Talk of The Villages Florida - View Single Post - Does an ARC decision override a deed restriction?
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Old 02-19-2025, 01:28 PM
Bill14564 Bill14564 is online now
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Most deed restrictions vary in small but potentially significant ways. Can you post the name/title of your deed restrictions (S8-160, M4-50, etc) so that we can read specifically what applies to your property?

Several places in my restrictions there is the phrase, "written consent of the Developer, or an architectural review committee appointed by the Developer." Perhaps the ARC believes that phrase applies to what you had requested.

Regrettably, the ARC approval form has the weasel words (yeah, my description), "(5) THE ARC CAN NOT APPROVE IMPROVEMENTS THAT ARE NOT PERMITTED BY THE RULE OR RESTRICTION SO EVEN IN THE EVENT OF APPROVAL, IT IS THE PROPERTY OWNERS' RESPONSIBILITY TO CONTINUE TO COMPLY WITH THE RESTRICTIONS." So while the ARC approval letter has value, investigation of a future complaint may determine that the approval was inappropriate and the improvement would have to be removed.

If it were me, I would gamble on the ARC approval being honored and I would continue with the work. A more conservative approach might be a conversation with the ARC about your concerns. A most conservative approach would obviously be to not move forward with the work.
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