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Willow Creek Villas

What the recorded documents actually say about Willow Creek Villas in Mishawaka — 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

What these answers cover. They are read from a single recorded instrument, the Protective Restrictions, Covenants, Limitations and Easements for Willow Creek Villas, recorded in St. Joseph County, Indiana on December 3, 2009 as Instrument No. 0939524. It runs 11 pages, and the last page is the recorded Willow Creek Villas Final P.U.D. plat sheet, which carries its own numbered notes; several answers here use those notes. The covenants say they cover the 21 lots of this subdivision, and the plat sheet numbers them Lots 1 through 21, on 5.81 acres in Penn Township, City of Mishawaka.

Two oddities on the recorded paper, so you are not surprised by them. The cover page and the attached plat sheet both read Willow Creek Villas, while the inner title page and the body of the covenants call the subdivision Willow Creek; it is one recording, and it is the one filed with this neighborhood's own listings. Separately, two paragraphs point at the wrong committee: the fuel storage tank paragraph sends approval to the Gumwood Crossing Architectural Control Committee, and the tree cutting paragraph refers to the NHACC, where every other paragraph names the Willow Creek Architectural Control Committee. Those read as leftovers from the form the developer started from, and they are on the recorded page.

What is not covered. No amendment to this instrument is on file here, and nothing on file is newer than it, but the covenants allow amendment by the owners of at least seventy-five percent of the lots, so one could have been recorded since without reaching these files. The covenants also ran to October 15, 2019 and renew in ten-year periods unless the owners vote to change them. This subdivision was carved out of an earlier development, and the plat sheet says its easements supersede the easements shown within Lots 30 through 34 of The Estates East at Barrington P.U.D.; if any part of a lot here is also subject to that earlier declaration, that is a separate recording and it is not in these files. The association by-laws, any rules the board has adopted, and the architectural committee design criteria for mailboxes and fences are all referred to by this document but are not part of it. Before you rely on any single answer here, ask the association for the current documents, and pull the chain of title from the St. Joseph County Recorder or your title company.

What you can build and change

Conditional

Fences

Perimeter fencing is not allowed. Privacy fencing is allowed around an immediate patio or pool, no more than six feet high, and it must conform to the architectural standards set by the style of the home built on the lot and be approved in writing by the Willow Creek Architectural Control Committee. The same paragraph lets the committee approve a written variance from the fence requirement, so a fence outside those limits is a question to put to the committee rather than a flat no. Separately, on a corner lot nothing that obstructs sight lines between two and six feet above the roadway may stand in the triangle formed by the two street lines and a line joining them twenty-five feet from the intersection, and the same sight-line limit applies within ten feet of where a driveway meets a street line.

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 Willow Creek Architectural Contro! Committee in writing, unless a variance from this fence requirement shall have been approved in writing by the Willow Creek Architectural Control Committee.
✗ Not allowed

Sheds & outbuildings

Detached storage buildings and detached pet shelters are not permitted. The covenants bar the construction and placement of any detached storage or pet shelter structure used to store lawn tools, toys, swimming pool apparatus or any other personal property, or to shelter pets, and that paragraph carries no size limit, no screening option and no approval route. A separate paragraph also bars moving on, assembling or building any barn, shack, tent, outbuilding or structure of a temporary character to be used as a residence. A garden shed in the back yard is the kind of structure the first of those paragraphs describes. The covenants require every dwelling to have an attached garage sized for two to three cars, which is where this document assumes storage happens.

No 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 are permitted.
Conditional

RVs, boats & trailers

Campers, trailers, trucks and boats may not be kept in open areas in this subdivision, and the clause reaches those open areas whether they are on the owner lot or off it. The document never defines what an open area is, and it never mentions a garage either way, so what the rule does about a camper or a boat kept inside a closed garage is not answered on the face of the paper. Two related limits do apply: every dwelling must have an attached garage sized for at least two cars and no more than three, and no vehicle may sit on the grass or the landscaped part of a lot at any time, nor be parked on a right-of-way on a regular, recurrent or permanent basis. If you plan to keep a camper, a boat or a work truck at the house, get the association position in writing before you buy.

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

Above ground pools are not permitted. An inground pool is permitted with the prior approval of the Willow Creek Architectural Control Committee, and the same paragraph treats a tennis court the same way. If you want to fence it, the fencing paragraph allows privacy fencing around an immediate pool or patio up to six feet with written committee approval. One thing to plan around: the covenants do not permit a detached structure for storing swimming pool apparatus, so pump and chemical storage has to go somewhere other than a separate shed.

