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Old 08-08-2018, 06:31 AM
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Goldwingnut Goldwingnut is offline
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This is very confusing at times and reviewing the deed restrictions for my property again makes for interesting and somewhat unnerving reading. I live in a CYV and have the exterior wall to the subdivision in my backyard.

The first attachment is "the District's" responsibilities, basically it says they'll maintain the outside and top of the wall. Seems pretty straight forward on initial review. What's important here is what is not said.

The second attachment is the homeowner's responsibility. The disconcerting part here is where it says the homeowner is responsible for the structural integrity of the wall. Translated to a simple example, if a car from outside the wall drive through the wall, the homeowner is responsible for the repairs. So unless one could prove gross negligence or other culpability the homeowner will be responsible for maintaining the wall except for cleaning and painting the outside.

The interior walls are simple, you clean your side, your neighbor cleans their side, if it needs repairs you work it out between yourselves.

Similar statements exist in the deed restrictions for non-villa homes who share the wall and fence structures.

As the owner of lot 9 mentioned in these document I have responsibility for just over 220 feet of this wall (plus 35' of PVC fence), nearly 4 times the average of the rest of the residents in my community who have the exterior wall. I knew this going in, read it in the documents prior to signing the closing documents, asked several questions about this during my closing (one of many areas I really annoyed the people during my closing!), so this is no surprise to me.

My restrictions are just over 4 years old and I just read a few of the deed restrictions documents for other Villa units in the Fenney/CDD-12 area and they all read pretty much the same. The gross translation to all of this is that the district is responsible for keeping the show side (outside) pretty and the homeowners are responsible for the inside and the wall itself. Some may say it's not fair or right but the bottom line is that it's what's in the contract that we signed when we purchased the home.

I think most, if not all, Villa owners will agree that the risks and expenses are very small compared to the value of the added privacy we enjoy.
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