Compliance

[Villager1234]

Is there any way to find out if a house is in compliance before you buy it

[Bill14564]

Is there any way to find out if a house is in compliance before you buy it

Not that I am aware of. There doesn't seem to be any service that will do an inspection looking for deed restriction violations. (if anyone knows of one, please post contact information)

You *can* work with the Community Standards Department to get some information. You can ask them if there have been any ARC approvals (and maybe disapprovals) for changes to the home. In particular, if there is a large amount of stone, a widened driveway, fancy shrub beds, or even a stone wall around the shrub beds then you would hope to find an ARC-approved application for those. Also, if you see something different about the home and those around it then you might ask Community Standards about that as well and hopefully they could tell you that it was either part of the original construction or added after an approval.

You might also be able to contact the county for any permits for work done on the home. I haven't tried this myself but it should be possible.

[Villager1234]

The whole system seems to be unfair. If the Villages can issue summonses they should have some way of checking to see if a house is in compliance. Is a copy of compliance requirements available?

[Chellybean]

This is a very simple solution! Have the seller sign a affidavit that the house is in compliance, and if it becomes an issue they will correct the out of compliance at there expense.

[Bill14564]

The whole system seems to be unfair. If the Villages can issue summonses they should have some way of checking to see if a house is in compliance. Is a copy of compliance requirements available?

It's a question of proving a negative. It is simple to point to something that is not in compliance but it is not so simple to look at everything and declare that nothing is out of compliance.

The officials that issue the notifications of violation do so after visiting the home and observing the specific deed violation noted in the complaint. No one (except the rumored clipboard ladies or an irritated neighbor) is looking at homes and trying to find violations.

Homes are required to comply with the deed restrictions which can be found on districtgov.org. It would also be useful to look at the Architectural Review Manual (https://www.districtgov.org/departments/community-standards/ArchReviewManuals.aspx) for the particular district. This manual is the guide to what will be considered a violation and what requires ARC approval. If there is something unique about exterior of the home, this manual will help you to determine if it required ARC approval; then you would ask Community Standards if approval was given.

Some potential violations could be difficult to determine. I am not aware of a good way to recognize if these things are in compliance:
- Shingle color. It would be out of compliance if it was changed from the original without approval but you wouldn't know just from looking at it what the original color was.
- House and trim color. Again, you don't know from looking at it whether it was changed without approval.
- Shrub bed size.
- Driveway width. It may look good but if the previous owner had it replaced and it is now 3" too wide then it is out of compliance.
- Stones in place of grass. If the stone in front of the home looks like the stone in front of all the other homes then you assume it is okay. Unfortunately for some, that is not always the case.

Any deviations from the as-built configuration need to have been approved to be compliant. I don't know if there is a place to find the as-built configuration to compare it to the current configuration.

[villagetinker]

This is a very simple solution! Have the seller sign a affidavit that the house is in compliance, and if it becomes an issue they will correct the out of compliance at there expense.

I agree and like your idea. I am hoping a real-estate lawyer will comment on this approach, this is really a concern in the Villas where many have removed grass and installed stone. I also imagine there would need to be a time limitation on the agreement. There was a recent article about a house purchased in 2017 that was just recently reported for being out of compliance from work done before the purchase.....

[Topspinmo]

Is there any way to find out if a house is in compliance before you buy it


No, you have to read through pages of lawyer’s jargon in each of the 13 plus districts cause they are not all same. Some say due diligence. But, there no way knowing unless you read every word in that district restrictions and have lawyer on call for interpretation.

IMO if house sold the compliances are nullified. But, about every house sold the new owners does upgrades with contractors that in most cases don’t care. This where the non compliance issues rises.

[Topspinmo]

This is a very simple solution! Have the seller sign an affidavit that the house is in compliance, and if it becomes an issue they will correct the out of compliance at there expense.

Like seller going to do that when they can’t even determine it it’s in compliance. If I was seller I say move along this house is not for you.

[Michael 61]

If I was purchasing a resale home, and the landscaping had been enhanced, or a birdcage or other structure was added to the home, you bet I would be asking for a copy of the ARC approval prior to purchasing the home.

[Topspinmo]

I agree and like your idea. I am hoping a real-estate lawyer will comment on this approach, this is really a concern in the Villas where many have removed grass and installed stone. I also imagine there would need to be a time limitation on the agreement. There was a recent article about a house purchased in 2017 that was just recently reported for being out of compliance from work done before the purchase.....

Patio villas.

[Topspinmo]

If I was purchasing a resale home, and the landscaping had been enhanced, or a birdcage or other structure was added to the home, you bet I would be asking for a copy of the ARC approval prior to purchasing the home.


You know that now but majority have no clue.

[retiredguy123]

Like seller going to do that when they can’t even determine it it’s in compliance. If I was seller I say move along this house is not for you.
I agree. As a seller, I would never sign an agreement like that. Also, Florida law has a very detailed disclosure process and legal format. The seller is only liable for defects that he/she is aware of at the time of sale.

[Laker14]

You might start with a conversation with those that enforce the standards, and just ask them what are the most common issues they run across. My guess would be lawn ornaments (those are easy to rectify), landscaping beds too close to the road, too much stone work replacing the grass, and whatever else they can tell you.

Then read the compliance standard for the particular district you are interested in, and then inspect the place yourself. Make sure you understand the most common issues, and bring a tape measure.
Personally, I wouldn't worry about roof color or paint and trim unless you see something glaringly obvious.

[Laker14]

If I was purchasing a resale home, and the landscaping had been enhanced, or a birdcage or other structure was added to the home, you bet I would be asking for a copy of the ARC approval prior to purchasing the home.

Good point. Any obvious enhancement should be easy to spot and relatively easy to track down.

[Brwne]

Is there any way to find out if a house is in compliance before you buy it

I helped a friend of mine buy a preowned home that had both a pool and "after market" landscaping. Through his Villages agent, the Seller was required to provide copies of the building permit and CO, for the pool, and an approved ARC application for the pool and landscaping. Fortunately, the Seller was the original owner and had copies of the building permit and CO. The Seller, though, had to document and file an ARC request for retroactive approval, which he received. BUT, we only knew to make those demands because of "local knowledge" - an out-of-the-area new buyer of a pre-owned home may not.

Seems to me, a non-Villages realtor, that is experienced in selling Villages preowned homes, would breach their fiduciary responsibilities by knowingly not verifying approvals that are a known requirement. The Villages agents are not Realtor's, though they do have real estate licenses. I am not sure how that changes their fiduciary responsibilities.

There is a potentially high demand service opportunity here - independent verification of compliance. Maybe, if that service was readily available, Villages agents would start offering that verification as part of the sales process.

Oh, if I were not retired...

[Babubhat]

Have an attorney draft the purchase agreement with remedy for non compliance. Don’t use the realtor to do it

[retiredguy123]

If The Villages were serious about deed restriction compliance, they would have a team to perform pre-sale inspections. Other communities, some that have an HOA, require these inspections.

[retiredguy123]

Have an attorney draft the purchase agreement with remedy for non compliance. Don’t use the realtor to do it
As a seller, if the remedy made me liable for a defect that I was not aware of, I wouldn't sell the house. Also, I don't think the listing broker would participate in the sale.

[Michael 61]

This is an important thread for those reading it, and currently living outside of The Villages. If you are not familiar with compliance and ARC approvals, PLEASE do your homework / research prior to purchasing a resale home. Unfortunately, you cannot rely on your real estate agent or sales rep to provide this vital information or warn you of the potential consequences of purchasing a resale home that is deemed “out of compliance”.

[Bill14564]

If The Villages were serious about deed restriction compliance, they would have a team to perform pre-sale inspections. Other communities, some that have an HOA, require these inspections.