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

Exterior changes & additions

Anything built, placed or altered on the outside needs written approval first. No building or other structure may be erected, constructed, placed, maintained or altered, and the natural topography or drainage of a lot may not be altered, until the Willow Creek Architectural Control Committee has approved the construction plans. Two complete sets of plans go in, one is kept and one comes back, and they have to show the floor plan, quality of construction, materials, the outside colors, how the external design sits with the existing houses, and the location relative to lot lines, topography and finish grade elevations. Approval or disapproval comes in writing, and the paragraph says the decision is entirely within the committee discretion. The committee has three members. The covenants also fix some materials directly: the front of a dwelling in brick, wood, stone, or vinyl siding combined with a brick, wood or stone front, front walks of brick or cement, and fiberglass type roof shingles. The document says the committee authority expires twenty years after the plat is recorded, and that the developer would hand appointments over to the homeowners association, so ask the association who sits on the committee now.

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 Willow Creek Architectural Control Committee.
✗ Not allowed

Satellite dishes & antennas

This document prohibits outside antennas and satellite dishes. No outside above-ground television, AM, FM or short wave radio antenna of any type, including any type of satellite dish antenna, may be erected or maintained on any lot or structure in the subdivision. It is written as a flat prohibition, with no size exception and no approval route in it. The same paragraph requires all public utility service, including cable television, to run underground and stay out of sight. Antenna and dish restrictions are an area where outside law has moved since this was recorded in 2009, so confirm the current position with the association, and with your installer, before you mount anything and before you rely on the ban.

No outside above-ground television, A.M., FK 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

The yards have to be planted, and the committee controls tree cutting. Within one hundred and twenty days after the house is completed or occupied, whichever comes first, the side, front and rear yards must be planted with grass seed, sod or ground cover unless the Willow Creek Architectural Control Committee approves something else. Tree removal is restricted twice over: no live tree of any size within ten feet of the lot perimeter may be cut without prior committee approval, and no live tree more than four inches in diameter measured twelve inches above the ground, no tree generally known as a flowering tree such as dogwood or redbud, no broad leaf evergreen and no live vegetation on a slope steeper than twenty percent may be cut without prior approval. Where the plat marks a non-access easement as protective screening, the lot owner keeps those plantings up at their own expense, and no screen planting over thirty-six inches high is allowed between the building setback line and the front lot line on any lot. Altering the topography or the drainage of a lot also needs committee approval. Note that this document puts the planting and the upkeep on the lot owner, not on the association.

The side, front and rear yards of each lot shall be planted with grass seed, sod or ground cover, unless otherwise approved by the Willow Creek 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.
Conditional

Mailboxes

Each lot has to have a mailbox that conforms to the design criteria set by the Architectural Control Committee, and it has to be kept in good condition and repair at all times. The document does not print the design itself, so ask the association for the current specification before you replace a post or a box.

There shall at all times be constructed and maintained in good condition and repair; on each lot, a mailbox in conformity with the design criteria set by the Architectural Control Committee.

How you can live here

Conditional

Pets

Dogs, cats and other household pets are allowed. They may not be kept, bred or maintained for any commercial purpose, and they may not be permitted to become a neighborhood nuisance or hazard in any manner. No other animals, livestock or poultry of any kind may be raised, bred or kept on a lot. This document sets no limit on the number of pets, and no weight or breed limit. One thing to plan for: a separate paragraph does not permit detached pet shelter structures, so a standalone doghouse or kennel building is caught by that ban. An animal hospital, or any form of animal care treatment such as dog trimming, is also named as something that cannot be run as a home occupation.

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

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Conditional

Yard signs

No sign of any kind may be displayed to public view on a lot without prior written approval, and the paragraph names for sale and for rent signs specifically, along with a builder sign of any dimension during the construction and sales period. As written, that approval comes from the developer, and the developer also reserved the right to put up its own signs to promote and effect the sale of lots and structures. Because this was recorded in 2009 and the developer role was set up to pass to the homeowners association, ask the association who grants sign approval today before you put a sign in the yard.

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.
Conditional

Street parking

Every dwelling must have a full-size attached garage that holds at least two cars and no more than three. No vehicle may be parked on the grass or the landscaped portion of a lot at any time, and no vehicle may be parked on any right-of-way on a regular, recurrent or permanent basis. The recorded plat sheet counts two spaces per home in garages and two more per home in driveways, eighty-four spaces in all across the twenty-one lots, against a requirement of two per unit. Driveways have their own rules: no stone or cinder, brick or concrete only, at least twelve feet wide, and at least four inches thick if concrete, with a circular drive in front of a house allowed down to eight feet wide. The plat also shows the homes reached by a private ingress and egress easement running through the lots rather than by a public street, so where a guest may leave a car overnight is worth raising with the association.

All dwellings must have a full-size attached garage which is capable of storing at least two (2) automobiles but not to exceed space for three (3) automobiles. No vehicle shall be parked upon the grass or landscaped portion of any lot at any time. Additionally, no vehicle shall be parked on a regular, recurrent or permanent basis on any right-of-way.
Conditional

Running a business from home

A home occupation is allowed inside the house, on tight conditions. The use has to be conducted entirely within the residence dwelling, participated in solely by a member of the immediate family living there, and clearly incidental and secondary to using the dwelling as a dwelling, without changing its character. Four conditions come with it: nothing visible from the outside may indicate the building is used for anything other than a dwelling, no commodity may be sold on the premises, no person 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 are out regardless: a barber shop, styling salon, beauty parlor, tea room, fortune-telling parlor, animal hospital, or any form of animal care treatment such as dog trimming. The no-employees condition and the no-mechanical-or-electrical-equipment condition are strict as written, so a business that needs either is worth clearing with the association first. The sign paragraph separately bars any sign displayed to public view without prior written approval.

