Buyer Beware - Buying a Home in The Villages?

[APovi]

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.

[Marathon Man]

How do you handle existing 'Non-Compliance'?
--Excellent question

Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
--Deed restrictions can and do vary. A home must meet the restrictions of the CDD where it is located.

Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
--No

Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
--That is a great idea. I've not heard of anyone doing that, but you could be starting something big.

I've seen this problem reported many times but never any solutions.
-- You may have the beginnings of a solution.

[Laker14]

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.

All of the deed restrictions are available online. You could read them and check them yourselves before you offer, or if you have a contingency in your offer, you could check them all between offer acceptance and closing.

Or you could hire the clipboard ladies to do a drive-by.

[Papa_lecki]

Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
--That is a great idea. I've not heard of anyone doing that, but you could be starting something big.

Any seller who would agree to that is crazy.
It’s like getting a guarantee the roof leaks.
All deed restrictions are available online, or ask seller for it.

We hear about all the non compliance, but what percent of existing homes is it?

Although it is not a criminal charge, the 6th amendment (the right to face accuser) should apply. Or at least the spirit of the 6th amendment.

[Bill14564]

All of the deed restrictions are available online. You could read them and check them yourselves before you offer, or if you have a contingency in your offer, you could check them all between offer acceptance and closing.

Or you could hire the clipboard ladies to do a drive-by.

Not sure it is possible to check all possible compliance issues. I see my house now but how do I know what the approved color pallet was? Those rocks on the front yard that match my neighbor’s, the driveway that is two inches too wide, that hardscaping that is one foot too close to the road, the birdcage that is six inches too wide…. I don’t know today, after owning the house almost six years, whether there is some sudden compliance issue I am not aware of.

What is needed is an inspection from Community Standards that certifies the home is compliant as sold.

[Papa_lecki]

Not sure it is possible to check all possible compliance issues. I see my house now but how do I know what the approved color pallet was? Those rocks on the front yard that match my neighbor’s, the driveway that is two inches too wide, that hardscaping that is one foot too close to the road, the birdcage that is six inches too wide…. I don’t know today, after owning the house almost six years, whether there is some sudden compliance issue I am not aware of.

What is needed is an inspection from Community Standards that certifies the home is compliant as sold.

If the clipboard ladies can do it……

[asianthree]

Not sure it is possible to check all possible compliance issues. I see my house now but how do I know what the approved color pallet was? Those rocks on the front yard that match my neighbor’s, the driveway that is two inches too wide, that hardscaping that is one foot too close to the road, the birdcage that is six inches too wide…. I don’t know today, after owning the house almost six years, whether there is some sudden compliance issue I am not aware of.

What is needed is an inspection from Community Standards that certifies the home is compliant as sold.

It would be fair but CS isn’t going to put that effort out there with such a small staff.

But one can take pics and stop by the office to ask if these were arc approval paint, drive, landscape, and so on. So if buyer chooses not to put forth an effort, then shouldn’t complain if out of compliance.

We did that at 2 preowned, one had ARC approval. One none. We choose wisely

[Bill14564]

It would be fair but CS isn’t going to put that effort out there with such a small staff.

But one can take pics and stop by the office to ask if these were arc approval paint, drive, landscape, and so on. So if buyer chooses not to put forth an effort, then shouldn’t complain if out of compliance.

We did that at 2 preowned, one had ARC approval. One none. We choose wisely

Regardless of the general “holier than thou” attitudes, most buyers won’t know to do that.

[Altavia]

It would be fair but CS isn’t going to put that effort out there with such a small staff.

But one can take pics and stop by the office to ask if these were arc approval paint, drive, landscape, and so on. So if buyer chooses not to put forth an effort, then shouldn’t complain if out of compliance.

We did that at 2 preowned, one had ARC approval. One none. We choose wisely

Very wise. This should be the responsibility of the buyer just like a home inspection.

Wondering if there are there any home inspectors who do this for an additional charge?

It may be impossible to "guarantee" compliance given the ambuguity and inconsistentant enforcement of deed restrictions. But they should be able to point out anything major.

[asianthree]

Regardless of the general “holier than thou” attitudes, most buyers won’t know to do that.