The Villages isn't interested in deed compliance, they have assigned that authority to the CDDs. The CDDs feel they have a responsibility to enforce deed compliance but only when brought to their attention through a complaint.

IANAL but *maybe* the absence of a Villages-authorized or CDD-authorized pre-sale inspection to ensure deed compliance is due to concerns about liability or selective enforcement. If the CDD performs the inspection and that inspection misses something then they may lose their right to begin action against the violation in the future. This may also allow other homeowners to make a claim of selective enforcement if the CDD attempts to take action against a similar violation on their property. The best way to avoid this is for the CDDs to not look for violations themselves but to aggressively pursue action against any violations they are made aware of and this is how the CDDs are behaving today.

[retiredguy123]

It is a standard practice in the real estate industry that a seller must sign a disclosure statement that reveals all known defects in the property, or an "as is" non-disclosure statement. It is unreasonable to expect anything else from the seller. Buying a house can be risky.

[UsuallyLurking]

To determine whether a house is in compliance you need to look at the deed restrictions for the area (unit, in the District jargon), which is available on the District web site, and see if anything you see outside the house does not follow those restrictions. If anything is not in compliance you then need to see if any ARC application(s) have been filed and approved for that property that cover the out-of-deed-compliance items. That can also be done on the web site, though I have found it is clunky to do so. It is a lot of trouble, especially for someone not familiar with The Villages or deed-restricted communities. If you are buying a pre-owned home it would definitely be worth while have a discussion with your realtor about this.

[Babubhat]

So why can’t you ask the seller for copies of approval or require as condition of sale seller self report anything you are concerned about and get a clearance? Better to find out beforehand. Only way it gets definitely resolved

[retiredguy123]

So why can’t you ask the seller for copies of approval or require as condition of sale seller self report anything you are concerned about and get a clearance? Better to find out beforehand. Only way it gets definitely resolved
I agree. You can ask the seller to provide anything before the sale. But, after the closing, the buyer owns the house and the only recourse the buyer has at that point is if the seller failed to disclose a known defect on the disclosure document.

[margaretmattson]

As a seller, if the remedy made me liable for a defect that I was not aware of, I wouldn't sell the house. Also, I don't think the listing broker would participate in the sale.Out of compliance means an owner made structural or landscaping improvement to the home without permits or ARC approval. For example: added a pool or lanai without obtaining necessary permits. It has nothing to do with defects of a home.

[fdpaq0580]

Is it just me, or are we making a mountain out of a mole hill? Many landscapers, pool companies, construction, etc, have come and gone over the years. If something has been in place and there have been no issues or complaints over a certain period of so many years, it could be automatically grandfathered. Lot less muss and fuss for everyone.

[retiredguy123]

Out of compliance means an owner made structural or landscaping improvement to the home without permits or ARC approval. For example: added a pool or lanai without obtaining necessary permits. It has nothing to do with defects of a home.
Respectfully, I don't agree. Here is an excerpt from a standard disclosure statement used in Florida:

"Have you made any additions, structural changes or other alterations to the Property?
If yes, did you obtain all necessary permits?
Was/Were the permit(s) closed out (finalized)?"

If this type of disclosure was not in the sales contract, the buyer could require it. You may not specifically call it a "defect", but it should be part of the seller's disclosure statement to the buyer. To me, in this context, "defect" and "out of compliance" essentially mean the same thing.

[margaretmattson]

Respectfully, I don't agree. Here is an excerpt from a standard disclosure statement used in Florida:

"Have you made any additions, structural changes or other alterations to the Property?
If yes, did you obtain all necessary permits?
Was/Were the permit(s) closed out (finalized)?"

If this type of disclosure was not in the sales contract, the buyer could require it. You may not specifically call it a "defect", but it should be part of the seller's disclosure statement to the buyer. To me, in this context, "defect" and "out of compliance" essentially mean the same thing.I see. To me, out of compliance means it was a willful act by the owner. A defect is not always willful and may or may not be the fault of the owner.

Erecting a lanai without proper permits is out of compliance.

A window that doesn't close properly is a defect.

The owner is responsible for not getting permits to build the lanai. He willfully ignored the rules. He is not responsible for the defect with the window.

[Marathon Man]

The Villages isn't interested in deed compliance, they have assigned that authority to the CDDs. The CDDs feel they have a responsibility to enforce deed compliance but only when brought to their attention through a complaint.

IANAL but *maybe* the absence of a Villages-authorized or CDD-authorized pre-sale inspection to ensure deed compliance is due to concerns about liability or selective enforcement. If the CDD performs the inspection and that inspection misses something then they may lose their right to begin action against the violation in the future. This may also allow other homeowners to make a claim of selective enforcement if the CDD attempts to take action against a similar violation on their property. The best way to avoid this is for the CDDs to not look for violations themselves but to aggressively pursue action against any violations they are made aware of and this is how the CDDs are behaving today.

Well said. I do not want the CDD's to take on the responsibility for searching for violations, as many suggest, for this very reason. The 'by complaint' system needs to stay.

[retiredguy123]

I see. To me, out of compliance means it was a willful act by the owner. A defect is not always willful and may or may not be the fault of the owner.

Erecting a lanai without proper permits is out of compliance.

A window that doesn't close properly is a defect.

The owner is responsible for not getting permits to build the lanai. He willfully ignored the rules. He is not responsible for the defect with the window.
Correct, but if the seller knows about the window defect, he/she needs to disclose it to the buyer. That is the purpose of the disclosure form.

[Altavia]

In Florida, the statute of limitations for breach of contract (such as violating HOA covenants) is five years. I have no idea why this does not apply to The Villages.

Statute of limitations, waiver and covenant enforcement (https://www.news-journalonline.com/story/news/2014/05/30/statute-of-limitations-waiver-and-covenant-enforcement/30667932007/)


"There are a number of problems with the situation you describe, and your homeowners’ association is going to have a very hard time enforcing the patio-size covenant against you and the other owners.

For one thing, if in fact these patios were built seven years ago, the “statute of limitations” has expired.

A statute of limitations is a time period within which any legal action must be brought. This makes sense, because the more time that passes before a legal action is filed, the less likely that evidence will be available to prove or disprove the dispute, and also because it is not considered “fair” to bring an action after so much time has passed, as the delayed notice of the dispute would be unreasonable to the defendant.

In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years.

The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago."

[Rainger99]

Why can’t the county enact a law, that once a house is sold, the CCD, ARC, or any other person or entity is barred from raising any compliance issues after the sale.

That way, someone doesn’t have to worry about a violation that occurred years ago being raised years later.

[shaw8700@outlook.com]

Not that I am aware of. There doesn't seem to be any service that will do an inspection looking for deed restriction violations. (if anyone knows of one, please post contact information)

You *can* work with the Community Standards Department to get some information. You can ask them if there have been any ARC approvals (and maybe disapprovals) for changes to the home. In particular, if there is a large amount of stone, a widened driveway, fancy shrub beds, or even a stone wall around the shrub beds then you would hope to find an ARC-approved application for those. Also, if you see something different about the home and those around it then you might ask Community Standards about that as well and hopefully they could tell you that it was either part of the original construction or added after an approval.

You might also be able to contact the county for any permits for work done on the home. I haven't tried this myself but it should be possible.

Thank you for this. I’ve been worried that I will buy from a seller that changed/added/deleted something without ARC approval and it would too much expense to put it right.

[shaw8700@outlook.com]

The whole system seems to be unfair. If the Villages can issue summonses they should have some way of checking to see if a house is in compliance. Is a copy of compliance requirements available?

ARC may not be aware that a change has taken place.

[Randall55]

ARC may not be aware that a change has taken place.First, ask the owner of the home if he has records of his improvements and ARC approval. Many homeowners save this paperwork.

