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Villas at Lake Blackthorn

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

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

Before you rely on this page

The subdivision is 114 homesites numbered 1 through 114, Sections I and II, platted by Cooreman Real Estate Group, Inc. in St. Joseph County. Three of the scanned documents in this input are the same instrument: hoa__villas-lake-blackthorn holds the 2006 amendment followed by the superseded 2005 declaration, and hoa__villas-lake-blackthorn__2 and __3 are duplicate scans of the 2006 amendment alone. Head-agent note: the name Westwood Knolls at Blackthorn appears twice inside these Villas documents and once as a stray page footer in the superseded 2005 declaration - Westwood Knolls is a separate neighboring subdivision by the same developer whose residents share the lake access easement on lots 84 and 85 and the pedestrian walkway easement. That footer is a template artifact, not a sign that this is Westwood Knolls' covenant: every title block, the definitions section and the signature pages name The Villas at Lake Blackthorn.

What you can build and change

Conditional

Fences

A fence needs the Design Review Committee's written approval before anything is installed, and the approval covers placement, style, color, material and height. Fences may not go in easement areas unless the committee approves that in writing, and the committee reserved the sole right to prohibit fencing entirely on certain lots, with underground electric pet containment systems carved out as the exception. The design review form attached to the declaration adds that approved fencing is to be poly vinyl, powder coated or similar material with written committee approval, and that fencing may not substantially block a neighboring lot's view of the lake. Two other limits catch fences: on corner lots nothing between two and six feet above the roadway may sit in the sight triangle twenty-five feet back from the intersection, and the drainage swale inside the rear setback of several numbered lots may not be obstructed with trees, landscaping or fences.

The placement, style, color, material and height of all fencing shall be submitted to the Committee for written approval, prior to any installation. No fencing to be installed in easement areas unless approved in writing by the Committee.
✗ Not allowed

Sheds & outbuildings

Detached storage buildings are out. The declaration bans their construction and their placement outright, and a separate paragraph bans structures of a temporary character - the list names trailer, basement, tent, shack, garage, barn, tool shed, storage shed or other outbuilding of any nature - at any time, temporarily or permanently, with the only exception being a construction trailer while the house is being built. The developer's design review checklist attached to the declaration does carry a yard barn line, so if a shed matters to you, get the committee's or the association's position in writing before you rely on either one.

Detached Building. The construction and/or placement of detached storage buildings will not be permitted.
✗ Not allowed

RVs, boats & trailers

Campers, trailers, trucks, dune buggies and boats may not be kept in open areas anywhere in the subdivision, and the covenant reaches open areas off your lot as well as on it - there is no driveway or side-yard exception written into it. The same paragraph bars using any of them as a temporary residence. Motor homes, mobile homes, modular homes, house trailers, school buses and semi tractors and trailers are separately prohibited, and occupying a motor home as a residence is not permitted. On the water side, permanent storage of any boat or recreational equipment on the shoreline is prohibited, and only non-motorized craft are allowed on the lake at all - sailboats under ten feet, windsurf boards, canoes, rowboats, paddle boats and kayaks, owned by a resident and registered with the association.

No recreational or commercial vehicles, including but not limited to, ‘campers, trailers, trucks, dune buggies, or boats may be used as a temporary residence or kept in open areas in this Property, whether such open areas are on or off the lot of any lot owner.
Conditional

Swimming pools & hot tubs

Only a permanently installed, fully in-ground pool is allowed here. Above-ground, on-ground and partially in-ground pools are all banned, and the declaration spells out that the intent is to prevent temporary pools that sit on top of or partly into the ground, no matter what deck is planned around them. A permitted in-ground pool still needs the Design Review Committee's written approval of size, placement, materials, and the fencing or pool cover, before installation. The committee decides what kind of barrier the pool gets and may require additional screening of the pool area, and any cover or fence has to meet local and state barrier codes. The design review form adds that pool equipment is to be screened from surrounding areas. Tennis courts are prohibited unless the committee approves them in writing.

No above ground, partially in-ground (Partially in-ground pool is defined as any pool whose sides rest in “partial contact” with the earth), or on-ground pools shall be permitted. Only permanently installed, fully in-ground (Fully in-ground pool is defined as any pool whose entire surface of the sides rest in contact with the earth) pools shall be permitted.
Conditional

Exterior changes & additions

Changes to the outside of the house go through the Design Review Committee in writing, first. Nothing may be erected, constructed, placed, maintained or altered on a lot - and the natural topography and drainage may not be altered either - until the committee approves the plans, and the plans have to show floor plan, any porch or deck design, quality of construction, materials, outside colors, how the design sits with existing structures, and location relative to lot lines, topography and finish grade. The same gate applies after you move in: an owner may not paint, decorate or change the appearance of any part of the exterior in a way that varies from the approved plans without the committee's prior written approval, and repainting or restaining has to use a color and quality the association approves in advance, at least every five years or as needed. Exterior materials are fixed by an approved list attached to the declaration covering siding, brick and stone, windows, trim, shutters, roofing, chimneys, garage doors, porches, driveways and exterior lighting. If the association notifies an owner that exterior maintenance is needed and it is not done within ninety days, the association may do the work and charge it back as an additional common expense. Yard decorations, ornaments and yard furniture require written pre-approval; temporary seasonal and holiday decorations and lights are permitted on the exterior, but the association reserves the right to require changes to or removal of any display it considers unsightly, offensive or obnoxious.