Actually many who are first time buyers usually want that new house smell, and buy new. Out of the 50 plus people who looked at one of our preowned houses, only 3 were new to TV.

[frayedends]

I just bought new in Lake Denham. It never crossed my mind that the developer would build it out of compliance. Nevertheless I did read through the deed restrictions very carefully and nothing I saw would be a concern.

[asianthree]

I just bought new in Lake Denham. It never crossed my mind that the developer would build it out of compliance. Nevertheless I did read through the deed restrictions very carefully and nothing I saw would be a concern.

Developer makes the rules, so none of the new builds would ever be out of compliance. That only happens when the property is sold, and is no Longer property of TV

[frayedends]

Developer makes the rules, so none of the new builds would ever be out of compliance. That only happens when the property is sold, and is no Longer property of TV

Makes sense. Just the op had (new or pre owned) in the post.

[asianthree]

Makes sense. Just the op had (new or pre owned) in the post.

Post should be listed as preowned, not new. But OP is asking if buying a new house needs to be checked, for compliance, that answer is NO. You will find those who have lived here for many years, know that every house developer builds will be in compliance at the time of build.

However, at our third house, the color palette changed from some of the original colors 8 years later. If your color was no longer approved, you had to get approval to repaint the same color. Landscaping is usually the big culprit of non compliance issues, as is driveway design. Next on the list, lawn ornaments.

[MrChip72]

Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
--That is a great idea. I've not heard of anyone doing that, but you could be starting something big.


In my experience, when we bought our new home in DeLuna, most of the brand new homes would pop up for a few days of showings and then it was basically a lottery system to who gets to buy the home on the day when it was being released for sale.

If you were picked first and decided you didn't want it, it would go to the 2nd person that was selected. Some of the homes on my street had something like 8-10 people that had an offer to buy. I heard it was even more people in Richmond on most home sales. There was no offer/counteroffer or asking for conditions involved.

[frayedends]

In my experience, when we bought our new home in DeLuna, most of the brand new homes would pop up for a few days of showings and then it was basically a lottery system to who gets to buy the home on the day when it was being released for sale.

If you were picked first and decided you didn't want it, it would go to the 2nd person that was selected. Some of the homes on my street had something like 8-10 people that had an offer to buy. I heard it was even more people in Richmond on most home sales. There was no offer/counteroffer or asking for conditions involved.

This is correct for new homes. The developer does not allow contingencies. The price is the price. 10% down in 7 days. Close in 30 days.
Sales in Lake Denham aren’t going quite so fast. But all the preserve/view lots did sell. But again no contingencies allowed. They do sometimes lower prices or offer things like washer dryer.

[Bjeanj]

…
Although it is not a criminal charge, the 6th amendment (the right to face accuser) should apply. Or at least the spirit of the 6th amendment.

Technically, the accuser is The Villages/your district. The person who reports something simply reports it, and The Villages determines whether there is a violation. If there is, they inform you. They are the accuser.

[Catalina36]

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.

Not sure what you are after?? There have been thousands of homes sold, new and preowned. Your question is Do these homes meet meet compliance?? Compliance meaning to receive a CO a "Certificate of Occupancy??? In NY when a home is built the the work is inspected during the various stages of completion. Foundation, Framework, Electrical, Plumbing, Insulation, sheetrock etc. etc. Each phase of construction must meet a Building Code to be approved or be in compliance as you would say?? Compliance to be a standard of building codes?? In Florida the CO / final inspection by "The Building Official""quote" is proof that the structure is habitable. So, you can do 2 things 1.) Hire a Inspector/Engineer to inspect the house before you purchase. I understand he wont be able to inspect inside walls, look at the foundation, there is only so much that a house inspector could see? #2) Don't buy a home in Florida. Best of Luck. I am Happy with my preowned home in The Villages. I am here 3 years and have found no issues.

[shaw8700@outlook.com]

How do you handle existing 'Non-Compliance'?
--Excellent question

Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
--Deed restrictions can and do vary. A home must meet the restrictions of the CDD where it is located.

Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
--No


Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
--That is a great idea. I've not heard of anyone doing that, but you could be starting something big.

I've seen this problem reported many times but never any solutions.
-- You may have the beginnings of a solution.

And is the information solely for the homeowner, meaning a buyer can’t get the information prior to going into escrow?

[Topspinmo]

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.

As you can see nobody knows that till complaints are filed. Probably why some CDDs are looking to change rules on complaints?

Some say you should know the rules of 13 plus districts before buying. I’m not in that group… IMO new to area buyer couldn’t possibly know that…

[BrianL99]

As you can see nobody knows that till complaints are filed. Probably why some CDDs are looking to change rules on complaints?

Some say you should know the rules of 13 plus districts before buying. I’m not in that group… IMO new to area buyer couldn’t possibly know that…


Most every post in this thread, illustrates why novice buyers should hire an attorney when they buy a home and not rely on a Title Company, who does nothing more than act as an Insurance Broker for a Title Company.

Yes, it would be easier if Florida used a system like most other states and required a "Certificate of Compliance" prior to Title transfer, but they don't and it's not likely to change soon. Hire a lawyer.

[ithos]

Now this is pushing the envelope. Can't believe this went unreported for 12 years. You see more cars than house. An anonymous complaint was recently filed. New home owners found out the hard way about CDD compliance. (Source in local newspaper)

[Normal]

A document that would help the buyer is disclosure about any changes the seller did after buying the home. Most states require a disclosurer document. Our title guy gave us one to fill out when we sold our last home. We filled it out and it was witnessed when the buyer received it.

[Minoletti]

why shouldn't compliance w cdd vs non be part of a home inspection?

it would drive the price of inspections up I am sure

[Skunky1]

Any realtor or real estate agent operating in the villages should know about this problem and address it for their buyers. Failure to do so could be compensable I would believe. At the very least they should be reported to the department of business and professional regulation of the state of Florida (DPBR).The seller should’ve provided you with a disclosure statement prior to final acceptance of the contract. If they fail to include the discrepancy I would believe that would be compensable too.

[Klearhead]

How do you handle existing 'Non-Compliance'?
--Excellent question

Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
--Deed restrictions can and do vary. A home must meet the restrictions of the CDD where it is located.

Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?


I've seen this problem reported many times but never any solutions.
-- You may have the beginnings of a solution.

--No....Since it's possible that each independent development has different qualifications or standards. Only the owners would know what if any changes to the existing home or property have been made. The entire issue of compliance would need to be removed from every deed issued by "The Villages" on behalf of those developers. Good Luck with that one !

[danglanzsr]

Although it is not a criminal charge, the 6th amendment (the right to face accuser) should apply. Or at least the spirit of the 6th amendment.

The sixth amendment says
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

It grants the accused the right to face “witnesses” against him. It does not give the accused the right to confront those who may have brought his actions to the attention of the authorities. In The Villages, the “little old ladies with clipboards” are not necessarily witnesses against the accused. They are more like “confidential informants”. No law gives the accused the right to confront confidential informants for obvious reasons.

[dewilson58]

Failure to do so could be compensable I would believe.
I would believe that would be compensable too.

Nope
&
Nope

[Marathon Man]

And is the information solely for the homeowner, meaning a buyer can’t get the information prior to going into escrow?

I'm not sure what information you are referring to. If it is the deed restrictions, they are available to anyone online.

[Klearhead]

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.

...The current compliance mandates offer nothing to the buyer that would allow for a challenge. "The Villages" are not responsible for the changes. These claims are made on behalf of those "developers". The actual reason behind these issues is the "Tax Act" that's been around in one form or another since 1776. The State and County does not want a resolution simply because these issues are County and State revenue builders. One might Argue or suggest to the Courts that when the last home in any development has been sold that these deeded requirements are passed onto those current homeowners and no longer a required matter of legal interest to the Developer. Good Luck with that !

[Marathon Man]

--No....Since it's possible that each independent development has different qualifications or standards. Only the owners would know what if any changes to the existing home or property have been made. The entire issue of compliance would need to be removed from every deed issued by "The Villages" on behalf of those developers. Good Luck with that one !

