View Full Version : The Villages - Understanding Your Restrictive Covenants
JCMSr
10-27-2021, 02:49 PM
It seems as though a week does cannot go by that I read a comment/question on TOTV related to what can or cannot be done to one’s home here in The Villages. For those of you who are looking for answers to these types of questions I offer the following simple two word response that you can apply to just about any issue you can bring up ……….”It depends”. Can I paint my house pink with purple trim? It depends! Can I remove all my grass and concrete the entire area? It depends! Can I have 5 cats, 2 dogs and 2 sheep? It depends!
Each and every person or entity who owns a home within The Villages is legally bound to comply with a set of covenants, conditions and/or restrictions which are tied to your specific property. Depending upon your county of residence, your district and even your unit/house number the answer to your questions may be different. Guidelines for designer homes are different from patio homes or courtyard villas. A courtyard villa located in District 7 may have different rules than the same model villa located in District 10 and so on. Even if you are willing to state the location and type of home for which you are making an inquiry the chances of getting an accurate response from your fellow readers are probably less than 50% even from the best hearted of those that reply. Add to the mix the trolls who love to stir the pot with comments like “Do whatever you want. After all you are the one paying for the home” and the accuracy percentage is probably even less.
Why take a chance without first doing your homework. Just because your neighbor did something does not mean that it was in compliance. Just because your landscape contractor says you do not need ARC approval does not mean he is correct. More importantly understand that you as the property owner are the one required to sign any ARC request forms and you are ultimately responsible for making sure all work is done in compliance with any covenants, conditions or restrictions.
One simple phone call to Community Standards can put you in contact with a staff that can provide you with accurate, up to date (yes, sometimes the rules change) and helpful information. Are you 100% certain whether your property contains easements and how far they extend? How often have you read about someone deciding to remove all his grass and installing stone because they no longer wanted to keep cutting the grass only to end up paying someone to come back and remove the stone and install new sod? How about the poor folks who spent significant funds landscaping their property only to be told that the area was actually a special easement and everything must be removed? Guess who ended up footing the bill for all the rework? Certainly not the contractor and most certainly not your fellow TOTV followers! Many folks try to transfer the blame to the complainant when confronted with a violation and potential fines but I have never heard of the complainant having to pay to fix the problem either! Be smart and be safe. Understand the rules and save yourself the aggravation.
Now before the negative responses about the unfair reporting systems or the “I never agreed to any restrictions” group start to chime in think about these issues:
• Where is it written that we are a 55+ restricted community?
• Where is it written that we agree to pay amenity fees?
The answer is these issues are also part of your Declaration of Restrictions. Surely you read and understood those parts of the agreement. You cannot cherry pick the items you agree to and those you do not. It is an all or none. You live here so obviously somewhere along the line you signed a legal document that said you agreed to abide by these rules and regulations. Otherwise, you would not be the legal owner.
Just to be clear, I am not an attorney nor am I an employee of the developer. I am simply a fellow resident of The Villages and one of the main reasons I moved here is because I liked what I saw and how things were managed. Having lived in other areas where such rules and regulations did not exist and seeing the what can happen minus reasonable controls no longer agrees with me or my pocketbook. Do I agree 100% with everything? Of course not, but if it really bothered me that badly I also know there are proper ways to try and incorporate changes. Obviously, ignoring the current rules and regulations is not, in my opinion, an option.
Gpsma
10-27-2021, 03:14 PM
Time to fight and end these restrictive deeds issues.
Great for the esteemed, honored, all saintly Developer...praises and blessings be upon him....but....
That still sells houses to the cornhuskers who need to see the same thing over and over.
Sorry, place is getting too big to still cater to people from Mayberry.
Its a city now..
We need diversity
charlieo1126@gmail.com
10-27-2021, 03:51 PM
My eyes glazed over half way through , some people have lots of time on there hands
JCMSr
10-27-2021, 05:36 PM
My eyes glazed over half way through , some people have lots of time on there hands
LOL I cannot disagree with Charlie however my strong feelings on this issue overloaded my sense of brevity. Hope this helps those with sleep deprivation issues.
Michael G.
10-27-2021, 05:49 PM
Picture a community without these rules and regulations and step outside TV.
I think you will be happy to honor the system we have.
Like I wrote many times before: "Old Florida and New Florida"
Bogie Shooter
10-27-2021, 06:18 PM
Time to fight and end these restrictive deeds issues.
Great for the esteemed, honored, all saintly Developer...praises and blessings be upon him....but....
That still sells houses to the cornhuskers who need to see the same thing over and over.
Sorry, place is getting too big to still cater to people from Mayberry.
Its a city now..
We need diversity
Lot of thought went into this post………..
Bogie Shooter
10-27-2021, 06:19 PM
My eyes glazed over half way through , some people have lots of time on there hands
Yes, but he is right!
charlieo1126@gmail.com
10-27-2021, 06:26 PM
lot of thought went into this post………..sarcasm ??
charlieo1126@gmail.com
10-27-2021, 06:29 PM
Yes, but he is right! yes he is , when I’m living in a city I enjoy the chaos when I’m in villages I enjoy the order
Trayderjoe
10-27-2021, 06:29 PM
Time to fight and end these restrictive deeds issues.
Great for the esteemed, honored, all saintly Developer...praises and blessings be upon him....but....
That still sells houses to the cornhuskers who need to see the same thing over and over.
Sorry, place is getting too big to still cater to people from Mayberry.
Its a city now..
We need diversity
When we bought here, we were presented with the covenants/restrictions which we CHOSE TO READ before we signed on the dotted line. There was no one with a gun to our head, nor were we given 5 minutes to review the paperwork-our obligation before signing a legally binding document was to read and understand, and if we didn't agree, then JUST SAY NO to buying here.
There were no guarantees anywhere in the documents that The Villages would stop building, nor was there an exclusion based upon race, creed, political affiliation, or sexual orientation (throw in any I may have forgotten since I would have remembered them HAD THEY BEEN LISTED). The restriction that we were presented with was that this was an age restricted community (55+) and that people under 19 could not live here. So what diversity is needed?