If not, go to ARC/Community Standards, give the address of the home, ask if any improvements have been approved. If you see structural or landscaping changes that are not listed as approved, do not buy the home.

[JustSomeGuy]

The current policy of requiring a complaint to investigate a violation of the community standards puts the CDD at risk of losing that deed restriction completely or being forced to notify all residents that the specific restriction is now being enforced. Legal case out of Miami sets precedent. Dealt with enclosed balconies. They were prohibited. Most condos enclosed their balconies. County made an issue and the HOA (same entity as cdd when it comes to the law and enforcing deed restrictions) announced that it was again enforcing the restriction against enclosing balconies. New resident enclosed balcony. Even though over half the condos had enclosed balconies they had to remove enclosure but the other non-compliant enclosed balconies did not have to remove their enclosure since inaction by the HOA and residents seeing other residents enclose their balconies with no enforcement caused the deed restriction to become invalid.... until it was formally reinstated on future occurrences. If a CDD knowingly allows violations then the restriction becomes invalid. The CDD is the enforcer of the deed restrictions, not a complainant. The CDD has a duty to enforce the deed restrictions evenly and fairly for all residents and on all residents. It fails this duty by allowing one neighbor to violate the same restriction because no complaints were received but enforce it on another. Of course it takes a resident with the ability to sue the CDD and stick with it to prevail. Law is clear on this and all CDD and HOA's are warned of this or should be by their counsel. If challenged a CDD can negotiate and approve the "violation" but require a confidential settlement agreement, which shields the CDD and avoids a legal case that voids their deed restrictions for all residents. They settle out of court before trial so only one resident knows (but can't tell anyone) the deed restriction is likely no longer valid. The other residents, who read the deed restrictions, assume it is still valid and comply. Case is Chattel Shipping and Inv., Inc. v. Brickell Place Condominium Ass’n, Inc., 481 So.2d 29, 10 Fla. L. Weekly 2719 (Fla. App., 1985). Went to Florida Supreme Court.

[Rainger99]

Case is Chattel Shipping and Inv., Inc. v. Brickell Place Condominium Ass’n, Inc., 481 So.2d 29, 10 Fla. L. Weekly 2719 (Fla. App., 1985). Went to Florida Supreme Court.

This appears to be the decision.

Chattel Ship. & Inv. v. Brickell Place Condo., 481 So. 2d 29 – CourtListener.com (https://www.courtlistener.com/opinion/1152805/chattel-ship-inv-v-brickell-place-condo/)

[Wayne Mudge]

Is there any way to find out if a house is in compliance before you buy itI think if the Community Standards Dept. is going to enforce and fine new unsuspecting buyers here, then they should start a system where the home listed for sale must be inspected by them for compliance. It just leaves a bad taste in the mouth of a new happy resident to be punished for something they had no idea of. Or they need to stop penalizing our new neighbors for something they knew nothing about.

[Bob04090]

Is there any way to find out if a house is in compliance before you buy it

Contact the Villages Community Standards and have them verify. 352-751-3912

[Marathon Man]

Why can’t the county enact a law, that once a house is sold, the CCD, ARC, or any other person or entity is barred from raising any compliance issues after the sale.

That way, someone doesn’t have to worry about a violation that occurred years ago being raised years later.

We don't want that. Violations would remain in place by law. No thanks.

[Bill14564]

The current policy of requiring a complaint to investigate a violation of the community standards puts the CDD at risk of losing that deed restriction completely or being forced to notify all residents that the specific restriction is now being enforced. Legal case out of Miami sets precedent. Dealt with enclosed balconies. They were prohibited. Most condos enclosed their balconies. County made an issue and the HOA (same entity as cdd when it comes to the law and enforcing deed restrictions) announced that it was again enforcing the restriction against enclosing balconies. New resident enclosed balcony. Even though over half the condos had enclosed balconies they had to remove enclosure but the other non-compliant enclosed balconies did not have to remove their enclosure since inaction by the HOA and residents seeing other residents enclose their balconies with no enforcement caused the deed restriction to become invalid.... until it was formally reinstated on future occurrences. If a CDD knowingly allows violations then the restriction becomes invalid. The CDD is the enforcer of the deed restrictions, not a complainant. The CDD has a duty to enforce the deed restrictions evenly and fairly for all residents and on all residents. It fails this duty by allowing one neighbor to violate the same restriction because no complaints were received but enforce it on another. Of course it takes a resident with the ability to sue the CDD and stick with it to prevail. Law is clear on this and all CDD and HOA's are warned of this or should be by their counsel. If challenged a CDD can negotiate and approve the "violation" but require a confidential settlement agreement, which shields the CDD and avoids a legal case that voids their deed restrictions for all residents. They settle out of court before trial so only one resident knows (but can't tell anyone) the deed restriction is likely no longer valid. The other residents, who read the deed restrictions, assume it is still valid and comply. Case is Chattel Shipping and Inv., Inc. v. Brickell Place Condominium Ass’n, Inc., 481 So.2d 29, 10 Fla. L. Weekly 2719 (Fla. App., 1985). Went to Florida Supreme Court.

This case was ruled in favor of the association and against the enclosed balcony. The HOA rules against enclosed balconies constructed after 1981 were allowed to stand.

The CDDs do not appear to be practicing selective enforcement. I am not aware of any case of a valid complaint being ignored or a deed restriction violation being allowed to continue. In every case I am aware of, the CDDs have taken action to require deed restrictions to be obeyed.

Now, the argument might be different for an internal deed restriction. While the CDDs must operate "in the sunshine," the Developer does not. There is a standing belief/accusation that the Developer has ignored internal deed restriction violations which were brought to their attention. If this is true, if the Developer has chosen to not enforce the restrictions, then future enforcement might be challenged as being selective.

[jimdecastro]

Is there any way to find out if a house is in compliance before you buy it

The VHA had this question come up in their quarterly Town Hall this week. The District has a "buyer beware" policy. If you see an upgrade to the exterior of the house the seller must provide their ARC paperwork. You can ask the ARC for all applications for the house if you have the lot number - NOT the address - of the property. BTW, the seller's ID has the lot number on it. Once you buy the house, you accept responsibility for any infractions that came with it.

[Nell57]

Even if you DID hire an attorney, and he DID have the seller sign an affidavit accepting responsibility, and you later DID find an issue… two things would have to happen.
First you’d have to locate the seller. Probably some old dude living in another state . He’s dealing with dementia, cancer …loss of a spouse.
Next you must hire an attorney in that state to recover your expenses.
He may or may not have the necessary funds for paying his attorney or reimburse you.
So why go down that road?
The best advice I’ve seen is to just check out the most obvious issues before you buy.
Then enjoy your new home in the finest community in Florida.

[Dusty_Star]

In Florida, the statute of limitations for breach of contract (such as violating HOA covenants) is five years. I have no idea why this does not apply to The Villages.

Statute of limitations, waiver and covenant enforcement (https://www.news-journalonline.com/story/news/2014/05/30/statute-of-limitations-waiver-and-covenant-enforcement/30667932007/)


"There are a number of problems with the situation you describe, and your homeowners’ association is going to have a very hard time enforcing the patio-size covenant against you and the other owners.

For one thing, if in fact these patios were built seven years ago, the “statute of limitations” has expired.

A statute of limitations is a time period within which any legal action must be brought. This makes sense, because the more time that passes before a legal action is filed, the less likely that evidence will be available to prove or disprove the dispute, and also because it is not considered “fair” to bring an action after so much time has passed, as the delayed notice of the dispute would be unreasonable to the defendant.

In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years.

The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago."