I have no idea what this means. A walk around the property and a knowledge of the restrictions is all it takes to spot violations that might eventually be reported.

[NoMo50]

The sixth amendment says
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”

It grants the accused the right to face “witnesses” against him. It does not give the accused the right to confront those who may have brought his actions to the attention of the authorities. In The Villages, the “little old ladies with clipboards” are not necessarily witnesses against the accused. They are more like “confidential informants”. No law gives the accused the right to confront confidential informants for obvious reasons.

The key words in the 6th Amendment, as applied to the topic at hand, are "criminal prosecutions." Violation of any deed restrictions is not a criminal matter.

[crazygery]

All of the deed restrictions are available online. You could read them and check them yourselves before you offer, or if you have a contingency in your offer, you could check them all between offer acceptance and closing.

Or you could hire the clipboard ladies to do a drive-by.
Clipboard ladies, is that code for a hit team. I was looking into the Villages but don’t want to be whacked for a violation

[Dlbonivich]

Seller’s are required to disclose any defect in the property that they have been made aware of. If the homeowner has been notified that the house is not in compliance they must disclose or face a possible law suit after closing. If you have a buyer’s agent, they should be able to check with the powers above as to if there is a known compliance problem. No one can predict or know about a problem with compliance if it has not already been identified. Every unit with in a district has their own deed restrictions. Your “buyers agent” should be able to direct you to those documents. Good luck
Andrea Bonivich, Sellstate Superior Realty

[midiwiz]

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.


The actual answer is -

There is NO solution for this. The reason is that whether it's CDD or HOA, C&Rs change over time. The buyer has no idea what was or wasn't approved and when, nor does anyone have an idea IF said 'infraction' was pre-existing or not, as in approved when it was ok and now that it isn't , etc. In the case of pre-existing that change is supposed to be grandfathered in and that's all there is to it.

The actual problem is the queaky wheel aka "Karen" that has no clue what was and wasn't approved or even changed in the governing docs, but yet will BM&C until she is satisfied.

Fix the "Karens" you fix the problem.

[lorilorilori]

The Agents of the Developer/Villages has a duty to disclose any violations.
The sellers have a duty to disclose any violations
Agents of Realtors have a duty to disclose any violations.
Therefore, "Buyers Beware" can rely on the Developer/Villages/Seller/Agents to disclose
and any non-disclosures should entitle them to sue the Developer/Villages/Agents/Seller for "non-disclosure."

[dewilson58]

The Agents of the Developer/Villages has a duty to disclose any violations.
The sellers have a duty to disclose any violations
Agents of Realtors have a duty to disclose any violations.
Therefore, "Buyers Beware" can rely on the Developer/Villages/Seller/Agents to disclose
and any non-disclosures should entitle them to sue the Developer/Villages/Agents/Seller for "non-disclosure."

:1rotfl::1rotfl::1rotfl:
Thank you, I enjoyed that.
:clap2:

[Switter]

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.

That's what I did. I checked with ARC if anyone had ever submitted anything for approval on the property. The house I bought had been painted and turns out they never got approval. I told them they would have to get retroactive approval for me to purchase it.

[Bill14564]

Now this is pushing the envelope. Can't believe this went unreported for 12 years. You see more cars than house. An anonymous complaint was recently filed. New home owners found out the hard way about CDD compliance. (Source in local newspaper)

This is exactly the problem. The driveway was there for 10 years before the home was sold. The driveway did not look out of place as there are at least four other homes in the neighborhood with large driveways. Looking at the pictures on the Assessor's website shows the driveway just as it is today. What would give a buyer a reason to suspect anything might be wrong?

I, as a cynical Villager, might suspect everything is wrong from the color of the shingles to the landscaping, the large driveway, and even the material used for the driveway. I *might* think to call Community Standards / Deed Compliance and ask them about the home but even then, what would I ask? It has been suggested that the question, "is my home compliant?" will be met with a statement that there are no active complaints against the home. That does not answer the question that was asked and does not help the prospective buyer.

Perhaps the answer is that I should ask Community Standards to review the exterior of the home and ascertain whether any non-approved changes were made or certify that the home is in compliance. This is precisely the deed-compliance inspection/certification that ought to be made available for all sales. Yes, it might require more work, but so be it.