One always has the option to sell their home and move elsewhere if one finds these deed issues too restrictive, since there are people, myself included, who moved here in part BECAUSE OF these covenants.
charlieo1126@gmail.com
10-27-2021, 06:44 PM
I approve this post
wereback
10-27-2021, 07:39 PM
The day that all the restrictions are removed we all lose $100000. in the value of our house. They need to have stronger enforcement not less.
Luggage
10-28-2021, 05:01 AM
Even most townships and counties have zoning laws and many special laws restricting what you can do for your property, most people would not want to see as an example of commercial dump truck opposite them every single day parked in front of their house. Many years ago I lived in New Jersey where my neighbor across the street stored his sailboat in his backyard and he was unfortunately sued by his real neighbor. There are also many cases of Long haul truckers parking near rigs in front of their homes. Of course the villages is very strict for a good reason they wanted controll totally, so whether you live in a town home a villa an apartment or a million dollar home you are restricted here for very good reasons and I don't understand people who don't research before they buy here and then complain
rhood
10-28-2021, 05:19 AM
Sometimes I don't think they are restrictive enough. Neighbors across from us have three vehicles and a construction trailer parked in their driveway all the time and a motorcycle on the front porch. Legal ? Yes !
NotGolfer
10-28-2021, 06:20 AM
There's always those who want to change the rules to suit their likes etc. Up North we called them NIMBY's (not in my back yard). They moved into a community because they "liked" what they chose to see but didn't want change to come that would alter that. We've moved a fair amount of times and always, depending on the community, there were restrictions and rules. I think there will be folks always wanting to press against that and see how far they can get. We all moved here because we were attracted to the area for one reason or many. Early on.....there were some naysayers on ToTV that sounded much like the ones here (against the developer and such). The question was put to them, "so why don't you move?" The answer came back, "because I like the life-style!" Really???!!!! The Life-style is what brought us here along with the ambiance of the place. It's NOT a city as someone said and not set up as that, though the size is increasing. Just by living here we ALL are contributing to what we see and experience (traffic etc.).
LuLinn
10-28-2021, 06:22 AM
We bought here BECAUSE of the deed restrictions. We like a nice, tidy neighborhood.
hampton
10-28-2021, 07:05 AM
Time to fight and end these restrictive deeds issues.
Great for the esteemed, honored, all saintly Developer...praises and blessings be upon him....but....
That still sells houses to the cornhuskers who need to see the same thing over and over.
Sorry, place is getting too big to still cater to people from Mayberry.
Its a city now..
We need diversity
For the people who want to end these restrictive deeds issues, moving is an alternative.
midiwiz
10-28-2021, 07:20 AM
the day that all the restrictions are removed we all lose $100000. In the value of our house. They need to have stronger enforcement not less.
smh
G.R.I.T.S.
10-28-2021, 07:34 AM
Time to fight and end these restrictive deeds issues.
Great for the esteemed, honored, all saintly Developer...praises and blessings be upon him....but....
That still sells houses to the cornhuskers who need to see the same thing over and over.
Sorry, place is getting too big to still cater to people from Mayberry.
Its a city now..
We need diversity
Are you kidding me??!
nick demis
10-28-2021, 07:44 AM
Time to fight and end these restrictive deeds issues.
Great for the esteemed, honored, all saintly Developer...praises and blessings be upon him....but....
That still sells houses to the cornhuskers who need to see the same thing over and over.
Sorry, place is getting too big to still cater to people from Mayberry.
Its a city now..
We need diversity
No one forced me to move here and if I don't like the conditions, no one can force me to NOT move.
Dilligas
10-28-2021, 07:59 AM
Time to fight and end these restrictive deeds issues.
Great for the esteemed, honored, all saintly Developer...praises and blessings be upon him....but....
That still sells houses to the cornhuskers who need to see the same thing over and over.
Sorry, place is getting too big to still cater to people from Mayberry.
Its a city now..
We need diversity
Ocala, Leesburg, Orlando, and others are near by for your ‘diversity’.
Mikee1
10-28-2021, 08:06 AM
If you don't like the restrictions, which you knew of before you closed, or should have, LEAVE. You came here for a reason, thus you made a decision to move here. If you now don't like your decision, admit you made a bad decision and MOVE. Do not try to make it what you want it. Most here like and will fight you all the way. At the rate it is growing, one can assume it is a popular idea. If it is not yuor ideal, MOVE.
DAVES
10-28-2021, 09:58 AM
It seems as though a week does cannot go by that I read a comment/question on TOTV related to what can or cannot be done to one’s home here in The Villages. For those of you who are looking for answers to these types of questions I offer the following simple two word response that you can apply to just about any issue you can bring up ……….”It depends”. Can I paint my house pink with purple trim? It depends! Can I remove all my grass and concrete the entire area? It depends! Can I have 5 cats, 2 dogs and 2 sheep? It depends!
Each and every person or entity who owns a home within The Villages is legally bound to comply with a set of covenants, conditions and/or restrictions which are tied to your specific property. Depending upon your county of residence, your district and even your unit/house number the answer to your questions may be different. Guidelines for designer homes are different from patio homes or courtyard villas. A courtyard villa located in District 7 may have different rules than the same model villa located in District 10 and so on. Even if you are willing to state the location and type of home for which you are making an inquiry the chances of getting an accurate response from your fellow readers are probably less than 50% even from the best hearted of those that reply. Add to the mix the trolls who love to stir the pot with comments like “Do whatever you want. After all you are the one paying for the home” and the accuracy percentage is probably even less.
Why take a chance without first doing your homework. Just because your neighbor did something does not mean that it was in compliance. Just because your landscape contractor says you do not need ARC approval does not mean he is correct. More importantly understand that you as the property owner are the one required to sign any ARC request forms and you are ultimately responsible for making sure all work is done in compliance with any covenants, conditions or restrictions.
One simple phone call to Community Standards can put you in contact with a staff that can provide you with accurate, up to date (yes, sometimes the rules change) and helpful information. Are you 100% certain whether your property contains easements and how far they extend? How often have you read about someone deciding to remove all his grass and installing stone because they no longer wanted to keep cutting the grass only to end up paying someone to come back and remove the stone and install new sod? How about the poor folks who spent significant funds landscaping their property only to be told that the area was actually a special easement and everything must be removed? Guess who ended up footing the bill for all the rework? Certainly not the contractor and most certainly not your fellow TOTV followers! Many folks try to transfer the blame to the complainant when confronted with a violation and potential fines but I have never heard of the complainant having to pay to fix the problem either! Be smart and be safe. Understand the rules and save yourself the aggravation.
