeep. The mailbox is listed among the parts of the exterior each owner has to replace and repair when damaged or in need of replacement, alongside siding, roofs, gutters and exterior lighting. It is the owner's cost, not an association service. The same paragraph then says an owner may not make any modification or change in exterior appearance without prior written consent, so swapping in a different style of mailbox is worth clearing first. No required design, material or height is specified anywhere in the document.

Each Owner shall replace and repair any portion of the Exterior of his Dwelling Unit which is damaged or in need of repair or replacement including but not limited to siding, shingles, roofs, masonry walls, plumbing fixtures, heating and cooling systems, driveways, sidewalks, windows, exterior lighting fixtures, mailboxes, gutters and downspouts including the cleaning out of same.

How you can live here

Conditional

Pets

Dogs, cats and other household pets may be kept. The conditions are that they are not kept, bred or maintained for any commercial purpose, that they are not permitted to become a neighborhood nuisance or hazard in any manner, and that no household pet is allowed to run at large off the owner's property. Animals, livestock and poultry are otherwise not to be raised, bred or kept on a lot. Unlike many covenants nearby, this one sets no cap on the number of dogs or cats.

No animals, livestock or poultry of any kind shall be 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. No household pet shall be allowed to run at large off property of owner.
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, five square feet. No sign of any kind may be shown to public view on a lot except a single sign of not more than five square feet advertising the property for sale or for rent, or a sign of any size used by a builder during the construction and sales period. The developer keeps a reserved right to put up signs of its own choosing to promote the development and to sell lots or homes, on its own lots and on the common areas, until every lot is sold. The land use paragraph adds that no sign or display may indicate from the exterior that the home is being used for anything other than a dwelling. Political, seasonal, security and contractor signs are not addressed either way.

No sign 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

What the document controls is recreational and commercial vehicles, not everyday parking. Those vehicles may not be kept in the subdivision, on or off a lot, unless kept fully within a garage, and the parenthetical list names campers, trailers, trucks and boats. Whether an ordinary personal pickup counts as a truck for that purpose is not defined anywhere in the document, and the paragraph is headed recreational and commercial vehicles, so a pickup owner should ask the association rather than assume. Every home has to have a full-size attached garage able to store at least three automobiles, reducible to two by the developer or architectural committee where a three-car garage will not fit the lot. Driveways are at least sixteen feet wide and four inch thick concrete, with a circular drive at least nine feet wide, and each driveway carries a post lamp on an electric eye that lights it from sundown to dawn. Nothing addresses where passenger cars may sit, street parking or guests. Snow plowing of the driveway and walkway is an association service once snowfall passes three inches.

All dwellings must have a full-size attached garage which is capable of storing at least three (3) automobiles unless in sole discretion of Developer or Architectural Committee, may be reduced to two (2) car if house can not be fit on lot with three (3) car garage.
Conditional

Running a business from home

A home occupation is permitted inside the single-family use requirement, but the definition is narrow. The work has to be within the residence dwelling and participated in solely by a member of the immediate family residing in that residence, so an employee or partner coming to the house falls outside it. No sign or display may indicate from the exterior that the building is being used in whole or in part for any purpose other than a dwelling, and the signs paragraph allows only a for sale or for rent sign and a builder sign. Customer traffic, deliveries and business vehicles are not addressed, though a commercial vehicle would run into the rule that keeps those inside a garage.

No lot or lots shall be used for any purpose other than as single-family residence except that a home occupation defined as within the residence dwelling and participated on solely by a member of the immediate family residing in said residence. No sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling is prohibited.
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

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Conditional

Trash & recycling containers

Trash has to be contained and out of sight. No lot may be used or maintained as a dumping ground for rubbish, and trash, garbage and other waste may not be kept except in sanitary containers. Any incinerator or other equipment for storing or disposing of that material has to be kept clean and sanitary and stored out of sight of other property owners. Trash removal is at each owner's individual expense, so it is not one of the services the monthly villa maintenance assessment covers. The document does not say where a container may sit on collection day.

No lot 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 clean and sanitary conditions and stored out of sight of other property owners. Trash removal shall be at each owner's individual expense.
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.