[Bill14564]

That's what I did. I checked with ARC if anyone had ever submitted anything for approval on the property. The house I bought had been painted and turns out they never got approval. I told them they would have to get retroactive approval for me to purchase it.

Great catch, but what led you to believe the house had been painted?

[bragones]

That's what I did. I checked with ARC if anyone had ever submitted anything for approval on the property. The house I bought had been painted and turns out they never got approval. I told them they would have to get retroactive approval for me to purchase it.

Can you get retroactive approval?

[pablo cruze]

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.
Hello,

I applaud you for having the foresight to look into compliance violations prior to close.

The villages sales peddlers will not help you. Their only metric is to sell houses fast. It would be against their process to request owners to disclose known or potential violations.

There may be good CDD sups that could help you. However not in CDD7. Jerry will promise to help you in private, but will burn you at the hearing. I believe Klinko has a violation with his flag pole, yet has the audacity to judge against others who have not created violations, but inherited from previous owners. Colman and Judi often have their trash at the curb days before pick-up (repeat offenders), and have close neighbors that have suspect violations. I believe Coleman’s neighbor has structure infringing onto golf course easement. Judi’s neighbor on Ambrosia has trees and bushes about 7 feet from the road. They were the most adamant to impose fines on me for the beautiful twin palm sylvester and the majestic Bismark that the previous owner installed. It cost me a lot to get them taken out, and the sups felt that they still needed to collect some more than 50% of the imposed fine to pad their spending. Make no mistake, they work for Blocker, not the homeowners that they are supposed to represent.

My suggestion to you is to contact Community Stds. Phone: 352-751-3912.
You need to file a complaint on the home that you are interested to purchase. They are only complaint driven, and cannot look into compliance issues without a logged complaint.
Identify anything that you may suspect (exterior house color, driveway design, roof material, roof color, type of rocks used in landscape, position of landscape, trees, bushes, stack walls, curbing), They will investigate and you can get the findings. If everything is good then you will have documentation that the homesite is free of violations. Even if the landscape is the most aesthetically appealing on the block, but has violations, the existing homeowner must tear it down, before they can sell.

[pablo cruze]

:1rotfl::1rotfl::1rotfl:
Thank you, I enjoyed that.
:clap2:
haha haha haha
yeah that was delusional

[jparsoneau@aol.com]

Do a compliance check on the property to make sure it’s in compliance before you purchase it
Or have your real estate agent, then put it in writing that they’ve checked, which I’m sure they will not unless they have checked

[pablo cruze]

Now this is pushing the envelope. Can't believe this went unreported for 12 years. You see more cars than house. An anonymous complaint was recently filed. New home owners found out the hard way about CDD compliance. (Source in local newspaper)
they should have gotten a larger garage, or just park in the street.

[RRGuyNJ]

This CDD stuff is a pain. I'll let the owner worry about it and rent occasionally.
I hate that "Kiss the ring lifestyle." when it comes to doing home improvements. Fortunately I have great neighbors that take good care of thier property. All three of them! LOL
ARC want compliance, then yes, they should do inspections before any sale. Just like they do Cert of Occupancy inspection in some parts of the country. Yes, it would take a huge staff given the amount of property that changes hands there,
Great place to visit but I'm not ready to say I would want to live there.

[Vermilion Villager]

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.
Most states are "Buyer Beware" or "As Is".
When we bought our home in 2021 we were required to sign documents stating we had received a copy of the deed restrictions. At closing we had to do it again. They are not that complicated, and are very easy to read, and as someone has already posted available online.
In real estate you can write any contingency you want into the contract. It's up to the seller to agree to that to make it binding. Of course another offer can come in that is non-contingent. 2 to 3 years ago when the housing market was red hot there were multiple offers on every home. I'm sure a lot of buyers had concerns about deed restrictions but felt they had to accept the risk just to get the house. Now they're paying the piper.