Wow! I do so agree. There was a case last year I think, where a house north of 446 had a small path on the side of the house, for over 20 years, & I think the owner bought the house (over 20 years ago) with the path already there, I don't recall all of the details. But someone complained that it was out of compliance. In my opinion this was a classic case of something that should have been grandfathered in. The fact that it wasn't, to me, means we need to change the rules to put in some kind of time limitation, after which, the 'improvement' gets to stay.

[Rainger99]

We don't want that. Violations would remain in place by law. No thanks.

Violations do now - unless someone complains. If a violation has been in existence for a year and no one complains, the time to file a complaint should expire.

I and many others would be upset if someone found an old deed that found that the Seminoles own Sumter County and I had to move.

I live near Sawgrass and I really don’t care if someone in the historical section has made an alteration without ARC approval.

The Villages is enormous and I doubt if I will see 90% of the homes. If you aren’t on the main roads or the roads to the rec centers or golf courses, I am probably not going to see a house.

A truly friendly town would not tell a newcomer that they owe thousands of dollars to fix their pre-owned house.

[seecapecod]

The whole system seems to be unfair. If the Villages can issue summonses they should have some way of checking to see if a house is in compliance. Is a copy of compliance requirements available?

Especially for homes their own agents list!

[GizmoWhiskers]

Look up the property deed restrictions then look at the property. Then follow up to see if they have ARC approval for what has been done to the property.

A seller signs a disclosure statement of compliance as part of the seller disclosure form used by T V when listing the property if sold using The Villages. I had to make that statement when I listed my property for sale 6 months ago.

Ask your agent to verify one was signed. If you are using a Villages realtor they all play in the same sand box so they would know. If I remember correctly the buyer gets a copy of the packet of listing papers before closing when they are signing the contract to purchase. Look for the compliance statement.

It would be a civil matter within state statute and state staute limitations if the house is out of compliance and the seller lied on the form.

Village Community Development Districts (https://www.districtgov.org/departments/community-standards/download.aspx)

[Rodneysblue]

Shouldn’t the entity that requires compliance be the one to come out look at the property and say if it meets their requirements. Others are only interpreting the requirements.

[Sully2023]

This is a very simple solution! Have the seller sign an affidavit that the house is in compliance, and if it becomes an issue they will correct the out of compliance at there expense.

Excellent idea

[dewilson58]

Shouldn’t the entity that requires compliance be the one to come out look at the property and say if it meets their requirements. Others are only interpreting the requirements.

Don't have the staffing.

[cjky2k]

The VHA had this question come up in their quarterly Town Hall this week. The District has a "buyer beware" policy. If you see an upgrade to the exterior of the house the seller must provide their ARC paperwork. You can ask the ARC for all applications for the house if you have the lot number - NOT the address - of the property. BTW, the seller's ID has the lot number on it. Once you buy the house, you accept responsibility for any infractions that came with it.

You can also search for ARC approvals on the districtgov.org website under the ARC page. You can enter a full address or a partial address. This can be very very helpful with landscaping issues, especially with rocks. Put in the just the street name. See if other houses with rocks got approval. I’d they did, and your target house didn’t, that’s a big red flag. And obviously you can find any ARC approvals for your house as well. But not all things need approval. We live in a courtyard villa and can’t change the color of our house. Shockingly, the only rule on shutter colors is “no neons) but there is no approval required. I called. Was surprised. Some CYVs
In other districts DO have approved color palates. Read your deed restrictions. Do the search for the property and street. Call community standards - they were very helpful.

[MandoMan]

Is there any way to find out if a house is in compliance before you buy it

Every village has Deed Restrictions posted only. There are some variations from village to village. Go online and search under Deed Restrictions Village of —————- (village you are considering). Read that carefully and compare it with your home. For example, today there is a report of homeowners being ordered to return a white picket fence they removed from the front lawn of their villa. There are villages where that little fence is a key design element for the neighborhood. If the homeowners had read the deed restrictions for their village, they would have known they weren’t allowed to remove it. Now they are going to have to pay to have a new one made and installed. They could have saved themselves a lot of grief and expense by spending a half hour reading the rules and having a look at their house.

[nn0wheremann]

Is there any way to find out if a house is in compliance before you buy it
Read the deed restrictions for the subject property. Use a reliable tape measure. Check with Community Standards and Architectural Review to see if any alterations were allowed. File a complaint about any slightest thing that may be suspect.

As part of your contract to buy demand assurance backed by a bond that the property is in compliance.

One would think that Title Insurance policy would indemnify the purchaser against defects caused by non-compliant additions or alterations, but that seems not to be the case.

[Vermilion Villager]

Is there any way to find out if a house is in compliance before you buy it
1. Obtain a copy of the governing documents and deed restrictions for the property. They are all online and easily obtainable even if you do not own property in the villages. The restrictions are very clearly laid out what you can and what you cannot do. Most infractions have to do with yards or trees.
2. READ THEM!!!!

[Vermilion Villager]

The current policy of requiring a complaint to investigate a violation of the community standards puts the CDD at risk of losing that deed restriction completely or being forced to notify all residents that the specific restriction is now being enforced. Legal case out of Miami sets precedent. Dealt with enclosed balconies. They were prohibited. Most condos enclosed their balconies. County made an issue and the HOA (same entity as cdd when it comes to the law and enforcing deed restrictions) announced that it was again enforcing the restriction against enclosing balconies. New resident enclosed balcony. Even though over half the condos had enclosed balconies they had to remove enclosure but the other non-compliant enclosed balconies did not have to remove their enclosure since inaction by the HOA and residents seeing other residents enclose their balconies with no enforcement caused the deed restriction to become invalid.... until it was formally reinstated on future occurrences. If a CDD knowingly allows violations then the restriction becomes invalid. The CDD is the enforcer of the deed restrictions, not a complainant. The CDD has a duty to enforce the deed restrictions evenly and fairly for all residents and on all residents. It fails this duty by allowing one neighbor to violate the same restriction because no complaints were received but enforce it on another. Of course it takes a resident with the ability to sue the CDD and stick with it to prevail. Law is clear on this and all CDD and HOA's are warned of this or should be by their counsel. If challenged a CDD can negotiate and approve the "violation" but require a confidential settlement agreement, which shields the CDD and avoids a legal case that voids their deed restrictions for all residents. They settle out of court before trial so only one resident knows (but can't tell anyone) the deed restriction is likely no longer valid. The other residents, who read the deed restrictions, assume it is still valid and comply. Case is Chattel Shipping and Inv., Inc. v. Brickell Place Condominium Ass’n, Inc., 481 So.2d 29, 10 Fla. L. Weekly 2719 (Fla. App., 1985). Went to Florida Supreme Court.

Those two words blew everything else you just said out of the water. In order to prevail you would have to prove that the CDD knew the violation existed and then did nothing about it. Good luck with that!

[spinner1001]

Is there any way to find out if a house is in compliance before you buy it

I am assuming that you an asking about a pre-owned home, and about deed compliance rather than building code compliance.

Practically, the burden is on the buyer.

I don’t believe an independent service exists to represent the buyer for assuring deed compliance. (Too many variations of legal deed restrictions in The Villages that makes a deed compliance inspection business impractical, and ARC records are not easily searchable in contrast to county real property records for deeds and liens.)

You could try to get the seller to accept responsibility for deed compliance by putting a clause in the sales contract. But if you tried to enforce that clause later against the seller when you discovered deed non-compliance, you might or might not be successful in finding and getting money from the buyer. You might need to sue the buyer to enforce the clause.

@Michael61 had a practical approach focusing on the bigger risk items for deed non-compliance. A buyer new to The Villages would need to learn to identify the bigger risk items. A visit to a CDD office such as in Lake Sumpter Landing is likely an efficient and effective way to learn about common bigger items.