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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 documentProtective Restrictions, Covenants, Limitations and Easements for Villas at Cobblestone Square, recorded June 3, 2019 as instrument 2019-12476, executed May 31, 2019 by Kline Custom Homes, Inc.
Recorded asProtective Restrictions, Covenants, Limitations and Easements for Villas at Cobblestone Square, recorded June 3, 2019 as instrument 2019-12476, by Kline Custom Homes, Inc. - the instrument used here
Plat of Villas at Cobblestone Square, recorded November 8, 2018 as document number 1829065 - the plat these covenants attach to; the plat itself is not on file here
By-Laws of the Villas at Cobblestone Square Homeowners Association, Inc., which paragraph 23 requires the association to adopt - not recorded with this instrument and not on file here
How it was readTwo scans of this same recording are on file. Every answer was read page by page off the scanned page images of the clearer one, the recorder's own copy, and then checked word for word against the optical character recognition of the other. The rendered copy carries a diagonal county watermark that the reading software stumbles over several times a paragraph, so the wording quoted here was taken from the images.
The associationThe association is the Villas at Cobblestone Square Homeowners Association, Inc., an Indiana corporation created by the developer, Kline Custom Homes, Inc., on behalf of present and future lot owners. Every lot owner is a member and casts one vote per lot owned, including lots the developer still owns. The association meets at least once a year to organize itself and elect officers, adopts its own by-laws, and may levy and collect dues. One thing to know going in: the developer keeps the exclusive right to decide whether control is ever turned over to the homeowners and, if so, on what date. The covenants set no trigger for that handover and no deadline for it, which is different from most neighborhoods, where turnover happens automatically at a stated percentage of lots sold. Ask whether turnover has happened yet. There are TWO separate assessments here, and a buyer should price both. The first is an annual common area assessment. It is billed in January and due within thirty days, and it pays for street lighting, the upkeep and improvement of the park areas, the retention areas, the entranceway and signage, and any security services the association decides on. It is levied equally on every lot except lots the developer owns. The document caps it at two hundred fifty dollars a year per lot, but only for the first three years after the plat was recorded, and the plat was recorded in November 2018. That cap has therefore run out, so the recorded number is history rather than a current figure. The second is a monthly individual villa maintenance assessment, and it is the one that makes this a villa community in practice. It starts on the first of the month after the certificate of occupancy is issued on the home. The document caps it at two hundred fifty dollars a month per completed villa for the first year of operation, which it defines as 2019, rising to no more than three hundred fifty over the next two years of operation and only if that is needed to keep the neighborhood up to a professional, attractive standard. Those caps are tied to stated years that have now passed, so again, ask the association what it actually costs today. The developer or the association may collect this monthly charge directly, or may direct owners to pay the maintenance contractor. What that monthly assessment buys is spelled out. The association maintains the landscaping and lawn of each homesite on a schedule it sets, and the named work is mowing, weeding, edging, applying fertilizers and weed controls, pruning, leaf removal, spring turn-on and fall winterization of the irrigation system, and snow plowing when snowfall exceeds three inches, including clearing the driveway and the walkway. The association also maintains the lawn, landscaping, lighting, fencing and permanent signage in all of the easement areas, and the retention basin between lots 8 and 9 and the drainage area just east of lot 1. Two limits are worth noting: the maintenance covers only the lawn and the landscaping materials the approved contractor installed, and an owner who has added plantings beyond the recommended set may be charged extra to keep those up. Heavy or frequent snowfall may bring a special assessment or an increased one. What is NOT included matters just as much. The exterior of the house stays entirely with the owner. Each owner replaces and repairs the siding, shingles, roof, masonry walls, plumbing fixtures, heating and cooling systems, driveway, sidewalks, windows, exterior lighting, mailbox, gutters and downspouts, and is responsible for exterior painting and staining on a regular basis. Trees that die or become unsightly come out at the owner's expense. Trash removal is each owner's own expense. Each owner pays his or her own utilities, including separately metered water for individual lot irrigation. And the association does not carry insurance on a homesite, a dwelling or its contents; that is each owner's sole responsibility. So this is a lawn-and-snow association, not a roofs-and-siding one. On enforcement and money owed, unpaid dues and assessments become a lien on the lot in favor of the association, which may be enforced in the same manner as an Indiana mechanic's lien, and past-due amounts carry interest at eight percent a year starting thirty days after they fall due, plus attorney fees, payable without relief from valuation and appraisement laws. Failing to pay is itself a violation of the covenants. Separately, the right to enforce the covenants by injunction, including causing a structure to be removed by due process, is vested in every lot owner as well as in the developer, and the covenants may be enforced by civil action for damages and attorney fees. The developer also keeps a right of periodic inspection during construction. On how long this lasts and how it can change: the covenants run with the land and bind until January 31, 2029, then extend automatically for successive ten-year periods unless owners of at least seventy-five percent of the lots agree to change them. Separately, the developer reserved the exclusive right to amend any or all of the restrictions for ten years from the recording of the plat, which runs to late 2028, and that includes the right to waive any part of the restrictions for a particular lot. After that ten years, amendment takes a recorded instrument signed by owners of at least seventy-five percent of the lots. Because a single-lot waiver is possible, it is worth asking the title company whether anything has been recorded against the specific lot you are buying.

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