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Whispering Hills South

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

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

Before you rely on this page

THIS IS SECTION 6. Other sections of Whispering Hills South may have their own recorded covenants, so check which set governs your lot. Two rules here turn on facts about the lot rather than on a committee's discretion: an in-ground pool or a tennis court is allowed only on a lot over three-quarters of an acre, and every house sits on its own septic system. Minimum house sizes are 2,250 square feet on a ranch and 2,500 on anything taller.

What you can build and change

Conditional

Fences

Two fences are allowed and no others: a split-rail perimeter fence, two rails high and no more than four feet, or a privacy fence up to six feet immediately around the patio, which has to match the architectural standard set by the style of the house and be approved in writing. Anything else needs a written variance from the architectural control committee. On a corner lot nothing between two and six feet above the roadway may block the sight triangle.

Paragraph 8 - Fencing, with Paragraph 17 - Sight Distance at Intersections
Conditional

Sheds & outbuildings

A detached storage or pet-shelter structure has to be quality construction, kept neat, blend with the established home, and go to the architectural control committee for approval before construction begins; the committee can require screening around it. The amendment adds a placement rule that is easy to miss: every shed and outbuilding must sit in the REAR of the lot behind the house, and be properly screened. No trailer, modular or manufactured home, prebuilt home, basement, tent, shack, garage, barn or outbuilding may be lived in.

Paragraph 12 - Detached Buildings, with Paragraph 5 as amended and Paragraph 10 - Prohibited Structures
Conditional

RVs, boats & trailers

A recreational motorised vehicle has to be operated strictly within the law and stored in the garage. It may not be stored or parked on the driveway or the street except temporarily.

Paragraph 23 - Recreational and Commercial Vehicles
Conditional

Swimming pools & hot tubs

Above-ground pools are not permitted. TENNIS COURTS are the thing the lot size governs - one is allowed only on a lot larger than three-quarters of an acre, and only with the architectural control committee's prior approval. An in-ground pool is not subject to that acreage test; it falls under the committee's general approval requirement like any other structure.

Paragraph 11 - Tennis Courts and Pools
Conditional

Exterior changes & additions

The approval reaches further than most: nothing may be built, placed, maintained or altered, the topography or drainage may not be changed, AND no tree more than four inches across may be removed, until the architectural control committee approves the plans. Even the first house needs written approval of the roofing, siding, window treatment, doorways, garage door, walkways and driveway. Three full sets of plans go in, showing floor plan, quality of construction, materials, outside colours, how the design sits with existing houses, and placement against the lot lines, topography and finish grade. Anything begun, driveway included, has to be finished within a year or removed. Chimney exteriors must be natural masonry with a masonry cap, unless the committee approves otherwise in writing. Minimum floor area is 2,000 square feet for a ranch and 2,500 for a two-storey, bi-level or tri-level.

Paragraph 3 - Architectural Control, with Paragraphs 1 and 18
Conditional

Satellite dishes & antennas

Outside above-ground television, AM, FM and short-wave radio antennas of any type are barred, and the covenant says that includes satellite dish antennas. The one way through is written in: an exception may be made if the architectural control committee approves it unanimously in writing. Federal rules on over-the-air reception devices also limit how far a private covenant can restrict a dish under one meter on property in your own exclusive use and control.

Paragraph 25 - Utilities and Television Antennas
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

No tree more than four inches across may be removed without the architectural control committee's approval. Side, front and rear yards have to be planted with grass seed, sod or ground cover within 120 days of the house being finished or occupied. Screen planting in the protective screening areas is kept up at the owner's expense, and nothing over thirty-six inches is allowed between the building setback line and the front lot line.

Paragraph 3 - Architectural Control, with Paragraphs 18 and 7
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, as long as none is kept, bred or maintained commercially and none becomes a neighbourhood nuisance or hazard. Livestock and poultry may not be raised or kept.

Paragraph 15 - Livestock and Poultry
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

No sign may be displayed to public view except one of no more than five square feet advertising the property for sale or rent, plus a builder's sign of any size during the construction and sales period. The developer keeps the right to put up its own.

Paragraph 14 - Signs
Conditional

Street parking

Every vehicle an owner or resident owns or leases has to be licensed and parked on their own driveway or in their garage - and at no time on the street. Driveways must be at least twelve feet wide and built of asphalt at least three inches thick or concrete at least four; stone and cinder are not allowed and a circular drive may be as narrow as eight feet. Fireplace chimneys have to be natural masonry with a masonry cap unless the committee approves otherwise in writing.

Paragraph 4(b) - Garages and Parking, with Paragraph 13 - Driveways and Chimneys
Conditional

Running a business from home

A home occupation is allowed if it is carried on entirely inside the house by a member of the immediate family living there, stays clearly secondary to living there, and uses no mechanical or electrical equipment. There can be no sign or display visible from outside, nothing sold on the premises, and nobody employed from outside the immediate family. A barber shop, styling salon, beauty parlour, tea room, fortune-telling parlour, animal hospital or any form of animal care such as dog trimming is named and excluded.

Paragraph 2(b) - Home Occupations
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

No lot may be used as a dumping ground for rubbish. Trash, garbage and other waste have to be kept in sanitary containers, and any incinerator or storage equipment kept clean and sanitary. Oil and fuel storage tanks may not be installed on a lot at all.

Paragraph 16 - Garbage and Refuse Disposal, with Paragraph 20 - Fuel Storage Tanks
Conditional

Grilling & outdoor cooking

No fire may be allowed to burn in any street or roadway in the subdivision. A fire on your own lot is not addressed.

Paragraph 27 - Fires
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.

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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.

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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 documentProtective Restrictions, Covenants, Limitations and Easements for Whispering Hills South, Section 6, as amended for Sections 1 through 6, St. Joseph County, Indiana
Recorded asSection 6 restrictions recorded as instrument 8906335
Original restrictions dated 3 April 1987, recorded 14 April 1987 as document 8719064
Amendment adopted by the lot owners under paragraph 28, amending Sections 1, 2, 3, 4, 5 and 6 together, executed by Whispering Hills South Development
Architectural control committee's authority expires fifteen years after the plat was recorded
How it was readThe recorded copy on file is a PDF whose text layer came from an older scan and is broken across lines and in places garbled. It was read as a scan for that reason, which is why nothing on this page is presented as a direct quote.
Checked againstthe Section 6 restrictions were read together with the recorded AMENDMENT that covers Sections 1 through 6, which rewrites paragraphs 3, 4, 5, 11 and 13 - the tree-removal restriction, the street-parking ban, the rear-lot shed placement, the tennis court acreage test and the masonry chimney rule all come from that amendment, and this page is cited to it
The associationWhispering Hills South Homeowners Association, Inc., an Indiana not-for-profit that every lot owner belongs to with one vote per lot. It funds the park areas, the street lighting and any security services, and the covenant caps total dues and assessments at $125 a lot a year - $45 while the developer is still acting for the association. Bills go out in January and are due within thirty days; unpaid dues become a lien on the lot and run 8 percent interest. The association may also enforce the rules about accumulated rubbish, weeds and trash. Plans go to the Whispering Hills South Architectural Control Committee, three people appointed by the developer.

Ask us about Whispering Hills South

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