Here's the thing: rules are rules. However, sometimes, rules become obsolete. The world evolves, and rules have to be capable of evolving as well. If that weren't the case, we'd still have slavery, we'd still have Salem witch trials, alcohol would still be illegal, and you'd be stoned to death if you were caught having an affair.
This community began over 30 years ago. I'm guessing that most, if not all, of the original residents are dead, replaced by the next generation. Many of THOSE people are now dead or in assisted living or similar, replaced by the generation after that.
Do you really think the new generation LIKES every single deed restriction? Do you truly believe that every single resident agrees with every single rule, and that none of them would love the opportunity to tweak them a little, to accommodate the next sets of generations to follow? Do you think that the tastes of 60-year-old people back in the 1990's are exactly the same as the tastes of 60-year-old people in 2020? Do you honestly believe that everyone who moves to the Villages thinks "nope, I agree with every single rule, there isn't a single rule that I don't really like, but will live with because the rest of the rules are fine?"
Some of the restrictions aren't even enforceable, because state or federal law supersedes them.
The #1 example would be the no TV antenna restriction. It is not enforceable. By law. The Villages is not -allowed- to enforce that restriction. Therefore, the restriction is obsolete, and should be either removed, or an addendum written to declare that the ARC will not attempt to enforce it, even if it has to remain in the deed. The "no clotheslines" restriction - cannot be enforced, by law.
There are also differences between "deed restrictions" and "community standards." The deed restrictions are not all that detailed. I've read most of them, because I couldn't figure out which one applied to my property when we were looking to buy.
The community standards are detailed. They specify the exact color palette allowed for painting a house, the material allowed for replacing the siding or roof, the types of grass allowed to be planted, the proportions of stone to growing landscaping allowed, etc. etc. etc. Those things can ALL be changed, they are not part of the actual covenants.
A cross can be re-categorized as a religious symbol, rather than a lawn ornament. A planter shaped like a garden gnome can be changed from "allowed, because it's a planter" to "not allowed, because it is intentionally bypassing the no garden gnome rule."
All these fuzzy little details can be changed, even with the existing restrictions, because the restrictions are not detailed and it's up to the ARC/Community Standards people to decide which details apply, and which don't.
|