Now before the negative responses about the unfair reporting systems or the “I never agreed to any restrictions” group start to chime in think about these issues:
• Where is it written that we are a 55+ restricted community?
• Where is it written that we agree to pay amenity fees?
The answer is these issues are also part of your Declaration of Restrictions. Surely you read and understood those parts of the agreement. You cannot cherry pick the items you agree to and those you do not. It is an all or none. You live here so obviously somewhere along the line you signed a legal document that said you agreed to abide by these rules and regulations. Otherwise, you would not be the legal owner.
Just to be clear, I am not an attorney nor am I an employee of the developer. I am simply a fellow resident of The Villages and one of the main reasons I moved here is because I liked what I saw and how things were managed. Having lived in other areas where such rules and regulations did not exist and seeing the what can happen minus reasonable controls no longer agrees with me or my pocketbook. Do I agree 100% with everything? Of course, not but if it really bothered me that badly I also know there are proper ways to try and incorporate changes. Obviously, ignoring the current rules and regulations is not, in my opinion, an option.
These sort of issues are everywhere. Through business I met a German guy. He is married to a Duchess. They live in a castle on a huge piece of property. I don't recall why it came up in our lengthy conversations but he has a dispute with a neighbor about a tree. If, I recall the tree has been there for centuries. He directly told me he is stalling.
Under German law in another 20 years the tree is grandfathered and his neighbor can no longer do anything about it.
I am amused. Foreign country, the guy is married to royalty, they live in a castle and have the same issue we fight about.
For us add to the confusion that the rules are not the same in all villages. Unfortunately,
you the homeowner is caught up in this. Not all contractors are legitimate. Do they know the regulations? Reminder they are not the same in every village. Have they, if necessary filed plans and had them approved.
We keep hearing about the trolls. Do they truly exist or is it one villager? I wonder what happened to the tattle tale in third grade? I expect like the rest of us they got one day older each day of their lives and moved to the villages.
HORNET
10-28-2021, 10:04 AM
Read the papers that YOU signed
billethkid
10-28-2021, 10:10 AM
I detect a strong odor of............ bait!
mcwood4d
10-28-2021, 10:15 AM
Frankly, I agree with the OP and further might suggest that all new homeowners read this entire thread...
DAVES
10-28-2021, 10:30 AM
There's always those who want to change the rules to suit their likes etc. Up North we called them NIMBY's (not in my back yard). They moved into a community because they "liked" what they chose to see but didn't want change to come that would alter that. We've moved a fair amount of times and always, depending on the community, there were restrictions and rules. I think there will be folks always wanting to press against that and see how far they can get. We all moved here because we were attracted to the area for one reason or many. Early on.....there were some naysayers on ToTV that sounded much like the ones here (against the developer and such). The question was put to them, "so why don't you move?" The answer came back, "because I like the life-style!" Really???!!!! The Life-style is what brought us here along with the ambiance of the place. It's NOT a city as someone said and not set up as that, though the size is increasing. Just by living here we ALL are contributing to what we see and experience (traffic etc.).
I find this amusing, perhaps ironic. Not is my back yard is not a northern thing, it is a world wide thing. Probably exists on the space station as well.
Law, rules some trying to see how far they can push things, that too is a world wide thing that probably also exists on the space station.
Nothing anywhere is perfect and that is true here as well.
There are posts from people who chose to live here seeking diversity. I also find that amusing. I don't know, I assume they are talking about race an endless issue. Am I a racist-no I am not. Yet I am white so some scream I am a racist. Truth if I simply don't care what they think they have zero power.
In terms of diversity. Hum you need to be 55 to buy here. Diversity, could we get all to agree to let kids in? These posts. Could we get everyone here to agree on anything?
is that not the definition of diversity?
Is it growing or am I just more aware, and less tolerant of it. For far too many people they think I am right so anyone who does not agree with me is wrong. Condi Rice says,
if all your friends agree with you you need some new friends. Where we have allowed ourselves to sink. I have an e-mail-all my friends agree with me so I am unfriending you.
That is truth. That is not the only one-just the clearest simplest example.
Larchap49
10-28-2021, 10:32 AM
For the people who want to end these restrictive deeds issues, moving is an alternative.
Think boat on trailer that may or may not ever move, parked on the grass next to your neighbors driveway. A truck to pull it parked in the driveway because it won't fit in the garage. A basketball hoop and stand next to the driveway. A commercial work truck in front of the house restricting easy access to and from your driveway etc & etc. The list could go on and on. Do you want any or all of this on your street or next door. Rules are always hard to except but within reason they are necessary to preserve what we have and stop the degradation of our neighborhoods.
vagent711
10-28-2021, 10:34 AM
Outstanding Post. I would love to see it reposted every month for those new to the TOTV.
Again, well done!
DAVES
10-28-2021, 10:50 AM
For the people who want to end these restrictive deeds issues, moving is an alternative.
My view, you can be happy or miserable anywhere. No place is perfect any yet people expect and demand perfection.
Alternatives. Posted elsewhere. I met a guy who lives in a castle in germany on a huge piece of property. Never came up. Who do your call for plumbing a castle? Water heat etc. Besides my finances would not cover it.
Before moving to the villages perhaps just to annoy my wife, I saw an ad for an island for sale. We did not look. One house on the island, you could buy your own kingdom with a herd of wild horses. Iisted at around 10 acres price a million. A former business associate bought 140 acres in North Carolina with his brother. He is normal, far as I know or knew.
There is no shortage of alternatives.
JoMar
10-28-2021, 11:03 AM
Time to fight and end these restrictive deeds issues.
Great for the esteemed, honored, all saintly Developer...praises and blessings be upon him....but....
That still sells houses to the cornhuskers who need to see the same thing over and over.
Sorry, place is getting too big to still cater to people from Mayberry.
Its a city now..
We need diversity
Just stirring the pot, he/she isn't that ignorant.
Villages Kahuna
10-28-2021, 11:07 AM
If you’ve already closed on your Villages house or villa—it’s too late.