An Owner may not paint, decorate or make any change in the appearance or any other portion of the exterior of any Dwelling Unit, which would vary it from the plans, which were approved by the Committee for that Dwelling Unit without the prior written approval of the Committee.
Conditional

Satellite dishes & antennas

One satellite dish per homesite, no larger than one meter in diameter, and it cannot go in the front or side yard. It has to be placed, to the extent feasible, where it is not visible from the street or other common property, the committee has to approve placement and size before it goes up, and the committee may require screening around it. Outside above-ground television, AM, FM and short wave radio antennas of any type are prohibited on lots and structures.

No outside above-ground television, A.M., F.M., or short wave radio antennas of any type, shall be erected or maintained on any lots or structures in this Property. Each lot owner may, however, have on his homesite no more than one (1) satellite dish not more than one meter in diameter for electronic signal reception.
Conditional

Solar panels

Solar panels are addressed directly and they are an approval item, not a ban: the Design Review Committee has to approve both the installation and the location in writing before construction. The declaration sets no size, placement or roof-face limit of its own, so what the committee will accept is not written down here - get its position in writing before ordering equipment.

The Committee prior to construction must approve installation and location of any proposed solar panels in writing
Conditional

Landscaping, trees & gardens

Landscaping here is committee-controlled and largely association-maintained. All landscaping and plantings are to be installed by a committee-approved contractor, and an owner may plant or maintain flowers, trees, shrubs or other plant material only in accordance with the landscaping plan the committee approved. Yards - side, front and rear - must be planted in grass seed, sod or ground cover and landscaped within 120 days, weather permitting, of the house being completed or occupied, whichever comes first. Lake and pond frontage lots have to run commercial grade edging and small landscape stone of committee-approved material along the water's edge, over a porous weed barrier. Screen planting over thirty-six inches high between the building setback line and the front lot line needs written pre-approval, none over thirty-six inches is allowed within thirty feet of a lake or pond shoreline, and no screen planting or tree that blocks other waterfront owners' view of the water is permitted anywhere on a shoreline area or back yard - the association may trim offending trees at the owner's expense if the owner does not. Trees over sixteen inches in diameter may not be removed unless actually necessary for construction, and a tree fifteen feet or taller that dies or is badly damaged has to be removed by the owner at the owner's expense. Homeowners who put in more than the recommended plantings may be charged more to maintain them.

All landscaping and plantings to be installed by Committee approved contractor. Owners may plant, install or maintain any flowers, trees, shrubbery or other plant materials on a Homesite only in accordance with the landscaping plan approved by the Committee
Conditional

Mailboxes

Mailboxes are a standardized item here rather than an owner's choice. The design review form attached to the declaration has the owner certify the mailbox style and color meets the approved size and design standards, and lists the choices as masonry in the same brick or stone as the home, a villa style box, or a Step 2 style box in a stated color. Locations are set by the postal authority and by a map of mandatory mailbox locations attached to that form, the box sits 42 to 48 inches from the street to the bottom of the box, and it goes 10 feet before or 20 feet after a driveway. The declaration adds that the front of the mailbox should be two feet from the edge of the pavement, or even with the edge of a stone or paved shoulder but no closer than two feet to the pavement, and that a brick mailbox goes one foot behind the concrete curb or as the city's right-of-way standard requires, whichever is more restrictive. The city maintains the roadway in that strip and is not responsible for damage to mailboxes in it, and association snow removal does not include clearing around mailboxes.

Mailboxes should be placed so that the front of the mailbox is two (2) feet from the edge of the pavement.

How you can live here

Conditional

Pets

Dogs, cats and other household pets are allowed. The conditions are that they are not kept, bred or maintained for any commercial purpose and are not permitted to become a neighborhood nuisance or hazard in any manner, and that no dog is permitted to run at large. Raising, breeding or keeping animals, livestock or poultry of any kind beyond household pets is prohibited. No number limit is written into the document, and the only fencing option the committee expressly preserved on lots where it may prohibit fencing is an underground electric pet containment system. Any form of animal care or treatment run as a business - dog trimming is the example given - is excluded from the home occupation allowance.

