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Winding Brook Park G

What the recorded documents actually say about Winding Brook Park G in Mishawaka — fences, sheds, pools, pets, parking and the rest — with the part of the document each answer comes from.

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

Before you rely on this page

ONE DECLARATION COVERS SECTIONS G AND H, AND ONLY THOSE. Section G is lots 283 through 295; Section H is lots 296 through 301 and 302 through 334. The other Winding Brook Park sections - B, C, D, E, F and Section 1 - are separate plats and are not governed by this document, so do not read this page for a home in one of those. Two rules inside it also vary by section and by lot, and both are stated on this page where they apply: the minimum house size is larger in H than in G and larger again on lots 301 through 318 and 327 through 330, and the requirement to plant two front-yard trees does NOT apply to lots 305 through 307, 309 through 319 or 327 through 330. Check your lot number.

What you can build and change

Conditional

Fences

A fence needs the Design Review Board's prior written approval, and one kind is ruled out whatever the Board thinks: chain link is never permitted here. There is also a separate corner-lot limit - on a corner, no fence that blocks sight lines between two and six feet above the roadway may stand inside the triangle formed by the two street lines and a line joining them twenty-five feet back, and the same applies on any lot within ten feet of where a driveway meets the street.

FENCING; SITE DISTANCE AT INTERSECTIONS
✗ Not allowed

Sheds & outbuildings

No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding may be moved onto, assembled or constructed on any lot, or used on any lot at any time for any use. The one exception written into the covenant is a gazebo, which may be permitted but needs the Design Review Board's prior written approval.

TEMPORARY STRUCTURES
✗ Not allowed

RVs, boats & trailers

No recreational or commercial vehicles - campers, trailers, trucks or boats are named - may be kept in open areas in this subdivision, and the clause reaches open areas whether they are on your lot or off it.

RECREATIONAL AND COMMERCIAL VEHICLES
✗ Not allowed

Swimming pools & hot tubs

No above-ground swimming pool may be constructed or maintained on any lot. An in-ground pool is not mentioned, which does not make it free: nothing may be built or placed on a lot, and the topography and drainage may not be altered, until the Design Review Board has approved the plans in writing.

SWIMMING POOLS AND SWING SETS; ARCHITECTURAL CONTROL
Conditional

Exterior changes & additions

Nothing may be erected, constructed, placed, maintained or altered on a lot, and the natural topography or drainage may not be changed, until the Design Review Board has approved the construction plans. What those plans must show is unusually specific: floor plan, quality of construction, materials, the outside colours, how the external design sits with the houses already there, the mailbox design, the landscape and outdoor lighting plans, and elevations. Three complete sets go in; two stay with the developer and one comes back to the builder. Approval or refusal is in writing, nothing may be built that does not comply fully with the approved plans, and no deviation is allowed without the Board's prior written consent. The approved drawings also have to go in with the building-permit application - the covenant says no permit may be issued without them.

ARCHITECTURAL CONTROL; DESIGN REVIEW BOARD PROCEDURES; BUILDING PERMIT
✗ Not allowed

Satellite dishes & antennas

No outside above-ground television, AM, FM or short-wave radio antenna, and no satellite dish, may be erected or maintained on any lot or structure in this subdivision. The ban is flat - there is no size exception and no approval route written into it. Note that federal rules have since limited how far a covenant like this can be enforced against a small dish, so ask before assuming either way.

UTILITIES, TELEVISION ANTENNAS, AND SATELLITE DISHES
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

This covenant asks more of a front yard than most. Every effort has to be made to preserve as many trees as is reasonably practicable, and TWO new trees must be planted in the front yard of each lot at the owner's expense - each at least three and a half inches across at the base and no less than fifteen feet tall when planted. That tree obligation does not apply to lots 305 through 307, 309 through 319, or 327 through 330. New planting is to complement the existing natural landscape, and all landscaping must be kept in a well-manicured condition at all times. On a corner lot, no hedge or shrub planting may block sight lines between two and six feet above the roadway inside the twenty-five-foot corner triangle, and no tree may remain there unless its foliage line is kept high enough to keep the view clear.