Even if you didn’t read the restrictive covenants, it wouldn’t make any difference. They’re the same for everyone and are ‘non-negotiable’. It’s either agree to the covenants or go find another house in Florida to buy.
But it is important to read and understand the restrictions of the covenants. If you violate them, you will find yourself either paying a hefty fine and/or being required to ‘undo’ any construction or improvements you’ve paid for, putting your home and property back to a condition which satisfies the covenants you agreed to. The Villages is well known for enforcing the deed restrictions ‘to the letter’. Getting the Developer to agree to variations to the covenants is as impossible as negotiating changes before you close on your house.
Cheryl Barrios
10-28-2021, 11:08 AM
I moved here because of how The Villages looked - first and foremost. I saw a community with mowed lawns, beautiful landscaping, clean, the fact that most of the people who live here are retired or near to it and they are nice, that I have a community with rules to keep everything beautiful INSTEAD OF a community with no room to walk on the street or drive a golf cart because the streets are flooded with vehicles, many inappropriate for a neighborhood street, sofas on the front porch, weeds three feet tall in the yards, golf courses, trails, nature areas, and the area in general destroyed because the community is filled with people who don't care about anyone but themselves (me, me, me). Why do I paint such a picture? Go to any major city in the US and that is what you will see in areas that don't have some type of rules and regulations. I don't care how big this place gets. I care about the place I live. I didn't move here to be surrounded by people I don't want to live by, I moved here to be surrounded by people I do want to live by. I hate it when the holier-than-though crowd start shouting we need diversity, we need the rules all changed, we need this and we need that, all in an effort to change the community we all chose to move to. People who moved here could have moved anywhere. If they wanted to go to the squares to eat and shop, they could have lived outside of TV to do that. If people wanted to live next door to people with dogs barking all night long, dirt for their yard, noise, and a mess in general, they could have moved to so many other communities and cities - it didn't have to be here. I worked hard to get where I have gotten and I don't need it destroyed because some people here don't want to follow the rules that have been established to keep our community, for the most part, beautiful, clean, and safe.
We already see where some problematic people live here and/or they bring their problematic adult children with them - those with criminal or mental issues, alcoholism, or drug addiction. You see people complain about them or, on the flip side, think they all need psychiatric/personal help. Yes, people that live here only need to be able to financially afford the home they purchased and at least 80% (if I'm correct) need to be 55+. They don't have to be perfect people - none of us are. But they, we, have to pay our bills and follow the rules.
If we don't want to do those things, we can sell our homes and move. Now is a great market for sellers. Houses aren't on the market long and many times are going for more than asking price. If people find it hard to live here, consider selling your home. Make a big profit on it and move else where. It is easy to do. You will be happier - unless you move to another community with rules that you don't want to follow.
Bogie Shooter
10-28-2021, 11:15 AM
Outstanding Post. I would love to see it reposted every month for those new to the TOTV.
Again, well done!
Which post?
Indydealmaker
10-28-2021, 11:37 AM
Time to fight and end these restrictive deeds issues.
Great for the esteemed, honored, all saintly Developer...praises and blessings be upon him....but....
That still sells houses to the cornhuskers who need to see the same thing over and over.
Sorry, place is getting too big to still cater to people from Mayberry.
Its a city now..
We need diversity
Diversity, solely for the sake of diversity is not sustainable.
JMintzer
10-28-2021, 11:42 AM
Just stirring the pot, he/she isn't that ignorant.
Now, now... Never underestimate people!
JMintzer
10-28-2021, 11:43 AM
Which post?
I'd like to say my post, but they most probably were commenting on the OP...
Alana33
10-28-2021, 01:27 PM
My olders sister's both own homes in the Villages.
When I decided to move to be closer to them, I chose a home nearby but not in Villages mainly because of the HOA, deed restrictions and covenants. I didn't like the cookie cutter look of the small properties and the prices were higher for what you get.
I'm 5 minutes away from them, have a lovely 3bed/2bath, 2 car garage, a large workshed and additional covered parking attached to shed, it has completely fenced large area for dogs around the pool, brick and block house with a new roof, on 1/2 acre in a very nice, quiet, older neighborhood. The house was move in ready except for painting interior to my liking and refinishing garage floor.
The property has lovely flowers and plantings, pineapple, orange, lemon, avocado, sugar apple mango and other trees. I see no neighbors behind me due to large growth trees and don't hear any noise from neighbors nor do they have any unsightly yards, etc., and we have no HOA, covenants, deed restrictions. Just regular zoning laws.
Bogie Shooter
10-28-2021, 01:47 PM
I'd like to say my post, but they most probably were commenting on the OP...
So, you really don't know.....right? Only the poster would know....
Bogie Shooter
10-28-2021, 01:50 PM
My olders sister's both own homes in the Villages.
When I decided to move to be closer to them, I chose a home nearby but not in Villages mainly because of the HOA, deed restrictions and covenants. I didn't like the cookie cutter look of the small properties and the prices were higher for what you get.
I'm 5 minutes away from them, have a lovely 3bed/2bath, 2 car garage, a large workshed and additional covered parking attached to shed, it has completely fenced large area for dogs around the pool, brick and block house with a new roof, on 1/2 acre in a very nice, quiet, older neighborhood. The house was move in ready except for painting interior to my liking and refinishing garage floor.
The property has lovely flowers and plantings, pineapple, orange, lemon, avocado, sugar apple mango and other trees. I see no neighbors behind me due to large growth trees and don't hear any noise from neighbors nor do they have any unsightly yards, etc., and we have no HOA, covenants, deed restrictions. Just regular zoning laws.
Glad you are happy....
BTW there is no HOA in The Villages.
JMintzer
10-28-2021, 05:53 PM
So, you really don't know.....right? Only the poster would know....
Hence, my "most probably" caveat...
JCMSr
10-29-2021, 09:56 AM
When I finally decided to compile this thread the intent was to attempt to give the residents of The Villages some food for thought before making changes to the exterior of their homes without going through the necessary review and approval process. Since the initial posting I have not read any new posts asking other TOTV readers for answers to their typical "Can I do ___________" (fill in the blank). Hopefully that indicates that a few people read and took to heart my comments in the spirit they were written. Naturally there will always be a select few that want to change everything to fit their own personal tastes. Not that change is always a bad thing but in this case I feel that "If it ain't broke, don't try to fix it". Most of the reply's to date have been polite and positive. It makes me once again remember why I chose to live here. Thanks for putting up with my long windedness.