Another poster opines on being able "to face your accuser". The other villages publication puts out Clickbait articles daily on FB about this. I for one think this is a distraction as it makes no difference as to whether you know the person who filed the complaint. Your home is compliant with the deed restriction or it isn't... It's a simple yes or no question. :ho:

[Vermilion Villager]

Technically, the accuser is The Villages/your district. The person who reports something simply reports it, and The Villages determines whether there is a violation. If there is, they inform you. They are the accuser.

Finally someone gets it!!!!

[Bill14564]

Do a compliance check on the property to make sure it’s in compliance before you purchase it
Or have your real estate agent, then put it in writing that they’ve checked, which I’m sure they will not unless they have checked

The results of the compliance check may be that there are no active complaints against the property. That is all well and good but that doesn't mean the property is compliant, just that no one has filed a complaint.

[neilbcox]

When we bought and sold our home in Hillsborough County the title companies we closed with required a statement which cost me $500 from the CDD and HOA that our home was in compliance and clear of money owed! Do they not do this here?

[dewilson58]

When we bought and sold our home in Hillsborough County the title companies we closed with required a statement which cost me $500 from the CDD and HOA that our home was in compliance and clear of money owed! Do they not do this here?

Nope

[Dusty_Star]

Now this is pushing the envelope. Can't believe this went unreported for 12 years. You see more cars than house. An anonymous complaint was recently filed. New home owners found out the hard way about CDD compliance. (Source in local newspaper)

The owners didn't find out 'the hard way' at all, after review it was decided the driveway was A OK. (Source local newspaper)

[jimmy o]

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.
This is not a TV enigma. This is every home in America. Nearly every home everywhere would fail a full compliance test. For instance: I did a few years of Real Estate back in Illinois ( Cook County, often referred to as Crook County). The town of Cicero abutting Chicago was considered by many as even more corrupt than Chicago.

Every home sold in Cicero had to pass a compliance test before a sales stamp approval. No home could pass, period. The inspector would write up the found violations, then the home owner would correct the issues, then the inspector would write up some more violations and home owner would correct; and on and on until homeowner coughed up $900 to pay for “pre-certification”.

Some of the violations were: #6 electrical screw not used in light socket instead of #8; Drain gutter downspout attached in two spots to house instead of three; water softener 4 inches away from wall instead of 6. No I’m not making this up.

The point I’m making is that violations can always be found if you look hard enough. An inspection to cover everything would cost at least a couple thousand. Don’t open a can of worms. If you think you see some obvious violation, yes address that; otherwise just relax most of us don’t have that many years left, shy spend then worrying?

[Jokomo]

Any seller who would agree to that is crazy.
It’s like getting a guarantee the roof leaks.
All deed restrictions are available online, or ask seller for it.

We hear about all the non compliance, but what percent of existing homes is it?

Although it is not a criminal charge, the 6th amendment (the right to face accuser) should apply. Or at least the spirit of the 6th amendment.

You correctly state that the 6th Amendment gives you the right to face your accuser in a criminal case. Nothing in the spirit of the Amendment gives you the same right in a civil proceeding, possibly because the stakes are so much lower. In a deed case, there is no need to confront the reporting person. The issue is whether a deed restriction has been violated. Motive, malice, financial gain don’t matter. Either there’s a violation or there isn’t. It’s shocking to me that so many people (generally well educated, middle class or higher) believe that the contracts they sign aren’t worth the paper they’re printed on, and try to shift the blame for their noncompliance to others who have the right to expect the compliance that protects the community as a whole.

[Bill14564]

The owners didn't find out 'the hard way' at all, after review it was decided the driveway was A OK. (Source local newspaper)

Which paper was that? The only thing I can find in the online paper which shall not be named is this from 11/3:

went to the ARC seeking retroactive approval, but were denied

[David_H]

Just to let you know that the builder and city inspectors can screw up. I purchased a new under construction home in a different state, I was measuring the lot for future landscaping plans and I found that the entire house was mislocated on the lot by about 4 feet closer to the road and was in violation with the HOA standards.

I ended up talking to the city engineer and negotiating with the builder to get an exemption / approval from the HOA.

And it took the builder two additional attempts to get the survey correct.!