But a buyer would still need to discover what items at a particular home are after-market rather than done in the original build such as a bird cage and pool. You can ask the seller of course. Searching online property records for original-build items and after-market construction would take knowledge and effort.

For a buyer new to The Villages purchasing a pre-owned home, it will take effort to learn to reduce your risk. Good luck.

[spinner1001]

Those two words blew everything else you just said out of the water. In order to prevail you would have to prove that the CDD knew the violation existed and then did nothing about it. Good luck with that!

Right. And OP very likely does not want to pay a lawyer trying prove it in a court of law and with no guarantee of winning.

[Chellybean]

Like seller going to do that when they can’t even determine it it’s in compliance. If I was seller I say move along this house is not for you.

That would send a message to me by the seller that something is wrong. disclosure is the law and even after the sale a lawsuit can be rendered to recover damages. Lots of dishonest sellers out there!

[spinner1001]

Shouldn’t the entity that requires compliance be the one to come out look at the property and say if it meets their requirements. Others are only interpreting the requirements.

Only in Utopia.

[Chellybean]

If The Villages were serious about deed restriction compliance, they would have a team to perform pre-sale inspections. Other communities, some that have an HOA, require these inspections.

Good luck with that ARC doesn't even check on the ARC permit approval once they approve it. People put it right on paper and then do what they want until its found to not be correct and then puts neighbors at odds with each other. This is not complaint driven its selective enforcement in my opinion!

[retiredguy123]

That would send a message to me by the seller that something is wrong. disclosure is the law and even after the sale a lawsuit can be rendered to recover damages. Lots of dishonest sellers out there!
The seller is required to disclose what he/she knows about defects and non-compliance before the sale. But, as long as the disclosure is done correctly, the seller has no more liability after the sale.

[spinner1001]

That would send a message to me by the seller that something is wrong. disclosure is the law and even after the sale a lawsuit can be rendered to recover damages. Lots of dishonest sellers out there!

The buyer still needs to pay a lawyer’s fees and costs to get to trial with no guarantee of winning and collection. I doubt lawyers commonly take these kinds of cases on contingency.

[Chellybean]

The seller is required to disclose what he/she knows about defects and non-compliance before the sale. But, as long as the disclosure is done correctly, the seller has no more liability after the sale.

I strongly disagree with that and i do understand the burden of proof is on the buyer to prove the seller knew about the non compliant issues. Its all about the difference of cost of putting it back in compliance vs. lawsuit. small claims is a wonderful thing!

[Villager1234]

Thanks everyone for the info. I just want to play golf and samba. I hope I never run into any problems. Next question : out of curiosity who actually runs things here?
The town of Lady Lake, The Villages, or the CDD?

[retiredguy123]

I strongly disagree with that and i do understand the burden of proof is on the buyer to prove the seller knew about the non compliant issues. Its all about the difference of cost of putting it back in compliance vs. lawsuit. small claims is a wonderful thing!
I don't understand what you don't agree with. If the seller knows about defects and/or non-compliance issues, they need to disclose them in the disclosure statement. As long as they do this, the buyer has no legal recourse against the seller after the sale. The buyer cannot hold the seller liable for something they didn't know about.

[Bill14564]

Thanks everyone for the info. I just want to play golf and samba. I hope I never run into any problems. Next question : out of curiosity who actually runs things here?
The town of Lady Lake, The Villages, or the CDD?

That depends on what things you are referring to. There is an informal orientation and a longer Resident Academy (https://www.districtgov.org/ResidentAcademy.aspx) that will help answer that question. You might want to look through the handouts from a recent offering of the Resident Academy that are linked from that page.

[TeresaE]

Is there any way to find out if a house is in compliance before you buy it

The Sellers Disclosure Form has a section on Deed Compliance. So the onus is on them. However, if the seller has never lived in the house, say an heir, then they won’t know. All they have to say on the SD is don’t know never lived there. The Architecture Review Community (ARC) would know if any requests were submitted and/or granted. Of course if the former owners didn’t ask for clearance and not discovered the violation, there would not be. However, you are entitled to review the deed restrictions prior to purchase even if you are under contract. Make that a part of your “inspection period”. READ IT THOROUGHLY! Ask your agent to help you interpret it and walk the property with it in your hands.
It’s all there in black and white.
Or just buy a new build. Good luck and God speed.

[ron32162]

LOOK at your HOMEOWNERS DISCLOSURE Read it its all in there

[OrangeBlossomBaby]

Thanks everyone for the info. I just want to play golf and samba. I hope I never run into any problems. Next question : out of curiosity who actually runs things here?
The town of Lady Lake, The Villages, or the CDD?

If you live on the "historic" side of The Villages in the city of Lady Lake, then your roads are paved/maintained by Lady Lake. Your trash pickup is provided via Lady Lake. You're not in a CDD, and instead the VCCDD handles community-specific issues on your behalf including amenities, fire services, sewer, etc, while the city of Lady Lake (and the County) handles everything else.

"The Villages" is the name of the community, it doesn't run anything. It's just the name of the place. "The Developer" is a shortened nickname for The Morse Family, who, along with their deceased patriarch Harold Schwartz, founded the community. It is also synonymous with The Villages Development Company, LLC, and the Holding Company of the Villages, Inc which are the two primary divisions of the Family's interest in the community. They no longer have any financial interest in our side of the Villages, since the roads now belong to the city, and the VCCDD oversees the running of the common areas.

[retiredguy123]

The Sellers Disclosure Form has a section on Deed Compliance. So the onus is on them. However, if the seller has never lived in the house, say an heir, then they won’t know. All they have to say on the SD is don’t know never lived there. The Architecture Review Community (ARC) would know if any requests were submitted and/or granted. Of course if the former owners didn’t ask for clearance and not discovered the violation, there would not be. However, you are entitled to review the deed restrictions prior to purchase even if you are under contract. Make that a part of your “inspection period”. READ IT THOROUGHLY! Ask your agent to help you interpret it and walk the property with it in your hands.
It’s all there in black and white.
Or just buy a new build. Good luck and God speed.
I totally agree. Some posters have suggested that the buyer can execute an agreement that would make the seller liable for correcting non-compliance issues after the sale even if they did not know about them before the sale. As a seller, I would never sign such an agreement. Also, I don't think the sale would be legal, and I doubt that the closing company would even allow that type of contingency agreement.

[Altavia]

What would people be willing to pay to have someone (e.g. Licenced Home Inspector) research a property for ARC approvals and then inspect/verify for compliance deviations?

[Rainger99]

What would people be willing to pay to have someone (e.g. Licenced Home Inspector) research a property for ARC approvals and then inspect/verify for compliance deviations?

And what would it cost if the inspector did a search and missed a violation? They would be opening themselves up to a lawsuit where they would be liable for thousands or even tens of thousands of dollars.

[TeresaE]

Also keep in mind that there are over 78 separate neighborhoods in TV and that each one has its own set of Deed Restrictions even if they are in the same Village. Never assume ANYTHING.

[Rainger99]

Does anyone know what was the cost of the most expensive deed compliance remedy?

And what it involved?

[retiredguy123]

And what would it cost if the inspector did a search and missed a violation? They would be opening themselves up to a lawsuit where they would be liable for thousands or even tens of thousands of dollars.
Typically, home inspectors have a clause in their inspection agreement that they are only liable for the cost of the inspection. But, some home inspectors will offer an optional additional liability protection to cover things that they may miss during the inspection up to a certain dollar limit. This optional protection will usually at least double the cost of the inspection.

[Altavia]

And what would it cost if the inspector did a search and missed a violation? They would be opening themselves up to a lawsuit where they would be liable for thousands or even tens of thousands of dollars.

Same is true for home inspections.

If compliance is so complicated a licensed professional can miss a violation, how can homeowners be expected to know?