Just to remind everyone Community Standards is a valuable (and free) resource for getting your questions answered in regard to the rules and regulations before you begin work. One thing I learned from being a contractor for almost 40 years. Doing things right might cost you a bit more in the beginning but doing it wrong will usually cost you three times as much when you consider the initial install, the removal or tear out, and finally the reinstall. Keep that in mind when you think about cutting corners.
Riversong
10-31-2021, 03:08 PM
It seems as though a week does cannot go by that I read a comment/question on TOTV related to what can or cannot be done to one’s home here in The Villages. For those of you who are looking for answers to these types of questions I offer the following simple two word response that you can apply to just about any issue you can bring up ……….”It depends”. Can I paint my house pink with purple trim? It depends! Can I remove all my grass and concrete the entire area? It depends! Can I have 5 cats, 2 dogs and 2 sheep? It depends!
Each and every person or entity who owns a home within The Villages is legally bound to comply with a set of covenants, conditions and/or restrictions which are tied to your specific property. Depending upon your county of residence, your district and even your unit/house number the answer to your questions may be different. Guidelines for designer homes are different from patio homes or courtyard villas. A courtyard villa located in District 7 may have different rules than the same model villa located in District 10 and so on. Even if you are willing to state the location and type of home for which you are making an inquiry the chances of getting an accurate response from your fellow readers are probably less than 50% even from the best hearted of those that reply. Add to the mix the trolls who love to stir the pot with comments like “Do whatever you want. After all you are the one paying for the home” and the accuracy percentage is probably even less.
Why take a chance without first doing your homework. Just because your neighbor did something does not mean that it was in compliance. Just because your landscape contractor says you do not need ARC approval does not mean he is correct. More importantly understand that you as the property owner are the one required to sign any ARC request forms and you are ultimately responsible for making sure all work is done in compliance with any covenants, conditions or restrictions.
One simple phone call to Community Standards can put you in contact with a staff that can provide you with accurate, up to date (yes, sometimes the rules change) and helpful information. Are you 100% certain whether your property contains easements and how far they extend? How often have you read about someone deciding to remove all his grass and installing stone because they no longer wanted to keep cutting the grass only to end up paying someone to come back and remove the stone and install new sod? How about the poor folks who spent significant funds landscaping their property only to be told that the area was actually a special easement and everything must be removed? Guess who ended up footing the bill for all the rework? Certainly not the contractor and most certainly not your fellow TOTV followers! Many folks try to transfer the blame to the complainant when confronted with a violation and potential fines but I have never heard of the complainant having to pay to fix the problem either! Be smart and be safe. Understand the rules and save yourself the aggravation.
Now before the negative responses about the unfair reporting systems or the “I never agreed to any restrictions” group start to chime in think about these issues:
• Where is it written that we are a 55+ restricted community?
• Where is it written that we agree to pay amenity fees?
The answer is these issues are also part of your Declaration of Restrictions. Surely you read and understood those parts of the agreement. You cannot cherry pick the items you agree to and those you do not. It is an all or none. You live here so obviously somewhere along the line you signed a legal document that said you agreed to abide by these rules and regulations. Otherwise, you would not be the legal owner.
Just to be clear, I am not an attorney nor am I an employee of the developer. I am simply a fellow resident of The Villages and one of the main reasons I moved here is because I liked what I saw and how things were managed. Having lived in other areas where such rules and regulations did not exist and seeing the what can happen minus reasonable controls no longer agrees with me or my pocketbook. Do I agree 100% with everything? Of course not, but if it really bothered me that badly I also know there are proper ways to try and incorporate changes. Obviously, ignoring the current rules and regulations is not, in my opinion, an option.
**********
I am hoping to retire to TV in 2022, but just had a friend warn me not to move there because of the “HOA” rules. I thought The Villages had no HOAs. Perhaps he had heard about the Declaration of Restrictions you mentioned. Is there a way to read them before I get involved in shopping for that new house? Thank you!
***********
TSO/ISPF
11-05-2021, 11:03 AM
When I finally decided to compile this thread the intent was to attempt to give the residents of The Villages some food for thought before making changes to the exterior of their homes without going through the necessary review and approval process. Since the initial posting I have not read any new posts asking other TOTV readers for answers to their typical "Can I do ___________" (fill in the blank). Hopefully that indicates that a few people read and took to heart my comments in the spirit they were written. Naturally there will always be a select few that want to change everything to fit their own personal tastes. Not that change is always a bad thing but in this case I feel that "If it ain't broke, don't try to fix it". Most of the reply's to date have been polite and positive. It makes me once again remember why I chose to live here. Thanks for putting up with my long windedness.
Just to remind everyone Community Standards is a valuable (and free) resource for getting your questions answered in regard to the rules and regulations before you begin work. One thing I learned from being a contractor for almost 40 years. Doing things right might cost you a bit more in the beginning but doing it wrong will usually cost you three times as much when you consider the initial install, the removal or tear out, and finally the reinstall. Keep that in mind when you think about cutting corners.
I did come across a deed restriction for my district/section that may not be to my liking but it's too late now.
IE: 2.20 Developer reserves the right to enter upon Homesites at all reasonable times for the purposes of inspecting the use of the Homesite and for the purpose of maintaining utilities located thereon.
Anyone ever been inspected??
villagetinker
11-05-2021, 11:24 AM
IMHO, only the people running a business out of their house or some other illegal type activity, and we have people once per month come on our property to read the electric meter and the water meters. I occasionally have people on the right of way at the back on my house when doing maintenance (we back on to another road). As for the inside of the house no.
TSO/ISPF
11-05-2021, 11:58 AM
IMHO, only the people running a business out of their house or some other illegal type activity, and we have people once per month come on our property to read the electric meter and the water meters. I occasionally have people on the right of way at the back on my house when doing maintenance (we back on to another road). As for the inside of the house no.
If homesite means the exterior of the home then that's a little less intrusive. I took it to mean interior as well.