[GizmoWhiskers]

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.
FL real estate contracts have a Seller Disclosure addendum (for title company closings at least and reputable sales). On the Disclosure Seller signs off that there are no deed restriction issues AND that they made proper application for any changes or improvements on the property. If T V is imposing fines then I would seek legal opinion on breach of contract with the seller. I would also ask about the selective enforcement in T V.

(Line 3h on FL Realtor Seller Disclosure Form)

[Marathon Man]

This CDD stuff is a pain. I'll let the owner worry about it and rent occasionally.
I hate that "Kiss the ring lifestyle." when it comes to doing home improvements. Fortunately I have great neighbors that take good care of thier property. All three of them! LOL
ARC want compliance, then yes, they should do inspections before any sale. Just like they do Cert of Occupancy inspection in some parts of the country. Yes, it would take a huge staff given the amount of property that changes hands there,
Great place to visit but I'm not ready to say I would want to live there.

And yet, here you are making comments. You already live here in your mind.

[LianneMigiano]

Regardless of the general “holier than thou” attitudes, most buyers won’t know to do that.Many people -especially as early as the "just looking" stage - have NO IDEA about CDD's, MUCH LESS WHICH ONE that particular home is in!

[Pairadocs]

Now this is pushing the envelope. Can't believe this went unreported for 12 years. You see more cars than house. An anonymous complaint was recently filed. New home owners found out the hard way about CDD compliance. (Source in local newspaper)

That is nothing, we should post some pictures from our neighborhood. 3 cars and a truck MINIMUM, never seen them ever put clubs on a cart and appear to be going to play, but they always have a minimum of 3 carts on the drive along with their constant addition of more vehicles. Perhaps but a few of the cars, or carts in the garage ? No possible way, their home's garage has never been less than packed solidly to the garage door, once up there is not enough space to actually walk into the garage. Huge trucks with one or more trailers come and go constantly, day or night. LONG trailers are often unhitched from the truck or trucks, hitch is put on blocks on the street, and sometimes they even put a cone behind the long trailers, and there they sit, in the street, for days and days, often blocking a neighbor's drive partially. Neighborhood watch constantly driving past all this, never snapping a picture though the number of complaints from the neighbors must be overwhelming by now. Finally one neighbor did some investigation, turns out the owner is a very important employee of the Villages. No hope of changing this situation.When they first moved in, the moving company boxes stayed in the garage for months and their three vehicles and all their golf carts sat out. At least 6 months later, they finally got all their furniture unpacked and the garage was empty for several days, but then the trucks began rolling in, unloading all kinds of furniture, filling the garage completely to the door again. It truly is busier and has longer hours than any furniture store in the area... LOL !

[APovi]

How do you handle existing 'Non-Compliance'?
--Excellent question

Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
--Deed restrictions can and do vary. A home must meet the restrictions of the CDD where it is located.

Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
--No

Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
--That is a great idea. I've not heard of anyone doing that, but you could be starting something big.

I've seen this problem reported many times but never any solutions.
-- You may have the beginnings of a solution.

============
Apparently Real Estate Licencees, not just 'Realtors, but all (Sales and Brokers) are obligated to disclose to a buyer, not just 'Known Adverse Conditions' but also anything which would have been discovered with 'due diligence".
At least one legal opinion says that gives a 'damaged' buyer, grounds for suing the Real Estate Professionals involved (Salesperson and their broker) upon discovery.
This is based on the same concept as their legal obligation to disclose conditions like Radon, Lead Based Paint, Existing Code Enforcement action and many others., .
So we just need one 'injured party' to sue their Sales-person/broker and, maybe they will all avoid the future possibility of selling 'damaged goods!

[Normal]

The Villages represent the sales of non compliance homes because they don’t place much care into their work or products. Just like Altavia, Asianthree and others reference, it’s about too being short on staff etc. That’s why there is a lack of professionalism which contributes to their poor customer treatment.

Whether obvious mismanagement is due to time or poor staffing is irrelevant. Those that bought noncompliance homes represented by Villages sales staff still need to pay to ameliorate the issues. Fines and expenses still exist whether you can attribute it to the non professionalism, or uneducated potential buyers.