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Walerko's Whispering Acres

What the recorded documents actually say about Walerko's Whispering Acres in Elkhart — fences, sheds, pools, pets, parking and the rest — with the part of the document each answer comes from.

8 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 recorded Protective Covenants for Walerko's Whispering Acres, signed in June 1977 and filed with the Elkhart County Recorder on June 28, 1977 as instrument No. 632735, in Miscellaneous Record 117 at pages 317 and 318. That instrument covers every lot in Walerko's Whispering Acres except Lot 23, and every lot in Walerko's Whispering Acres Second without exception. The original plat is recorded in Plat Book 12 at page 2 and the Second plat in Plat Book 13 at page 38.

A later Amendment to Protective Covenants, signed September 17, 1986 and recorded September 19, 1986 as instrument No. 791729 in Volume 181 at pages 371 to 373, reaches only part of the neighborhood: Lot A, Lot 30, and Lots 35 through 51 of the Second plat. It raises the minimum house size on those lots, allows a modular home there if an architectural control committee approves the design and location in writing first, excludes mobile homes from that allowance, and gives the original developers a time limited right to buy a lot back if no home is started within three years of the sale. None of those changes touch the subjects answered below.

This is a short, old record, and it is genuinely short rather than incomplete. The recorded covenants are ten numbered paragraphs across two pages, and most of the subjects buyers ask about are simply not in them. Where an answer below says the documents do not address something, that reflects the document being silent and not a gap in the copy on file: every page was read in full from the complete scan rather than from a shortened extract, and each paragraph was also read by eye off the images of the scan to make sure nothing had been lost in the machine reading.

One note on the wording quoted below. The scan of the recorded 1977 original is a poor one, and its paragraph about pets came through the machine reading with its lines out of order, so no usable quote could be taken from it. The file also holds a clean typed copy of the same ten covenants, headed for the Second plat, and the pets wording quoted below is taken from that copy after checking it against the recorded original on the images; the two say the same thing. Every other quote below comes from the recorded original itself, which is why several of them carry obvious misreadings of individual letters. Treat that typed copy with some care in general: it differs from the recorded instruments in two places, both about minimum house size and setbacks rather than about the topics below. For anything you plan to rely on, get a current copy of the recorded covenants from the Elkhart County Recorder or from your title company.

Finally, there is no homeowners association here, no common ground, and no dues named in these documents. Enforcement is left to a court action by anyone who wants to bring one.

What you can build and change

Not stated

Fences

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✗ Not allowed

Sheds & outbuildings

The only buildings these covenants allow on a lot are one detached single family dwelling of no more than two and one half stories and a private garage for no more than two cars. A shed, a pole barn or any other separate accessory building is not among them, and the documents create no approval process that could let one in. A second paragraph separately bars using a shack, barn or other outbuilding as a residence, temporarily or permanently. The documents never use the word shed, so how far that building limit would be pushed against a small storage building is not spelled out, and with no association here there is nobody to ask for a ruling. Any building that does go up also has to sit at least 35 feet back from the front lot line and at least 10 feet from an interior lot line.

No building shall be erected, altered, placed or permitted to remain on any lot except one detached single-family dwelling not more than two and one-half stories in height and a private garage for not more than two cars.
Conditional

RVs, boats & trailers

These covenants do not address parking or storing a camper, boat, travel trailer or motor home on a lot. There is no screening rule, no time limit, no garage requirement, and no outright ban on keeping one. The single place a trailer is mentioned is a paragraph saying that a trailer, or any structure of a temporary character, may not be used on a lot at any time as a residence, either temporarily or permanently. So living in one here is ruled out, while simply keeping one is left unaddressed. The documents do not say a camper may be parked in the open either, so county and zoning rules, and anything written into your own deed, would be the place to check.

No ntructure of a temporary character, trailer, banement, tent, phack, garage, barn, or other outbuilding uhall be used on any lot at any timo an a residence either temporarily or permanently.
Not stated

Swimming pools & hot tubs

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Conditional

Exterior changes & additions

There is no architectural review for ordinary exterior work here and no committee to submit plans to. What the covenants constrain is what a building may become: no building may be erected, altered, placed or left standing on a lot other than one detached single family dwelling of no more than two and one half stories, plus a private garage for no more than two cars. An addition also has to respect the setbacks, at least 35 feet from the front lot line and at least 10 feet from an interior lot line, and the dwelling has to meet the minimum floor area the covenants set, which is 1,200 square feet for a one story home under the 1977 original, and 1,300 square feet for a one story home or 1,800 square feet in total for a taller one on the lots the 1986 amendment reaches. The only written approval requirement anywhere in the file is narrow: on Lot A, Lot 30 and Lots 35 through 51 of the Second plat, the design and location of a modular home must be approved in writing by an architectural control committee first, and mobile homes are excluded from that allowance altogether. Siding, roofing, colors, windows and similar choices are not addressed.