Byte1
11-05-2021, 02:11 PM
If you’ve already closed on your Villages house or villa—it’s too late.
Even if you didn’t read the restrictive covenants, it wouldn’t make any difference. They’re the same for everyone and are ‘non-negotiable’. It’s either agree to the covenants or go find another house in Florida to buy.
But it is important to read and understand the restrictions of the covenants. If you violate them, you will find yourself either paying a hefty fine and/or being required to ‘undo’ any construction or improvements you’ve paid for, putting your home and property back to a condition which satisfies the covenants you agreed to. The Villages is well known for enforcing the deed restrictions ‘to the letter’. Getting the Developer to agree to variations to the covenants is as impossible as negotiating changes before you close on your house.
Not quite accurate. There are villages that have petitioned and had changes to the restrictions. I know of one village of courtyard villas that had a restriction of only one color, that now has a selection of different home colors. I know of restrictions against villas installing window shutters that now has window shutters. Also screened entryways. Changes can be made IF a neighborhood agrees and the proper process is utilized.
Deed restrictions are different for some districts and the same for others. Just because one wishes changes or deviations to the restrictions, does not mean that they are negative in nature. Whenever one decides to debate a small deviation from the restrictions, immediately we have those that shout that they will have old trucks on blocks in their front yards or purple homes. There are always exceptions to rules and laws. Ask any lawyer and they will find you an exception to even murder. A murder charge can be changed to a manslaughter conviction. A felony charge can be turned into a misdemeanor. By I digress. The point is that IF one wishes to make a legitimate change to their restriction, they should petition for a change and get the consensus of their neighbors. I can ride through a neighborhood in districts one or two and see a multitude of personalized properties. The property value has not been decreased as is the evidence that almost every home you see with a sale sign on it is also "pending" a sale. I drove through one neighborhood where one owner had bordered his landscaping with green beer bottles. I thought "how unusual" but even though it was not my cup of tea, I figured why should it bother me?
Deed restrictions are great and do make for a nice sterile, cookie cutter community. I have no problems with that. I also have no problems with minor adjustments that do not degrade the community into a slum. Rules and laws are flexible. Those rules and laws that are not flexible usually end up shattering eventually.
Point being made is, get permission to modify your property. If denied, then petition for a change in the rules. If denied, then live with it or move to a "nicer" environment. Kind of like, if you do not like a neighbor what do you do? Use the law or move.
Indydealmaker
11-05-2021, 02:42 PM
Time to fight and end these restrictive deeds issues.
Great for the esteemed, honored, all saintly Developer...praises and blessings be upon him....but....
That still sells houses to the cornhuskers who need to see the same thing over and over.
Sorry, place is getting too big to still cater to people from Mayberry.
Its a city now..
We need diversity
Deed restrictions cannot be changed once the original deed is transferred.
Indydealmaker
11-05-2021, 02:45 PM
Not quite accurate. There are villages that have petitioned and had changes to the restrictions. I know of one village of courtyard villas that had a restriction of only one color, that now has a selection of different home colors. I know of restrictions against villas installing window shutters that now has window shutters. Also screened entryways. Changes can be made IF a neighborhood agrees and the proper process is utilized.
Deed restrictions are different for some districts and the same for others. Just because one wishes changes or deviations to the restrictions, does not mean that they are negative in nature. Whenever one decides to debate a small deviation from the restrictions, immediately we have those that shout that they will have old trucks on blocks in their front yards or purple homes. There are always exceptions to rules and laws. Ask any lawyer and they will find you an exception to even murder. A murder charge can be changed to a manslaughter conviction. A felony charge can be turned into a misdemeanor. By I digress. The point is that IF one wishes to make a legitimate change to their restriction, they should petition for a change and get the consensus of their neighbors. I can ride through a neighborhood in districts one or two and see a multitude of personalized properties. The property value has not been decreased as is the evidence that almost every home you see with a sale sign on it is also "pending" a sale. I drove through one neighborhood where one owner had bordered his landscaping with green beer bottles. I thought "how unusual" but even though it was not my cup of tea, I figured why should it bother me?
Deed restrictions are great and do make for a nice sterile, cookie cutter community. I have no problems with that. I also have no problems with minor adjustments that do not degrade the community into a slum. Rules and laws are flexible. Those rules and laws that are not flexible usually end up shattering eventually.
Point being made is, get permission to modify your property. If denied, then petition for a change in the rules. If denied, then live with it or move to a "nicer" environment. Kind of like, if you do not like a neighbor what do you do? Use the law or move.
Actual Deed Restrictions Can't be changed once the original deed is transferred. However, there are local rules and regulations that are not enshrined in the covenants that may be modified.
Byte1
11-05-2021, 04:43 PM
Actual Deed Restrictions Can't be changed once the original deed is transferred. However, there are local rules and regulations that are not enshrined in the covenants that may be modified.
semantics:ho:
Indydealmaker
11-05-2021, 04:50 PM
semantics:ho:
Hardly semantics and not at all pure technicalities.
dewilson58
11-05-2021, 05:51 PM
Actual Deed Restrictions Can't be changed once the original deed is transferred.
Actually they can. :ho:
Indydealmaker
11-05-2021, 10:32 PM
Actually they can. :ho:
Ours can only be changed with the extremely unlikely approval by the developer or government override. Even if the original owner agreed to make a change, it is unlikely that your neighbors will go along without legal action.
Pairadocs
11-05-2021, 11:05 PM
My olders sister's both own homes in the Villages.
When I decided to move to be closer to them, I chose a home nearby but not in Villages mainly because of the HOA, deed restrictions and covenants. I didn't like the cookie cutter look of the small properties and the prices were higher for what you get.
I'm 5 minutes away from them, have a lovely 3bed/2bath, 2 car garage, a large workshed and additional covered parking attached to shed, it has completely fenced large area for dogs around the pool, brick and block house with a new roof, on 1/2 acre in a very nice, quiet, older neighborhood. The house was move in ready except for painting interior to my liking and refinishing garage floor.
The property has lovely flowers and plantings, pineapple, orange, lemon, avocado, sugar apple mango and other trees. I see no neighbors behind me due to large growth trees and don't hear any noise from neighbors nor do they have any unsightly yards, etc., and we have no HOA, covenants, deed restrictions. Just regular zoning laws.
