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Whippoorwill Valley

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

3 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 document: the Amended and Restated Protective Restrictions, Covenants, Limitations and Easements for Whippoorwill Valley, in St. Joseph County, Indiana, stamped by the St. Joseph County Recorder on December 6, 1994 under instrument number 9444942. It is the only covenant document on file for this neighborhood, and nothing newer than it was found.

It runs twelve pages and thirty-five numbered paragraphs, and the numbering is complete from the first to the last. Two things about the copy on file are worth knowing. It is stamped DUPLICATE, with the original in the files of the St. Joseph County Recorder. And it stops at the end of the last numbered paragraph, so the Exhibit A legal description that the first page says is attached, and the signature and notary page, are not part of the copy on file. That matters because Exhibit A is where a document like this spells out exactly which lots it covers. The text itself says it binds all the lots in Whippoorwill Valley and that assessments fall on every lot in all additions to and sections of the recorded plat, so it is written to govern the whole subdivision, but the lot-by-lot description is not here to confirm it. Confirm with the title company which recorded documents run with the specific lot you are buying.

One line at the top of one page was cut off when the document was copied, so the heading and opening words of one paragraph cannot be read. What survives of that paragraph is a one hundred fifty foot front setback that applies to nine lots named by number, and an electric service requirement for the same nine lots. It does not affect any of the answers below.

Two things to carry into any plan for the outside of the house. First, the approval requirement here is unusually wide: nothing may be built, placed or altered on a lot, and the lot's own grade and drainage may not be changed, until the Architectural Control Committee has approved the plans in writing. That can reach a project this page does not name. Second, the sign paragraph requires written approval for any sign in public view and names for-sale and for-rent signs specifically, which is worth knowing before you list.

Several everyday questions are not addressed anywhere in the document: solar panels, mailboxes, renting or leasing a home, short-term letting, basketball goals, clotheslines, flags, window treatments, repairing a vehicle, and where ordinary cars may park. Silence is not permission and it is not a rule. It means the recorded covenants say nothing, and the association may have adopted a policy that was never recorded, so ask.

The recorded copy is a scan of typed paper with no digital text, so it was read by software that can misread individual words. Every answer below was also read by eye off the scanned page images, and each one 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

A fence around the whole lot is not allowed. What is allowed is a privacy fence around the immediate patio or pool, up to six feet, and it has to match the architectural standard set by the style of the house. It needs the Architectural Control Committee to approve it in writing first, and the committee can also approve a written variance from the fencing rule. A separate paragraph adds a sight-line limit on corner lots: no fence between two and six feet tall inside the triangle formed by the two street lines and a line joining them twenty-five feet back from the corner, and the same limit applies within ten feet of where a driveway meets the street.

There will be no perimeter fencing. Privacy fencing will be allowed around an immediate patio or pool of not more than six (6) feet which must conform to present architectural standards as set by the style of home thereon built and be approved by the Architectural Control Committee in writing, unless a variance from this fence requirement shall have been approved in writing by the Architectural Control Committee.
Conditional

Sheds & outbuildings

A detached storage building or a pet shelter is contemplated and allowed, with conditions. It has to be of quality construction, kept in attractive and neat condition, and blend with the house already built on the lot, and the plans go to the Architectural Control Committee for approval before construction starts. The committee can also require protective screening around it. No size, height or material is specified, so the standard is the committee's judgment rather than a number. A separate paragraph bars a barn, shack, tent or other temporary structure from being used as a residence at any time, which is about living in it rather than storing things in it.

The construction and placement of any detached storage or pet shelter structures to be used for the storage of lawn tools, toys, swimming pool apparatus, or any other personal property or for the shelter of pets must be of a quality construction and must be maintained in attractive and neat appearance and blend with the established home and be submitted to the Architectural Control Committee for approval before beginning construction.
Conditional

RVs, boats & trailers

The covenants bar recreational and commercial vehicles, naming campers, trailers, trucks and boats, from being kept in open areas in the subdivision, and that reaches open areas whether they are on the lot or off it. What the document does not do is define what counts as an open area, and it never mentions a garage in either direction. So the ban on leaving one out in the open is clear, and whether one may be kept inside a closed garage is simply not addressed by this document. If that is the question that decides the house for you, ask the association for its position in writing before you rely on either reading.

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

Swimming pools & hot tubs

An above-ground pool is not permitted. An in-ground pool is permitted, and so is a tennis court, with the prior approval of the Architectural Control Committee. The fencing paragraph then allows a privacy fence up to six feet around the immediate pool area, also subject to committee approval in writing.