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 dog may be permitted to run at large.
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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Conditional

Basketball hoops

A basketball post with a mounted backboard is not automatically yours to install - it needs the Design Review Committee's written approval, and so does a basketball court or tennis court. The design review form asks whether any basketball hoops are being proposed and requires a description and a picture with the submission. The declaration sets no rule about portable hoops specifically, and no height, color or placement standard is written down, so the committee's written answer is the whole test.

No tennis courts or basketball courts or basketball posts with mounted backboards shall be permitted unless approved in writing by the Committee.
Conditional

Yard signs

One sign, and it has to be the right kind. No sign of any kind may be displayed to public view on a lot or home - the covenant expressly includes political signs and signs advertising viewpoints or support for candidates, and items for sale - except a single sign of not more than five square feet advertising the home for sale or rent. Signs or notices may be displayed inside the windows of the dwelling. A vacant lot may not carry a sign advertising the lot or its asking price for resale, except signs of approved builders or the developer, unless the committee approves it in writing. The developer reserved the exclusive right to place its own signs, benches, information boxes and advertising fixtures in the landscape and signage easements and entrance islands while it is still selling.

No sign of any kind including but not limited to signs of a political nature or otherwise advertising viewpoints, support or non-support of political candidates, or items for sale shall be displayed to the public view on any lot or home except one sign of not more than five (5) square feet advertising the home for sale or rent.
Conditional

Street parking

Street parking is out except temporarily for guests, and driveway parking is capped: the number of cars parked in the driveway may not exceed the number of garage doors on the house, again with a carve-out for guests parking temporarily. So a two-car garage means two cars in the driveway. Houses are limited to a private garage for not more than three cars. Recreational and commercial vehicles - campers, trailers, trucks, dune buggies, boats - may not be kept in open areas on or off the lot. No lot may be used for the storage of old lumber, cars, materials or debris. This driveway cap is one of the things the 2006 restatement added; the earlier 2005 version of the covenants did not contain it.

Maximum number of parked cars in the driveway cannot exceed the maximum number of garage doors of dwelling except for temporary parking of vehicles of guest of owners of lots. No vehicles of any type shall be parked on the street of the Property except for the temporary parking of vehicles of guests of owners of lots.
Conditional

Running a business from home

A home occupation is permitted, inside a narrow definition. The use has to be conducted entirely within the residence, carried on solely by a member of the immediate family living there, and be clearly incidental and secondary to the home's use as a home. Four conditions come with it: no sign or display indicating from the outside that the building is used for anything but a dwelling; no commodity sold on the premises; no employee other than a family member living there; and no mechanical or electrical equipment used. The covenant then names trades that can never qualify - a barber shop, styling salon, beauty parlor, tea room, fortune-telling parlor, animal hospital, or any form of animal care or treatment such as dog trimming. Otherwise lots are for single-family residential use only.

No lot or lots 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 residence dwelling and participated in solely by a of the immediate family residing in said residence, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes
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.

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Conditional

Trash & recycling containers

Trash, garbage and other waste has to be kept in sanitary containers, and no lot may be used or maintained as a dumping ground for rubbish or brush. Incinerators and any other equipment for storing or disposing of waste must be kept clean and sanitary. No lot may be used to store old lumber, cars, materials or debris, and grass clippings are named as debris. Firewood may be stored on a lot but has to be stacked in an orderly, sightly manner. Nothing may be dumped or burned on a shoreline area or into a lake or pond - leaves, grass clippings, trash or other rubbish - and no fire may burn on any street or roadway in the subdivision. The covenant sets no rule about when cans go to the curb or how long they can stay there; the board has authority to adopt rules like that separately.

Trash, garbage, or other waste shall not be kept except in sanitary containers.
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 allowed

Clotheslines

Hanging laundry outdoors is prohibited anywhere on a lot. The sentence sits in the nuisance paragraph and is flat - it names no exception for a retractable line, a drying rack or a screened area.

No laundry shall hang outside on any lot in the Property.
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 →
✓ Allowed

Window coverings & decorations

Signs and notices may be displayed inside the windows of the dwelling. That is written as an exception to an otherwise strict ban on signs visible from outside - a for-sale or for-rent sign of up to five square feet is the only other one allowed on the lot - and the document attaches no size, subject-matter or approval condition to what goes inside the glass. Separately, temporary seasonal and holiday decorations and lights are permitted on the exterior of the home, but the association reserves the right to require modification or removal of a display it considers unsightly, offensive or obnoxious, and yard decorations, ornaments and yard furniture need written pre-approval.

Signs or notices may be displayed inside the windows of the dwelling.

