Quote:
Originally Posted by Jazuela
Federal law supercedes community rules. That means the community rules are invalid. This means, from a legal standpoint, that the rule needs to be removed. It -cannot- be complied with, yet new homeowners who don't spend hours reading government websites and the deed restrictions of a 100k+ community aren't likely to know that, nor would it occur to them to even check. It's not a grey area. It's clearcut. The Villages is not, by law, allowed to impose this particular rule on its residency.
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This is a general problem. Companies are caught all the time with clauses in contracts that are unenforceable or illegal. As Jazuela points out, most people aren’t lawyers and don’t know. Companies take advantage of that. They are swindling their customers with these practices.
TV’s deed restrictions fall under that umbrella. Maybe the restrictions used to be valid, but they aren’t any more. They should be removed, or TV is lying to their residents. They are ruling by intimidation and relying on ignorance of the law.
And this has drifted away from lawn ornament rules to deed restrictions in general,but I think it’s still an important topic.