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.

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Conditional

Trash & recycling containers

Trash, garbage and other waste have to be kept in sanitary containers, and no lot may be used or maintained as a dumping ground for rubbish. Incinerators and any other equipment for storing or disposing of that material have to be kept in a clean sanitary condition. The document does not say where containers go between pickups, and it sets no screening requirement for them. Separately, the association is given power to enforce the restrictions about accumulations of rubbish, weeds or 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 sanitary condition.
Conditional

Grilling & outdoor cooking

The covenants never mention a grill, a barbecue or cooking outdoors. What they have is a one-sentence fires paragraph, and its reach is streets and roadways: no fire may be permitted to burn on any street or roadway in the subdivision. On the face of that wording, a grill on a patio or in a back yard is not what the paragraph is aimed at, because it does not address fires on a lot at all. A fire pit is a closer question, and outdoor burning is usually a matter of local rules as well, so check with the association and the city before you build one.

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.

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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 Willow Creek Villas, Saint Joseph County, Indiana (Instrument No. 0939524, recorded December 3, 2009), including the Willow Creek Villas Final P.U.D. plat sheet recorded with it
Recorded asInstrument No. 0939524, recorded in St. Joseph County, Indiana on December 3, 2009
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, and the recording stamp, the instrument number and the cover page title, which do not survive that cleanly, were read by eye off the scanned images. The last of the 11 pages is the recorded plat drawing, whose notes run sideways in small print; those notes were rotated and magnified and read by eye as well. Character recognition can misread individual words, which is why nothing in the summaries on this page is presented as a direct quote.
The associationThere is an association. The covenants create the Willow Creek Homeowners Association as an Indiana not-for-profit corporation, to be formed by the developer, Place Realty, Inc., acting on behalf of the owners and future owners of lots. Every lot owner is a member and casts one vote for each lot owned. The association must meet at least once a year to organize itself and elect officers, and it adopts its own by-laws. What it is responsible for. The covenants put the park areas, the landscaped entrance ways and the street lighting on the association, along with street maintenance, other common areas, and whatever security services the association judges advisable and practical. The recorded plat sheet adds that the inspection and maintenance of the drainage basin and the storm sewer structures, including the pipe, is the responsibility of the homeowners association. The developer covenanted to convey fee simple title to all common areas no later than five years after it had sold every lot. What this document does not put on the association. Willow Creek Villas is a detached single-family development served by a private drive, and buyers often expect a villa association to mow, plow and maintain the outsides of the homes. This recorded instrument does not assign any of that. It puts the yard planting on the lot owner, it puts the upkeep of the protective screening plantings on the lot owner at their own expense, and it puts the required dusk to dawn yard light on the builder or the lot owner. If the dues here cover lawn care, snow removal or exterior maintenance, that comes from something other than this recording, so get it in writing from the association before you count on it. Assessments. The association may levy and collect dues, and may impose and collect monthly assessments, for installing and operating the street lighting, for maintaining and improving the park areas, for street maintenance and other common areas, and for the security services. Assessments are levied equally on each lot. The covenants cap the total dues and assessments at two hundred dollars per lot per month, and at one hundred fifty dollars per lot per month for the period before the association exists, while the developer is acting in its place. Those are ceilings written into a 2009 document, not a current dues figure. The document prints no actual dues amount, so ask the association what the assessment is today. Enforcement, and what happens on a violation. Unpaid dues and assessments become a lien on the lot in favor of the association, running until it is paid or released, and the covenants say it may be enforced the way a mechanic lien is enforced under Indiana law, without the association having to record a notice or bring suit within the deadlines that statute would otherwise set. That lien is subordinate to a first mortgage. Past due amounts carry interest at eight percent a year starting thirty days after they fall due, plus attorney fees. A buyer may rely on a certificate signed by the president or secretary showing the amount owed. Beyond money, any lot owner, the association or the developer may proceed in law or in equity against a violation, including an injunction and the removal of an offending structure by due process, and a violation carries a right to damages but never a forfeiture of title. If the association or the developer hires counsel to enforce, the covenants put the costs, including reasonable attorney fees, on the owner the action is brought against, secured by a lien on that lot. The architectural control committee enforces its own decisions through the developer first, and through the homeowners association after that. How long the covenants last, and how they change. They run until October 15, 2019 and then renew automatically for successive ten-year periods, unless owners of at least seventy-five percent of the lots agree to change them. For five years after recording, the developer alone could amend them, and could not raise the two hundred dollar monthly cap during that window. After those five years, an amendment takes a recorded instrument executed by the owners of at least seventy-five percent of the lots. No amendment is on file here.

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