[spinner1001]

Typically, home inspectors have a clause in their inspection agreement that they are only liable for the cost of the inspection. But, some home inspectors will offer an optional additional liability protection to cover things that they may miss during the inspection up to a certain dollar limit. This optional protection will usually at least double the cost of the inspection.

Paying a home inspector for protection from what exactly?

Building defects? Deed compliance?

[JustSomeGuy]

Right. And OP very likely does not want to pay a lawyer trying prove it in a court of law and with no guarantee of winning.
Poor selection of words on my part. Not in the legal decision. Selective enforcement is the term I should have used. Article is on the Florida Community Association Professional site. Search "Enforcing a Previously Unenforced Covenant, Restriction, or Rule and Regulation". Any individual can voluntarily give up any legal right they are entitled to. CDD would likely propose a confidential settlement prior to a final legal decision to avoid having the deed restriction that is being challenged determined to be invalid for the entire CDD.

[retiredguy123]

Paying a home inspector for protection from what exactly?

Building defects? Deed compliance?
I think the money goes to an insurance company, not the inspector. I assume the policy is a type of "errors and omissions" policy that many professionals purchase to cover mistakes that they make.

[spinner1001]

Same is true for home inspections.

If compliance is so complicated a licensed professional can miss a violation, how can homeowners be expected to know?

No one expects homeowners to know but nevertheless home buyers bear that risk. No one else bears that risk for the property other than the homeowner.

[spinner1001]

I think the money goes to an insurance company, not the inspector. I assume the policy is a type of "errors and omissions" policy that many professionals purchase to cover mistakes that they make.

My question was what is covered by such protection offered by a home inspector, not who pays claims.

So what exactly is covered by that kind of protection?

[retiredguy123]

My question was what is covered by such protection offered by a home inspector, not who pays claims.

So what exactly is covered by that kind of protection?
I have not read the policy offered by home inspectors, and I don't think many homeowners would purchase it. But, I assume that, if the inspector misses something that he/she should have detected, such as a non-functioning HVAC system, the policy may cover the repair cost. If you don't purchase the optional liability coverage, then you are agreeing to limit the inspector's liability to the cost of the inspection. Nevertheless, I think you could still try to hold the inspector liable for errors made.

[Rocket71]

I have started a company called Compliance Inspections LLC.
I will be acting on the behalf of home buyers or real-estate companies that want to make sure the house is deed compliant in the Villages.
Being one of the buyers that purchased a house and then was reported to the ARC as not in compliance by someone I really feel this was needed.
Complianceinspectionsllc@gmail.com

[spinner1001]

I have not read the policy offered by home inspectors, and I don't think many homeowners would purchase it. But, I assume that, if the inspector misses something that he/she should have detected, such as a non-functioning HVAC system, the policy may cover the repair cost. If you don't purchase the optional liability coverage, then you are agreeing to limit the inspector's liability to the cost of the inspection. Nevertheless, I think you could still try to hold the inspector liable for errors made.

I doubt any home inspectors here offer to give opinions on a property’s CDD deed compliance. If they don’t offer such services, a home inspector’s errors-and-omissions policy is not going to pay a homeowner for correcting deed violations.

I believe that you are talking about E&O policies for home inspectors making findings about home structure, mechanic systems, and home cosmetics. OP was talking about a home buyer getting assurance of deed compliance.

[spinner1001]

I have started a company called Compliance Inspections LLC.
I will be acting on the behalf of home buyers or real-estate companies that want to make sure the house is deed compliant in the Villages.
Being one of the buyers that purchased a house and then was reported to the ARC as not in compliance by someone I really feel this was needed.
Complianceinspectionsllc@gmail.com

As you start your new business, be careful that you are not practicing law. (I am assuming you are not a Florida lawyer.) I suggest that you check it out.

You might start here:

Unlicensed Practice of Law and Accountants, Paralegals, and Out-of-State Lawyers (https://privatecorporatecounsel.com/private-corporate-counsel-blog/unlicensed-practice-of-law-and-accountants-paralegals-and-out-of-state-lawyers/)

[retiredguy123]

I doubt any home inspectors here offer to give opinions on a property’s CDD deed compliance. If they don’t offer such services, a home inspector’s errors-and-omissions policy is not going to pay a homeowner for correcting deed violations.

I believe that you are talking about E&O policies for home inspectors making findings about home structure, mechanic systems, and home cosmetics. OP was talking about a home buyer getting assurance of deed compliance.
Mostly, I agree. But, there are some things in the deed restrictions, such as easements, encroachments, and setbacks that a home inspector should be generally familiar with. I think a good home inspector would be remiss if they totally ignored the deed restrictions as part of a home inspection. Also, they should be aware of modifications to the house that require some type of building permit or ARC approval, and at least bring it to the buyer's attention. But, again, the home inspector expects the homeowner to pay for the inspector's time and expertise, not as a protection against liability. That is why the additional liability insurance is optional.

[retiredguy123]

I have started a company called Compliance Inspections LLC.
I will be acting on the behalf of home buyers or real-estate companies that want to make sure the house is deed compliant in the Villages.
Being one of the buyers that purchased a house and then was reported to the ARC as not in compliance by someone I really feel this was needed.
Complianceinspectionsllc@gmail.com
Note that home inspection is a specific license type in Florida that requires a state license. If you don't plan to get a home inspector certification and license, I would suggest that you make sure that you are not violating any state licensing laws.

[spinner1001]

Mostly, I agree. But, there are some things in the deed restrictions, such as easements, encroachments, and setbacks that a home inspector should be generally familiar with. I think a good home inspector would be remiss if they totally ignored the deed restrictions as part of a home inspection. Also, they should be aware of modifications to the house that require some type of building permit or ARC approval, and at least bring it to the buyer's attention. But, again, the home inspector expects the homeowner to pay for the inspector's time and expertise, not as a protection against liability. That is why the additional liability insurance is optional.

I used a local, well-know home inspector for an inspection of a new-build just after the time of closing and one at 11 months after closing. His contract for both inspections says the scope of his services is:

"The scope of the inspection and report is a limited visual inspection of the general systems and components of the building / home to identify any system or component listed in the report which may be in need of immediate major repair. The inspection will be performed in compliance with generally accepted ASHI standards of practice, a copy of which is available at Page not found | American Society of Home Inspectors, ASHI (http://www.homeinspector.org/standards) or upon request."

At least for inspections in his standard home inspection contract, he is not contracting to inspect and report on deed restrictions and compliance.

That contract explicitly excludes inspecting "building code or zoning ordinance violations". I believe the intent of this clause covers exclusion of CDD compliance.

I expect that if you tried to negotiate an expansion of the home inspector's services so his scope included inspection of deed compliance, he would not agree.

I also expect that any E&O policy that this home inspector might have covers only his scope of services and the policy would not include covering claims by a homeowner fixing deed violations, which are outside the agreed scope of services.

[Topspinmo]

Have an attorney draft the purchase agreement with remedy for non compliance. Don’t use the realtor to do it


Good luck buying house..:ho:

[spinner1001]

Mostly, I agree. But, there are some things in the deed restrictions, such as easements, encroachments, and setbacks that a home inspector should be generally familiar with. I think a good home inspector would be remiss if they totally ignored the deed restrictions as part of a home inspection. Also, they should be aware of modifications to the house that require some type of building permit or ARC approval, and at least bring it to the buyer's attention. But, again, the home inspector expects the homeowner to pay for the inspector's time and expertise, not as a protection against liability. That is why the additional liability insurance is optional.

By the way, most home inspections around here are done after a buyer has bought the property. A check for deed compliance ought to be done before closing, not after.

