[retiredguy123]

Originally Posted by JustSomeGuy

New law hitting the books in Florida.

Can we agree that if you buy a home knowing it has deed restrictions and do not read them then the buyer has some blame in buying an out of compliance home? All of us signed documents at closing saying we would follow these regulations as written. All of us. Some do things they know or should know (if they read the documents) are violations and wait for someone to turn them in. That is not how covenants are set up to work. The villages chooses to put homeowner against homeowner vs. enforcing the documents. It takes the average homeowner, who wants a neighborhood that follows certain guidelines, and put them against another homeowner, who chose to violate what they signed at closing. Admit it, the only reason to have the complainant disclosed is so the violator can use peer pressure to avoid compliance. There is no other reason to disclose the person complaining but to stop people from trying to get the deed restrictions enforced out of fear of repercussions. No other reason. Deed Restrictions/Covenants for the most part are crystal clear, yes or no questions. Anyone reading them can determine if their is an issue in 95% of the cases. If you violate a covenant and dispute it your fight is not with the neighbor who reported you. It is with the covenant issuing body. Only benefit to knowing who complained is to the person violating the documents. They want to pressure an individual homeowner in advance with fear of being "outed" so they get to do what they want no matter what they agreed to when they signed their closing documents. Most violators bring things into compliance. All of us agreed to follow the deed restrictions (you can't own a home and not agree) and no one, even those most vocal, can say they did not sign documents saying they would follow the deed restrictions. If they read them and understand them is not another neighbor's concern.

We are one good lawsuit away from losing the deed restrictions.

It is against Florida law to enforce covenants on one resident and not on another. Selective enforcement occurs when an association tolerates a violation by one owner and then chooses to undertake enforcement against another owner in connection with substantially the same violation. In White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979) the court found that there was selective enforcement and refused to enforce a restriction prohibiting children from residing in condominium units against an owner who proved that while his family was targeted for enforcement, the association at the same time was tolerating children residing in other units. The takeaway is that an association may not treat the same conduct as a violation in connection with one property and not a violation in connection with another.

Unenforced covenants can be reinstated with proper notice but violations in the past, during the period of enforcement, are not subject to the reinstated deed restrictions.(google Chattel shipping notice for case).

New law hb1203 - state summary...Homeowners' Associations; Providing requirements for certain community association managers and community association management firms; requiring certain associations to post certain documents on its website or make available such documents through an application by a date certain; providing that an association or its agent is not liable for the disclosure of certain information; requiring an association or any architectural, construction improvement, or other such similar committee of an association to apply and enforce certain standards reasonably and equitably; etc.

Are you saying that this new law applies to The Villages? The Villages does not have homeowners' associations. Homeowners' associations rules are not the same as deed restrictions. The Villages has deed restrictions that are unique to each property. The deed restriction document for one property may prohibit lawn ornaments, but another property's document may allow them. But, the homeowners' associations rules are the same for every property within the community. Apples and oranges.