LANDSCAPING; SITE DISTANCE AT INTERSECTIONS
Conditional

Mailboxes

The mailbox is not left to the owner: mailbox design is one of the items the construction plans submitted to the Design Review Board must show, so it is approved along with the house.

ARCHITECTURAL CONTROL

How you can live here

Conditional

Pets

Dogs, cats and other household pets are allowed. No animals, livestock or poultry of any kind may be raised, bred or kept on a lot otherwise, and no pet may be kept, bred or maintained for any commercial purpose.

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.

We can find out →
Conditional

Basketball hoops

A basketball hoop is not named, but the clause it would be judged against is: metal swing sets, and similar metal apparatus, may not be constructed or maintained on any lot. A pole-mounted hoop is close enough to that wording that it is worth asking the Design Review Board before buying one, and any permanent installation needs the Board's written approval in any case.

SWIMMING POOLS AND SWING SETS; ARCHITECTURAL CONTROL
Conditional

Yard signs

No sign of any kind may be displayed to public view on a lot, with two exceptions: one sign of no more than five square feet advertising the property for sale or rent, and a builder's signs during the construction and sales period. The developer kept a right to put up whatever signs it wanted to promote sales in the development.

SIGNS
Conditional

Street parking

Vehicles may only be parked on the paved part of the lot - never on the grass or any landscaped part, at any time. Every home must have a full-size attached garage holding at least two cars and no more than three. Recreational and commercial vehicles, including campers, trailers, trucks and boats, may not be kept in open areas at all.

LANDSCAPING; GARAGES AND PARKING; RECREATIONAL AND COMMERCIAL VEHICLES
Conditional

Running a business from home

No lot may be used except for residential purposes, and no building other than one single-family dwelling of up to two and a half storeys plus an attached garage for no more than three cars may stand on it. The covenant writes no home-occupation exception of the kind many neighborhoods include, so anything beyond quiet work inside the house is a question for the Design Review Board.

LAND USE AND BUILDING TYPE
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.

We can find out →
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 or maintained as a dumping ground, and trash, garbage and other waste must be kept in sanitary containers; any incinerator or other storage or disposal equipment has to be kept clean and sanitary. Separately, and this catches people out: no burning of waste, leaves, trees or other debris is permitted anywhere in this subdivision.

GARBAGE AND REFUSE DISPOSAL; FIRES
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.

We can find out →
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 documentDeclaration of Covenants, Conditions and Restrictions, Sections G & H, Winding Brook Park, made 16 August 1988 by Cressy Land Planning Associates, St. Joseph County, Indiana
Recorded asWinding Brook Park, Section G - lots 283 through 295 - recorded 1988-07-11 as Instrument No. 8818268
Winding Brook Park, Section H - lots 296 through 301 and 302 through 334 - recorded 1988-07-11 as Instrument No. 8818257
Declaration executed 16 August 1988 by Cressy Land Planning Associates, Donald G. Cressy, General Partner
How it was readRead directly from the document’s own text.
Checked againstThe amendment check found nothing newer beside this declaration, and the document carries no amendment of its own. The developer held an exclusive right to amend it for five years from recording; after that it takes the owners of 75 percent of the lots, recorded. Nothing on file shows either happening, so this is the operative text as far as the documents on these listings go.
The associationThere is no homeowners association here, and no dues. What governs instead is a Design Review Board of three people, appointed by the developer, Cressy Land Planning Associates, serving until the developer removes them or they resign, and paid nothing. The Board's power is real even though the association's is absent: nothing may be built, placed, altered or even regraded on a lot until it has approved the plans in writing, and the county will not issue a building permit without drawings carrying that approval. The declaration sets no assessment of any kind - no annual dues, no special assessment, no lien mechanism - so there is no association bill attached to a home here. It also gives owners a way to take the Board back: five years after the declaration was recorded, the owners of 75 percent of the lots may change who sits on the Board, withdraw its powers, or restore them, by recording an amendment. Two practical obligations fall on the owner rather than any association: every lot carries one exterior light post in the front yard, at the owner's expense, set at least twenty-five feet back from the right-of-way line; and lots adjoining Juday Creek have to meet the floodway and flood-fringe requirements of the Indiana Department of Natural Resources.

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