No above ground pools shall be permitted. Inground pools and/or tennis courts shall be permitted with Architectural Control Committee prior approval
Conditional

Exterior changes & additions

This is the widest requirement in the document and it is worth reading before any outside project. Nothing may be built, placed, kept or altered on a lot, and the lot's own natural grade and drainage may not be changed, until the Architectural Control Committee has approved the plans. The submission has to show the floor plan, the quality of construction, the materials, the outside colors, how the design sits with the houses around it, and the location relative to the lot lines, the topography and the finished grade elevations. Two complete sets go in, one is kept and one comes back, and the approval or refusal is in writing. Building anything that departs from the approved plans is not permitted, and changes to approved plans need the committee's prior written consent. Related paragraphs set the materials for the house itself as brick, wood or stone, require front walks of brick or cement, require a dusk-to-dawn post light in front of the building setback line, and require a masonry fireplace chimney and a driveway of asphalt, brick or concrete at least twelve feet wide.

No building or other structure shall be erected, constructed, placed, maintained, or altered on any lot, nor shall the natural topography or drainage of any lot be altered, until the construction plans for the structure or for the topographical alterations have been approved by the Architectural Control Committee.
✗ Not allowed

Satellite dishes & antennas

The covenants prohibit any outside above-ground antenna on a lot or on a structure, and they name satellite dishes specifically as being covered. The same paragraph requires all utility service, including cable television, to run underground and out of sight. The document sets out no size exception, no screened-location exception and no approval route, so on its own wording there is no permitted way to mount one outdoors. Federal rules on over-the-air reception devices can affect how a restriction like this is enforced in practice, which is a question for the association and for a lawyer rather than something this document answers, so ask before you assume either way.

No outside above-ground television, A.M., F.M., or short wave radio antennas of any type, including but not limited to any type of satellite dish antenna, shall be erected or maintained on any lots or structures in this subdivision.
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

Several rules apply. Within one hundred and twenty days of the house being finished or occupied, whichever comes first, the side, front and rear yards have to be planted with grass seed, sod or ground cover unless the Architectural Control Committee approves something else. Trees are protected: a live tree more than four inches across, measured twelve inches above the ground, a flowering tree such as dogwood or redbud, a broad leaf evergreen, or live vegetation on a slope steeper than twenty percent may not be cut without the committee's prior approval, and the committee sets the rules for selective clearing. Separately, no live tree of any size within ten feet of the lot perimeter may be cut without that approval. Where the plat marks a protective screening area, the owner maintains the plantings at their own expense and nothing but a screen fence, landscaping, a wall, utilities or drainage may sit there. Screen planting over thirty-six inches high is not permitted between the building setback line and the front lot line.

The side, front and rear yards of each lot shall be planted with grass seed, sod or ground cover, unless otherwise approved by the Architectural Control Committee, within one hundred and twenty (120) days after the structure is completed, or the structure is occupied as a home, whichever is earlier.
Not stated

Mailboxes

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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How you can live here

Conditional

Pets

Dogs, cats and other household pets are allowed. Livestock and poultry of any kind may not be raised, bred or kept on a lot. The two conditions on household pets are that they are not kept, bred or maintained for any commercial purpose, and that they are not allowed to become a neighborhood nuisance or hazard. No number limit, size limit or breed restriction appears anywhere in the document. A separate paragraph allows a detached pet shelter structure with committee approval.

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.
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

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

Yard signs

This one is stricter than most buyers expect, so read it before you plan a sale. No sign of any kind may be displayed to public view on a lot without prior written approval from the developer, and the paragraph names for-sale and for-rent signs specifically, along with a builder's sign during construction and sales. That approval is the only route the document gives, and as written it runs to the developer rather than to the architectural committee or the association. The developer also reserved the right to put up its own signs to promote and sell lots. The document was recorded in 1994, so the practical question is who exercises that approval today; ask the association before you order a yard sign.

No sign of any kind shall be displayed to the public view on any lot, including any signs 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, unless prior written approval is given by the developer.
Not stated

Street parking

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

Running a business from home

A home occupation is permitted, and the document defines it narrowly. The work has to be conducted entirely inside the house, carried on only by a member of the immediate family living there, and be clearly incidental and secondary to the use of the house as a home without changing its character. Four conditions come with it: nothing on the outside may indicate the building is used for anything other than a dwelling, no commodity may be sold on the premises, nobody may be employed other than an immediate family member living there, and no mechanical or electrical equipment may be used. The paragraph then names uses that may not be run as a home occupation at all, among them a barber shop, styling salon, beauty parlor, tea room, fortune-telling parlor, animal hospital and any form of animal care or treatment such as dog trimming. The no-outside-sign condition lines up with the separate sign paragraph, which requires written approval for any sign in public view.

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 member of the immediate family residing in said residence, which use is clearly incidental and secondary to the use of the dwelling 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

Trash, garbage and other waste have to be kept in sanitary containers, and a lot may not be used or maintained as a dumping ground for rubbish. Any incinerator or other equipment for storing or disposing of waste has to be kept clean and sanitary. The document does not set out a screening requirement, a day for putting containers at the curb, or a place on the lot where they have to sit. The association is separately given the power to enforce the restrictions on accumulations of rubbish, weeds and trash.