A very reasonable and logical post to illustrate why the endless "arguments" and trash talk (in either direction, for or against) are an illustration of what is IMPORTANT to EACH individual. Many of the things you mentioned were concerns for us (thought the villages have no HOA fees (here we each pay for our own lawn care, there are not common services that are mandatory through HOA "fees", though there is an amenity fee we pay), but the point is, each has to take all that you mentioned into consideration. If a traditional garden is your retirement dream, the The Villages makes no sense at all. If high on your list is privacy, again, even the largest lot is not going to provide the kind of privacy another may have in mind. We gave us many of our "like to haves" in favor of "most important". For us, it was to be able to afford to play golf (nearly) everyday, and to reduce expenses considerably by being able to get to most any kind of shopping or entertainment, or medical attention in a golf cart. We recently had relatives move OUT of the Villages. They are near, but have FAR more land, FAR more privacy, and since they seldom swam, never played golf, were not at all interested in tennis or taking "lessons" from the volunteers who teach so many activities here, they are very happy to have a larger place, more land, and no amenity fees to pay. HOWEVER, they do find there are trade offs. Trips to the doctor or to have an eye exam are further away and take more time. Just a simple thing like wanting to make a batch of cookies and find you have no eggs left, can mean a lot more than a golf cart or bike ride to the grocery. They can, and do, come to listen to the free music the merchants provide to the public in our "squares", but, it's all a trade off. If we went to a public golf course 4-5 times a week, had to pay green fees (let's go low and say $35) and then rent a cart, and of course purchase a sandwich or snack, a modest price would be $50 per person per day of golf. That could be $400 a week (and of course probably more, $60 a round in winter is not unusual in Florida). So that was our priority. I have always marveled at the number of people who are willing to pay up to $160 a month for amenities they seldom,or never use, but many are perfectly willing and happy to do that. Others are put off at the thought because they are used to getting things like lawn care, SNOW removal (LOL), etc. included in HOA fees, but "amenity fees", to play bocci or shuffleboard, golf, or swim... "NO way" they say. So, every individual must take stock of what is most important to THEM, plus, what their budget will allow, and then explore their options ! We are happy to play our golf, our relatives are thrilled to have a fire pit in their yard, NO houses close enough to see what the neighbors are doing, and having a lovely garden of both vegetables and flowers. It's all relative as the old saying goes....
Malsua
11-06-2021, 05:14 AM
Glad you are happy....
BTW there is no HOA in The Villages.
There is no villages wide HOA.
There are communities within TV that have HOAs. I know that at some point, I think 15 years after our area was built, the developer notified us that they stop being responsible for flowers, tree and wall maintenance. A HOA was formed to cover these expenses.
I also know that 30 years after the covenants are enshrined, they expire. We(The HOA) had to hire a lawyer to continue them. They expired 10/31/21. 6 days ago. I haven't heard from our HOA president if everything was finished on time though.
It's happening to more than one of the areas right around Spanish Springs.
dewilson58
11-06-2021, 06:26 AM
Ours can only be changed with the extremely unlikely approval by the developer or government override. Even if the original owner agreed to make a change, it is unlikely that your neighbors will go along without legal action.
Glad to see you corrected your statement and agree with me.
:MOJE_whot:
biker1
11-06-2021, 07:22 AM
Everyone should read their own deed restrictions, at districtgov.org, as they do vary. My deed restriction is only 8 pages. For many of the CDDs, the deed restrictions do expire at 30 years but will automatically renew for successive 10 year periods unless some action is taken by the Developer. For many of the CDDs, it also appears that the Developer can unilaterally amend the deed restrictions.
There is no villages wide HOA.
There are communities within TV that have HOAs. I know that at some point, I think 15 years after our area was built, the developer notified us that they stop being responsible for flowers, tree and wall maintenance. A HOA was formed to cover these expenses.
I also know that 30 years after the covenants are enshrined, they expire. We(The HOA) had to hire a lawyer to continue them. They expired 10/31/21. 6 days ago. I haven't heard from our HOA president if everything was finished on time though.
It's happening to more than one of the areas right around Spanish Springs.
Malsua
11-06-2021, 09:06 AM
Everyone should read their own deed restrictions, at districtgov.org, as they do vary. My deed restriction is only 8 pages. For many of the CDDs, the deed restrictions do expire at 30 years but will automatically renew for successive 10 year periods unless some action is taken by the Developer. For many of the CDDs, it also appears that the Developer can unilaterally amend the deed restrictions.
I know ours did not automatically renew, and I just looked at the statutes and the law is pretty clear. It expires and action must be taken to renew it.
Chapter 720 - 2021 Florida Statutes - The Florida Senate (https://www.flsenate.gov/Laws/Statutes/2021/Chapter720/All#:~:text=(1)%20The%20purposes%20of%20this,the%2 0ability%20of%20such%20associations)
---------
720.3032 Notice of association information; preservation from Marketable Record Title Act.—
(1) Any property owners’ association desiring to preserve covenants from potential termination after 30 years by operation of chapter 712 may record in the official records of each county in which the community is located a notice specifying:
(a) The legal name of the association.
(b) The mailing and physical addresses of the association.
(c) The names of the affected subdivision plats and condominiums or, if not applicable, the common name of the community.
(d) The name, address, and telephone number for the current community association management company or community association manager, if any.
(e) Indication as to whether the association desires to preserve the covenants or restrictions affecting the community or association from extinguishment under the Marketable Record Title Act, chapter 712.
(f) A listing by name and recording information of those covenants or restrictions affecting the community which the association desires to be preserved from extinguishment.
(g) The legal description of the community affected by the covenants or restrictions, which may be satisfied by a reference to a recorded plat.
(h) The signature of a duly authorized officer of the association, acknowledged in the same manner as deeds are acknowledged for record.