[Bill14564]

By the way, most home inspections around here are done after a buyer has bought the property. A check for deed compliance ought to be done before closing, not after.

That may apply to sales of new homes but not to resales.

In the case of new home sales, the inspection is to identify issues that need to be corrected under warranty. For resales, the inspection is to identify defects that need to be corrected before the sale is completed.

[Topspinmo]

I strongly disagree with that and i do understand the burden of proof is on the buyer to prove the seller knew about the non compliant issues. Its all about the difference of cost of putting it back in compliance vs. lawsuit. small claims is a wonderful thing!

Most home owners can’t even fix toilet let long know it anything else is wrong unless it don’t work.

[retiredguy123]

I used a local, well-know home inspector for an inspection of a new-build just after the time of closing and one at 11 months after closing. His contract for both inspections says the scope of his services is:

"The scope of the inspection and report is a limited visual inspection of the general systems and components of the building / home to identify any system or component listed in the report which may be in need of immediate major repair. The inspection will be performed in compliance with generally accepted ASHI standards of practice, a copy of which is available at Page not found | American Society of Home Inspectors, ASHI (http://www.homeinspector.org/standards) or upon request."

At least for inspections in his standard home inspection contract, he is not contracting to inspect and report on deed restrictions and compliance.

That contract explicitly excludes inspecting "building code or zoning ordinance violations". I believe the intent of this clause covers exclusion of CDD compliance.

I expect that if you tried to negotiate an expansion of the home inspector's services so his scope included inspection of deed compliance, he would not agree.

I also expect that any E&O policy that this home inspector might have covers only his scope of services and the policy would not include covering claims by a homeowner fixing deed violations, which are outside the agreed scope of services.
I would not hire that inspector, especially for a resale. And, any home inspector who is not familiar with The Villages processes for ARC approval and local permitting would also be off my list of home inspectors. Home inspectors should definitely be familiar with the building codes. Building code compliance is an important part of a home inspection. I hired Frank D'Angelo, who even went to the county to review the building plans and inspection results during construction.

[stewiegal]

What a shame that realtors and/or Villages sales agents don't offer that service when listing the home

[Altavia]

In case not aware, supplements to the External Deed Restriction Standards and Rulesare available on the CDD web site. District 12 was updated Nov 1, 2023.

VCDD Community Standards (https://www.districtgov.org/departments/community-standards/DistrictAdoptedRules.aspx)

Purpose: The purpose of these External Deed Restriction Standards is to supplement and further clarify those items identified and/or defined in the Declaration of Restrictions for those properties located within the boundaries of Village Community Development District No. 12, and to clarify and interpret the adopted Rule to Bring About Deed Compliance ("Rule") relating to the exterior appearance or use of real property within its the boundaries.

You may also find further clarification in the District adopted Architectural Review Manual. The following are general interpretations of the Rule for the District.

...

It would be nice if home owners were notified of changes/updates.

Example: Not sure if this is new for District 12?

II. PROCEDURE FOR COMPLIANCE:

Step 1. Complaints

Complaints of possible Rule violations may be made by a homeowner of District 12 only.

Complaints may be received by phone, fax, mail, electronic mail, online, or in person.

The complainant shall provide their name, unit and lot, and phone number, which shall be logged and retained for future follow-up and becomes part of the case record, which may become a public record. The complainant's name, unit and lot, and phone number will be verified to ensure the complainant is a homeowner of District 12.

If the complainant does not provide his/her name, unit and lot, and phone number, or is not a homeowner of District 12, the complaint shall be logged; however, staff will not inspect the property to verify the complaint and the deed compliance process ends.

[spinner1001]

That may apply to sales of new homes but not to resales.

In the case of new home sales, the inspection is to identify issues that need to be corrected under warranty. For resales, the inspection is to identify defects that need to be corrected before the sale is completed.

Right. Some inspections are done before closing for home resales. Most home sales around here are new homes.

Even if an inspection is done before closing, one still has the question of the home inspector's scope of services.

[spinner1001]

I would not hire that inspector, especially for a resale. And, any home inspector who is not familiar with The Villages processes for ARC approval and local permitting would also be off my list of home inspectors. Home inspectors should definitely be familiar with the building codes. Building code compliance is an important part of a home inspection. I hired Frank D'Angelo, who even went to the county to review the building plans and inspection results during construction.

Hmm. That contract language that I posted earlier was from D'Angelo. As I said earlier, it was for a new build.

Maybe you contracted with him for a different scope of services. If so, then what we need to discuss now is one needs to be aware what version of a home inspection they are buying. That requires reading the inspector's contract.

Would you post the scope of services language from your contract with D'Angelo for your home resale? I am curious how your contract language differs from his scope that I posted earlier.

[pablo cruze]

If I was purchasing a resale home, and the landscaping had been enhanced, or a birdcage or other structure was added to the home, you bet I would be asking for a copy of the ARC approval prior to purchasing the home.
ARC approval doesn't necessarily mean that the home is in compliance. The current or previous owners could have modified after the ARC approval, or even completed the project not per approved plan.
Comm Standards doesn't check if it meets ARC plan; only that it was completed on time......that is unless there is a complaint logged. Only then does Comm Std. check for specific compliance to the "arc rules".
I bought a non-compliant home, and had to spend a ton to fix it. The villages sales .lister and the resales person that i worked with both knew it and "played" dumb. They wouldn't help me to avoid fines or get a waiver. They work with / for Kenny Blocker who has his hand in all the evil doings by the Villages Cartel. Many district supervisors (district 7 chair for sure) are in on it as well, so don't look to them for help.
I liked the previous comment about the affidavit. If the sellers or the lister agent won't provide this, then maybe don't make an offer on that property.

You could file a complaint on the property of interest prior to making an offer, (ie - Address xxxx Village Street - Front landscape appears to not be in compliance with ARC rules, Side landscape ...., rear landscape... Roof color,,,, ird cage, patio... etc).
Comm Stds only then will check. If it comes back clean, then you should be good to go....

[retiredguy123]

Hmm. That contract language that I posted earlier was from D'Angelo. As I said earlier, it was for a new build.

Maybe you contracted with him for a different scope of services. If so, then what we need to discuss now is one needs to be aware what version of a home inspection they are buying. That requires reading the inspector's contract.

Would you post the scope of services language from your contract with D'Angelo for your home resale? I am curious how your contract language differs from his scope that I posted earlier.
I hired him for a 12-month warranty inspection on a new house. I don't have his scope of services. But, for a resale, I would expect any home inspector to be familiar with the local building rules and procedures and to point out any building code violations revealed as part of the inspection. I would not expect the inspector to certify compliance with the deed restrictions because they are subject to interpretation.

[MrChip72]

If you're selling a home I don't see why their selling agent wouldn't be pro-active and be asking if someones 20 feet Queen Palm in their front yard had ARC approval in the first place. If they don't they could just apply for approval retroactively. It's not like the ARC committee physically checks your properly when you apply.

[Villager1234]

Once again thanks for the info. BTW IDK ( by the way I don’t know) what all of these acronyms mean

[carolfry44]

That is a very good question to ask!

[TeresaE]

Same is true for home inspections.

If compliance is so complicated a licensed professional can miss a violation, how can homeowners be expected to know?

Home inspectors are there to check the structure of the house. They are not there to verify compliance with Deed Covenants and Restrictions. Nor are the real estate agents. They are there to ensure the transaction is done properly. The seller is responsible for disclosing any modifications done without prior approval.

To protect yourself when purchasing a preowned home, get a copy of the deed restrictions for that homeband walk the property with your agent. If anything looks questionable go to ARC and ask if it is in compliance. Get it in writing from ARC.

[TeresaE]

This is a very simple solution! Have the seller sign a affidavit that the house is in compliance, and if it becomes an issue they will correct the out of compliance at there expense.

