
02-22-2024, 11:34 AM
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Sage
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Join Date: Aug 2016
Location: village of Fenney, Ford City, Pa., and Hudson, Ohio
Posts: 4,664
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Quote:
Originally Posted by JustSomeGuy
Those covenants that are not universally enforced by the CDD legally can't be selectively enforced on just those who get a complaints. Florida legal precedent (such as Hallmark of Hollywood Condominium Association Inc. v. Andrews, Case 2003-09-2380) says that if a covenant is not enforced evenly then it can't be enforced. A complaint does not change that. Lawn ornaments are either allowed or not allowed by the CDD. The CDD can give notice and start enforcing a covenant again, grandfathering old violations (Chattel Shipping and Investment Inc. v. Brickell Place Condominium Association Inc., 481 So.2d 29 (FLA. 3rd DCA 1986) but that is not the case in The Villages. If someone challenges the CDD and quotes the precedent the lawyers should stop enforcement since it will open up that CDD to legal action. The CDD has the responsibility to enforce all covenants and restrictions evenly. Waiting for a complaint is ignoring this responsibility. It puts the CDD at risk of losing the power to enforce a specific covenant (not all, just those selectively enforced), such as lawn ornaments. The CDD has a duty to all who sign the deed restrictions to enforce those restrictions.
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Not true and it's going through the court system right now. The CDD is following the restrictions by taking action on any complaint as they are enforced only after a complaint is received per the deed restrictions.
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