(2) Recording a document in substantially the following form satisfies the notice obligation and constitutes a summary notice as specified in s. 712.05(2)(b) sufficient to preserve and protect the referenced covenants and restrictions from extinguishment under the Marketable Record Title Act, chapter 712.
charlieo1126@gmail.com
11-06-2021, 09:08 AM
I’ve moved 6 times here the last time in April , I’ve lived other places over last 22 years but have always kept a home here. I do not golf and the only recreation center I’ve been in is the Savannah Center and I pretty much stopped going there when the Sharon opened. I like it here for the order and the beauty of the place and that there are rules I also love city living for its chaos and energy.I’m 82 and fit but if I had some kind of medical problem or had trouble driving , the plan always has been to live in Boston where I could walk or just sit and absorb all the energy of city life
DonH57
11-06-2021, 09:19 AM
Not quite accurate. There are villages that have petitioned and had changes to the restrictions. I know of one village of courtyard villas that had a restriction of only one color, that now has a selection of different home colors. I know of restrictions against villas installing window shutters that now has window shutters. Also screened entryways. Changes can be made IF a neighborhood agrees and the proper process is utilized.
Deed restrictions are different for some districts and the same for others. Just because one wishes changes or deviations to the restrictions, does not mean that they are negative in nature. Whenever one decides to debate a small deviation from the restrictions, immediately we have those that shout that they will have old trucks on blocks in their front yards or purple homes. There are always exceptions to rules and laws. Ask any lawyer and they will find you an exception to even murder. A murder charge can be changed to a manslaughter conviction. A felony charge can be turned into a misdemeanor. By I digress. The point is that IF one wishes to make a legitimate change to their restriction, they should petition for a change and get the consensus of their neighbors. I can ride through a neighborhood in districts one or two and see a multitude of personalized properties. The property value has not been decreased as is the evidence that almost every home you see with a sale sign on it is also "pending" a sale. I drove through one neighborhood where one owner had bordered his landscaping with green beer bottles. I thought "how unusual" but even though it was not my cup of tea, I figured why should it bother me?
Deed restrictions are great and do make for a nice sterile, cookie cutter community. I have no problems with that. I also have no problems with minor adjustments that do not degrade the community into a slum. Rules and laws are flexible. Those rules and laws that are not flexible usually end up shattering eventually.
Point being made is, get permission to modify your property. If denied, then petition for a change in the rules. If denied, then live with it or move to a "nicer" environment. Kind of like, if you do not like a neighbor what do you do? Use the law or move.
Unfortunately some people don't realize also not all districts in the villages has the same restrictions, or covenants like some people call them. Using the restrictions to better the neighborhood is absolutely great. Using them to selectively target one neighbor and not the others creates issues.:ohdear:
biker1
11-06-2021, 09:19 AM
Which CDD are you in? Please note the the language "potential termination" in the statute. I am not an attorney but I can reasonably assume the deed restrictions were written by an attorney who was well aware of the statute. My deed restriction (CDD 10) acknowledge the 30 year time limit on the deed restrictions and then specifically states that it will automatically renew for successive 10 year periods (unless some action is taken). While I probably won't be here in another 20 years, when the 30 year time limit is reached, I believe it is reasonable to assume that what is in the deed restrictions, with regard to automatic 10 year renewal, will come to pass. If there is specific action required in 30 years for the 10 year renewal to happen, it is reasonable to assume the CDD (or Developer??) will take such action to follow the deed restrictions.
I know ours did not automatically renew, and I just looked at the statutes and the law is pretty clear. It expires and action must be taken to renew it.
Chapter 720 - 2021 Florida Statutes - The Florida Senate (https://www.flsenate.gov/Laws/Statutes/2021/Chapter720/All#:~:text=(1)%20The%20purposes%20of%20this,the%2 0ability%20of%20such%20associations)
---------
720.3032 Notice of association information; preservation from Marketable Record Title Act.—
(1) Any property owners’ association desiring to preserve covenants from potential termination after 30 years by operation of chapter 712 may record in the official records of each county in which the community is located a notice specifying:
(a) The legal name of the association.
(b) The mailing and physical addresses of the association.
(c) The names of the affected subdivision plats and condominiums or, if not applicable, the common name of the community.
(d) The name, address, and telephone number for the current community association management company or community association manager, if any.
(e) Indication as to whether the association desires to preserve the covenants or restrictions affecting the community or association from extinguishment under the Marketable Record Title Act, chapter 712.
(f) A listing by name and recording information of those covenants or restrictions affecting the community which the association desires to be preserved from extinguishment.
(g) The legal description of the community affected by the covenants or restrictions, which may be satisfied by a reference to a recorded plat.
(h) The signature of a duly authorized officer of the association, acknowledged in the same manner as deeds are acknowledged for record.
(2) Recording a document in substantially the following form satisfies the notice obligation and constitutes a summary notice as specified in s. 712.05(2)(b) sufficient to preserve and protect the referenced covenants and restrictions from extinguishment under the Marketable Record Title Act, chapter 712.
Malsua
11-06-2021, 09:38 AM
[QUOTE=biker1;2025966]Which CDD are you in? /QUOTE]
L-80 Courtyard.
It states that it is valid for 99 years and automatically renews every 10 years after that. While it's stated in there, it still expires. I'm not a lawyer, don't know what to tell you, this is what our lawyer told us. The Florida statute probably supersedes the document or came into effect after our document.
It wasn't a big deal other than the fact that our HOA wasn't really aware that it was necessary until about two weeks before it ran out so a meeting had to be called, someone had to be given authority to sign it and spend the money.
I believe this was done, but I've been up north for 12 days and just got back. I haven't caught up on all the stuff going on around here.
biker1
11-06-2021, 09:43 AM
OK, thanks for the info. I am sorry to hear that you folks needed to personally spend money on this.
[QUOTE=biker1;2025966]Which CDD are you in? /QUOTE]
L-80 Courtyard.
It states that it is valid for 99 years and automatically renews every 10 years after that. While it's stated in there, it still expires. I'm not a lawyer, don't know what to tell you, this is what our lawyer told us. The Florida statute probably supersedes the document or came into effect after our document.
It wasn't a big deal other than the fact that our HOA wasn't really aware that it was necessary until about two weeks before it ran out so a meeting had to be called, someone had to be given authority to sign it and spend the money.
I believe this was done, but I've been up north for 12 days and just got back. I haven't caught up on all the stuff going on around here.
queens_own_rifles
11-06-2021, 11:47 AM
Personally, i';m glad we have covenants and rules. It has made for a better place and kept those that would turn this into some crappy place largely away from here
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