Talk of The Villages Florida - View Single Post - Arc approval seems to be flawed
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Old 06-18-2024, 06:58 PM
JustSomeGuy JustSomeGuy is offline
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Quote:
Originally Posted by Bill14564 View Post
CDD is not an HOA no matter how many times you assert otherwise. The CDD has NO power to change the deed restrictions, only the Developer can do that.
Never said CDD was HOA.... they take on the powers of an HOA by rule they passed.... it was in the answers you complained about - here it is again.... Note CDD docs refer to powers granted by 190... Florida law under the section 190 (190 creates CDD's) referenced above give the CDD's the option to pass a rule giving them the powers of an HOA. 190.012 Special powers; public improvements and community facilities (4)(a) To adopt rules necessary for the district to enforce certain deed restrictions pertaining to the use and operation of real property within the district and outside the district pursuant to an interlocal agreement under chapter 163 if within another district or, if not within another district, with the consent of the county or municipality in which the deed restriction enforcement is proposed to occur. For the purpose of this subsection, the term “deed restrictions” means those covenants, conditions, restrictions, compliance mechanisms, and enforcement remedies contained in any applicable declarations of covenants and restrictions that govern the use and operation of real property and, for which covenants, conditions, and restrictions, there is no homeowners’ association or property owner’s association having respective enforcement powers unless, with respect to a homeowners’ association whose board is under member control, the association and the district agree in writing to enforcement by the district. The district may adopt by rule all or certain portions of the deed restrictions