No building shall be erected, altered, placed or permitted to remain on any lot except one detached single-family dwelling not more than two and one-half stories in height and a private garage for not more than two cars.
Not stated

Satellite dishes & antennas

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Not stated

Solar panels

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Not stated

Landscaping, trees & gardens

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Not stated

Mailboxes

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How you can live here

Conditional

Pets

Dogs, cats and other household pets may be kept. Animals, livestock and poultry of any kind are otherwise not to be raised, bred or kept on a lot. The one condition placed on household pets is that they may not be kept, bred or maintained for any commercial purpose. The covenants set no limit on how many pets a household may have, name no breeds, and say nothing about leashes, fencing, noise or cleaning up, so none of that is addressed here. Elkhart County and city animal ordinances would still apply.

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.
Not stated

Renting your home

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Not stated

Basketball hoops

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Not stated

Yard signs

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Not stated

Street parking

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✗ Not allowed

Running a business from home

The covenants open by limiting each lot to residential purposes and nothing else, and they allow only one detached single family dwelling and a two car private garage to stand on it. There is no home occupation paragraph, no carve out for a home office, and no definition of what counts as residential use, so the documents do not tell you where the line sits. They also say nothing about business signage, customer traffic or employees, because this record has no sign paragraph at all. A quiet home office with nothing visible from the street is a different practical question from a business that brings customers or trucks to the lot, and these documents do not separate the two. One related restriction: household pets may not be kept, bred or maintained for any commercial purpose.

No Lot shall be used except for residential purposes.
Not stated

Short-term rentals (Airbnb)

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Not stated

Vehicle repair in the driveway

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Conditional

Trash & recycling containers

Rubbish, trash, garbage and other waste have to be kept in sanitary containers, and no lot, or any part of one, may be used as a dumping area for them. Any equipment used to store or dispose of waste has to be kept in a clean and sanitary condition. Outdoor incinerators are not permitted on a lot. The documents set no collection day, require no screening or enclosure for containers, and say nothing about where cans may sit between pickups, and there is no association here to set a rule on any of that.

No Jot nor any portion of any Jot shall be used as 4 dumping arca for rubbish, trash, garbage, or other waste materials. <All rubbish, trash, garbage, and other waste matzials shall be kept only in sanitary containers. All equipment used for the storage or disposal of such materia] shall] be kept in a clean and sanitary condition, No outside incinerator shall per- mitted on any lot.
Conditional

Grilling & outdoor cooking

The covenants never mention grills, grilling or cooking outdoors, either way. There is no fires paragraph in this record at all and no ban on open burning as such. The only burning related rule sits inside the trash paragraph and says no outdoor incinerator is permitted on a lot, an incinerator being a device for burning waste rather than anything to do with cooking. On the face of that wording a charcoal or gas grill is not what it is aimed at, but the documents do not say so either way, and local fire and open burning ordinances would apply regardless.

All equipment used for the storage or disposal of such materia] shall] be kept in a clean and sanitary condition, No outside incinerator shall per- mitted on any lot.
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 Covenants for Walerko's Whispering Acres and Walerko's Whispering Acres Second, June 1977, recorded as instrument No. 632735, as amended in 1986 for part of the Second plat
Recorded asPlat of Walerko's Whispering Acres, Plat Book 12 at page 2, recorded August 20, 1973
Plat of Walerko's Whispering Acres Second, Plat Book 13 at page 38, recorded May 17, 1977
Protective Covenants, instrument No. 632735, recorded June 28, 1977 in Miscellaneous Record 117 at pages 317 and 318 (the governing document)
Amendment to Protective Covenants, instrument No. 791729, recorded September 19, 1986 in Volume 181 at pages 371 to 373 (applies only to Lot A, Lot 30 and Lots 35 through 51 of the Second plat)
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. All nine scanned pages were read in full from the complete scan rather than from a shortened extract, and every page was then read again by eye off the 200 dpi images of the scan. Reading the images is what settled the recording numbers and what showed which paragraphs the machine reading had garbled or jumbled. The nine pages hold three separate items: a clean typed copy of the ten covenants, the recorded 1977 original, and the 1986 amendment, which appears twice in two different scans of the same filing.
The associationThere is no homeowners association here. The recorded covenants create no association, no board, no common ground, no maintenance duty, and no assessment or dues of any kind, and they name no management company. Nothing in the recorded file for this neighborhood suggests one was ever formed, so there are no dues to quote and nobody to ask for a resale certificate. Enforcement is left to the courts. The covenants say enforcement may be made in any lawful manner against any person violating or attempting to violate any of them, either to restrain a violation, to recover damages, or for any other lawful relief. In practice that means a neighbor would have to bring a civil action. There is no board to complain to, no fine schedule, no architectural review for ordinary work, and no lien power anywhere in these documents. The one body the documents create is an architectural control committee, and it is narrow. The 1986 amendment set it up solely to pass on the design and location of a modular home, and solely on Lot A, Lot 30 and Lots 35 through 51 of the Second plat. It was to consist of the two original developers or their assigns. It has no role in ordinary building, remodeling, fencing or landscaping decisions, and since the amendment dates from 1986 there may no longer be anyone holding that right. If you are buying on one of those lots and plan to place a modular home, ask your title company who holds that approval right today. On how long the covenants last: they were written to run until January 1, 1988 and then to extend automatically for successive ten year periods unless a majority of the then owners record an instrument changing them. On those terms the current ten year period would run to January 1, 2028, and the covenants stay in force unless the owners act. Nothing in the file shows any such change having been recorded.

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