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 a clean and sanitary condition.
Conditional

Grilling & outdoor cooking

There is a fires paragraph, and what it bans is a fire burning on a street or roadway in the subdivision. It does not reach a fire on a lot, and it never names a grill, a barbecue or a fire pit in either direction. So on the face of this wording a contained cooking grill used on your own lot is not what the paragraph is aimed at, while anything burning on the pavement is. Read the sentence and judge the edge yourself, and if you are planning something closer to an open fire than a grill, ask the association.

No fire shall be permitted to burn on any street or roadway in this subdivision.
Not stated

Clotheslines

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 →
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 →
Not stated

Window coverings & decorations

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 →

Where these answers come from

The documentAmended and Restated Protective Restrictions, Covenants, Limitations and Easements for Whippoorwill Valley, in St. Joseph County, Indiana, recorded December 6, 1994 as instrument 9444942, by the developer Mirage Development Inc.
Recorded asAmended and Restated Protective Restrictions, Covenants, Limitations and Easements for Whippoorwill Valley, recorded December 6, 1994 as instrument 9444942 - the instrument used here
The recorded Plat of Whippoorwill Valley, which these restrictions attach to and which carries the building setback lines, the easements and the protective screening areas - the plat itself is not on file here
Exhibit A, the legal description the first page says is attached - not part of the copy on file
By-Laws of the association, which the covenants require it to adopt - not recorded with this instrument and not on file here
How it was readOptical character recognition of the twelve scanned pages, with every cited paragraph then re-read by eye off the scanned page images. The page images were also used to recover the recording stamp and the instrument number, which the text recognition had misread.
The associationThere is an association. The covenants create it under the name Whippoorwill Valley, an Indiana not-for-profit corporation, to be formed by the developer, Mirage Development Inc., on behalf of present and future lot owners. Every lot owner is a member and casts one vote for each lot owned. What it is responsible for is a short, specific list: managing and financially supporting all park areas, all landscaped entrance ways and all street lighting, plus whatever security services it decides are advisable and practical. It may also own land for use as a common area, and the developer promised to convey fee simple title to all common areas to it no later than five years after the last lot is sold. This is not a maintenance-provided neighborhood. Nothing in the document puts lawn care, snow removal, trash collection or any part of the outside of the house on the association, and each house has its own septic tank, installed and paid for by the lot owner. On money, the association may adopt by-laws, levy and collect dues, and impose annual assessments for installing and operating street lighting, maintaining and improving the park areas and other common areas, and providing those security services. The document caps the total of dues and assessments at one hundred seventy-five dollars per lot per year, levied equally on every lot in all additions to and sections of the recorded plat. While the developer was still acting in place of the association, its cap was one hundred twenty-five dollars per lot per year. Treat both figures as 1994 numbers rather than today's. The document lets the owners of seventy-five percent of the lots amend the restrictions, including that dues cap, by recording an amendment, and they have been able to do that since roughly five years after the December 1994 recording. Ask the association what the current assessment is and whether anything is outstanding on the lot. Assessments are billed each January and are due within thirty days. Failing to pay is itself a violation of the covenants, and unpaid dues, assessments, interest, collection costs and attorney fees become a lien on the lot in favor of the association until paid or released. The association may enforce that lien in the same way as an Indiana mechanic's lien but is not required to record a notice or sue within the mechanic's lien deadlines, and the lien is subordinate to a first mortgage. Past-due amounts carry interest at eight percent a year starting thirty days after they fall due, payable without relief from valuation and appraisement laws. A buyer may rely on a certificate signed by the president or secretary showing what is owed, and the association may not then enforce a lien for an earlier charge that the certificate left out, so asking for that certificate is worth doing. Architectural approval sits with a committee the document calls the Whippoorwill Valley Committee, three people appointed by the developer. The developer fills any vacancy, and the covenants say the developer would, at a time satisfactory to it, hand the job of making those appointments to the homeowners association. The committee's authority is stated to expire twenty years after the plat was recorded, subject to the amendment paragraph. Given the 1994 recording date, who holds the approval power now is a question to put to the association rather than one this document settles. On enforcement, the right to enforce is spread widely. Each lot owner may sue for an injunction, for damages, and to have a non-conforming structure removed by due process of law, and the association and the developer may do the same. The committee may enforce its decisions through the developer and, once the association is incorporated, through the association. If the association or the developer hires a lawyer to enforce the covenants, the owner in violation pays the costs including reasonable attorney fees, and that amount becomes a lien on the lot as well. There is no fine schedule in the document, and it says there is no right of reversion or forfeiture of title from a violation. The covenants ran to June 1, 2013 and then extend automatically for successive ten-year periods unless the owners of seventy-five percent of the lots vote to change them, so they are in an extended term now.

Ask us about Whippoorwill Valley

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