Where these answers come from

The documentFirst Amendment to Protective Restrictions, Covenants, Limitations and Easements for The Villas at Lake Blackthorn (restated Declaration of Covenants and Restrictions), St. Joseph County instrument 0627293, recorded June 27, 2006
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. That can misread individual words, which is why nothing on this page is presented as a direct quote.
The associationYes. The Villas at Lake Blackthorn Homeowners Association, Inc. is a not-for-profit corporation created by the covenants, and membership is automatic: you become a member when the deed to your homesite is delivered and recorded, and membership ends when you stop owning. There is one class of members and one vote per homesite, no matter how many people are on the deed. This is a full-service, maintenance-provided association, which is the main thing to understand about it. The association maintains the common areas, the entry walls and landscaped boulevard islands, the gazebo, the retention easements and the lake and ponds - including aeration or chemical treatment to retard stagnation, weed and algae control, holding the water level, and stocking fish to the extent the association decides. It also maintains the lawn and landscaping of each homesite enrolled in the maintenance program - mowing, weeding, edging, fertilizer and weed control, pruning, leaf removal and mulching of beds - and it may run the irrigation system on each homesite and set the watering interval, with the owner paying for the water and for any repairs to the irrigation equipment on their own lot. On the house itself the association's work is limited to cleaning leaves and debris out of eaves troughs, gutters and window wells. It does not touch the furnace, the air conditioning, the windows, cracked concrete or asphalt, or exterior paint. Snow removal is covered once accumulation reaches two inches, from the driveway, the front walk connecting the driveway to the front door, and the front porch - not patios, not city sidewalks, and not around mailboxes. Heavy snowfall can trigger a special assessment. Dues, as written in the 2006 restated declaration: $135.00 per month per lot for lots without lake or pond frontage and $145.00 per month for lake or pond frontage lots. The document calls this the Maximum Monthly Assessment and builds in an escalator - after it is fixed for a month it may be increased by the greater of three percent or the increase in the Consumer Price Index for All Urban Consumers, comparing January to the prior January. There is also a one-time Reserve Fund Assessment of $135.00 paid at closing on the lot. Before individual lot maintenance starts on a new home, the owner pays only the common area portion, $30.00 per month for non-lake lots or $40.00 per month for lake and pond lots, and moves to the full amount once lawn or landscape service or snow removal begins. Those figures are from 2006 and the escalator has had years to run, so treat them as the floor the covenant set, not as today's number - ask the association or the seller for the current dues and for any special assessment in effect. Owners of non-waterfront lots may opt out of the individual lot maintenance plan and do their own lawn care and snow removal, in which case they pay only the common area assessment plus the one-time reserve fund assessment. The opt-out has strings: it must be in writing to the association, participation runs on a twelve-month minimum once you are in it, an owner who opts out and then hires the work out is limited to the association's approved contractor, and if the lot is not kept to the association's standard the association may convert it back to a mandatory maintenance lot with the fees that go with it. Waterfront lots do not get this choice. Assessments are billed monthly in advance and become a lien on the lot as of January 1 each year. Unpaid amounts carry interest at the maximum rate Indiana allows on consumer loans, the board may declare the whole year's balance due at once, and the lien covers the dues, interest, collection costs and attorney fees. That lien is subordinate to a first mortgage. A member who is delinquent may not vote on association matters while the delinquency lasts. The board may also levy a special assessment of equal amount on every lot by resolution, without a meeting or a vote of the owners. Enforcement runs three ways. The association, the developer, and any individual lot owner may all enforce the covenants - by injunction, by a civil action for damages, by any other remedy at law or in equity, and including the right to have a violating structure removed by due process of law. If the association or the developer hires a lawyer to enforce, the owner who violated pays the costs and reasonable attorney fees, and that bill becomes a special assessment against their homesite, collectible like any other assessment. After the turnover date the association is the party obligated to enforce and the document says it may face legal action if it fails to. A violation that is also a city code violation can be reported to the governing authorities. There is no fine schedule in the documents and no forfeiture of title. Approvals go to a Design Review Committee, not to the board. It is three people appointed by the developer, Cooreman Real Estate Group, Inc., and the developer kept the exclusive right to appoint them even after turnover, until it assigns that right in writing to the board - though it reserved the option to delegate review of fencing, decks, swimming pools and additions to the association after turnover. Its decisions are in writing, are final, and are entirely within its discretion. If the developer, its successors and the committee all cease to exist, eighty percent of the record title owners act as the committee. Two timing points a buyer should check rather than assume. First, control: no member other than the developer could vote until the earliest of a recorded turnover of control, the developer no longer owning any homesites, or twenty years after the final plat was recorded - and the plat sections were recorded in 2003, so that outside date has passed. Nothing in these scans states whether or when turnover was actually recorded. Second, changes: the developer held the exclusive right to amend for twenty years from the plat recording, and after that a recorded amendment signed by owners of at least seventy-five percent of the lots can change these rules. The newest instrument in this file is from 2006, so anything recorded since would not show here. Ask the association and the title company for the current bylaws, rules and any later amendments.

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