That’s what the Sellers Disclosure is for. Seller is responsible for disclosure of items that affect the value or structural issues of the home that cannot be readily seen by the buyer.

[TeresaE]

This case was ruled in favor of the association and against the enclosed balcony. The HOA rules against enclosed balconies constructed after 1981 were allowed to stand.

The CDDs do not appear to be practicing selective enforcement. I am not aware of any case of a valid complaint being ignored or a deed restriction violation being allowed to continue. In every case I am aware of, the CDDs have taken action to require deed restrictions to be obeyed.

Now, the argument might be different for an internal deed restriction. While the CDDs must operate "in the sunshine," the Developer does not. There is a standing belief/accusation that the Developer has ignored internal deed restriction violations which were brought to their attention. If this is true, if the Developer has chosen to not enforce the restrictions, then future enforcement might be challenged as being selective.

Individual Villages are in CDDs not HOAs. So does this ruling apply? IDK

[shaw8700@outlook.com]

Read the deed restrictions for the subject property. Use a reliable tape measure. Check with Community Standards and Architectural Review to see if any alterations were allowed. File a complaint about any slightest thing that may be suspect.

As part of your contract to buy demand assurance backed by a bond that the property is in compliance.

One would think that Title Insurance policy would indemnify the purchaser against defects caused by non-compliant additions or alterations, but that seems not to be the case.

Title insurance indemnifies the lender not the buyer.

[TeresaE]

Mostly, I agree. But, there are some things in the deed restrictions, such as easements, encroachments, and setbacks that a home inspector should be generally familiar with. I think a good home inspector would be remiss if they totally ignored the deed restrictions as part of a home inspection. Also, they should be aware of modifications to the house that require some type of building permit or ARC approval, and at least bring it to the buyer's attention. But, again, the home inspector expects the homeowner to pay for the inspector's time and expertise, not as a protection against liability. That is why the additional liability insurance is optional.
Setbacks and easements will be disclosed on the Survey. Not part of the home inspection process.

[retiredguy123]

Title insurance indemnifies the lender not the buyer.
Not true. I purchased my own title insurance policy. There was no lender.

[Pres1939]

I agree and like your idea. I am hoping a real-estate lawyer will comment on this approach, this is really a concern in the Villas where many have removed grass and installed stone. I also imagine there would need to be a time limitation on the agreement. There was a recent article about a house purchased in 2017 that was just recently reported for being out of compliance from work done before the purchase.....

I don’t think many sellers are likely to agree to such a provision, particularly if they bought the home as a resale. My home had 3 owners before me. I have no idea whether or not any of the previous owners made some modifications that were not compliant. A seller who bought his home new might go for such a provision, but I think they are likely the only ones.

[retiredguy123]

I don’t think many sellers are likely to agree to such a provision, particularly if they bought the home as a resale. My home had 3 owners before me. I have no idea whether or not any of the previous owners made some modifications that were not compliant. A seller who bought his home new might go for such a provision, but I think they are likely the only ones.
I wouldn't agree to it for any sale. The reason to sell a house is to end all future liabilities, especially unknown ones. Also, I don't think it would be a valid sale and the closing company would reject the agreement.

[BrianL99]

Title insurance indemnifies the lender not the buyer.

That's untrue.

Title Insurance protects the Insured, whoever that may be. Typically, a lender and a buyer.

In some states and in some circumstances, Title Insurance would insure against Deed Violations.

[retiredguy123]

That's untrue.

Title Insurance protects the Insured, whoever that may be. Typically, a lender and a buyer.

In some states and in some circumstances, Title Insurance would insure against Deed Violations.
As a buyer, you need to purchase an owner's title insurance policy, if you want to insure a clear title. Otherwise, the title insurance will only protect the lender. My policy on a new house cost about $1,100. It was an optional charge as part of the sale.

There are other threads about this topic. Some people think title insuance is not needed for a new house, but it does guarantee a clear title forever.

[jj121232163]

We should use Lawyers not Title company and Real estate salespeople to close a big investment.The lawyer will protect you, the cost is $1000 small price to pay.

[Babubhat]

The point being missed is this needs resolution Before the sale closes. I don’t understand why anyone would want to buy a potential liability. Unnecessary financial risk. It’s not a seller’s market anymore

[Dlbonivich]

Most deed restrictions can be changed by the homeowners they affect. You need to ask your district board members that are elected to move forward with any changes the members want to make. It is a process and paperwork.

[BrianL99]

In Florida, the statute of limitations for breach of contract (such as violating HOA covenants) is five years. I have no idea why this does not apply to The Villages.




Perhaps because TV doesn't have an HOA?

& because Deed Restrictions and Covenants are not "contracts" ?

Most deed restrictions can be changed by the homeowners they affect. ... It is a process and paperwork.

Where do people come up with this stuff? Only the beneficiaries of deed restrictions, encumbrances or covenants can change them.
The owners of the encumbered property can't change them, no matter how much "process and paperwork" they go through.

[BrianL99]

We should use Lawyers not Title company and Real estate salespeople to close a big investment.The lawyer will protect you, the cost is $1000 small price to pay.

You're 100% right.

That said, the real estate sales process used in Florida, particularly in TV, makes it difficult to bring a lawyer into the transaction, when they should be brought in. Florida doesn't use a 2 step process (Offer, then P&S) for most residential real estate sales, as other states do.

In case you haven't noticed, the Real Estate Lobby is very strong in FL and they've worked their charm on the market, to eliminate Lawyers from residential real estate transactions.

[Bill14564]

Most deed restrictions can be changed by the homeowners they affect. You need to ask your district board members that are elected to move forward with any changes the members want to make. It is a process and paperwork.

The CDD has no power to change the deed restrictions, all they do is endorse external restrictions when brought to their attention. The Developer can change the restrictions and has done that very few times.

[cindyandrich]

Is there any way to find out if a house is in compliance before you buy it

I believe the home inspectors should have knowledge of this.

[asianthree]

I believe the home inspectors should have knowledge of this.

Missing the point inspection is about structural integrity of the home, inside and out, plumbing hvac electrical. Sprinklers.

[retiredguy123]

Missing the point inspection is about structural integrity of the home, inside and out, plumbing hvac electrical. Sprinklers.
Correct, but a home inspector should have knowledge about the local building rules and permitting. If there is an obvious upgrade or addition to the house, I would expect the home inspector to at least recognize it and point out a possible compliance issue to the buyer. Many buyers are new to the area and may not be familiar with the local requirements. You wouldn't want to hire a home inspector who has no local experience. There are also building requirements that are unique to Florida.

[Markus]

You might start with a conversation with those that enforce the standards, and just ask them what are the most common issues they run across. My guess would be lawn ornaments (those are easy to rectify), landscaping beds too close to the road, too much stone work replacing the grass, and whatever else they can tell you.

Then read the compliance standard for the particular district you are interested in, and then inspect the place yourself. Make sure you understand the most common issues, and bring a tape measure.
Personally, I wouldn't worry about roof color or paint and trim unless you see something glaringly obvious.


But how would you know who enforces those standards as each neighborhood can have different standards?

[retiredguy123]

But how would you know who enforces those standards as each neighborhood can have different standards?
There is a Deed Compliance Office, which is part of Community Standards, at Sumter Landing, 984 Old Mill Run, 352-751-3912.

Although, I have not found them to be very helpful.

[Debi-G]

Is there any way to find out if a house is in compliance before you buy it

You can either call or go to the Sumter Landing office where the ARC approvals are done, and they can tell you by your address if anything has been submitted and if it has been approved or denied.

[shaw8700@outlook.com]

Bottom line is if you buy a presale, you’re rolling the dice.

[Topspinmo]

In Florida, the statute of limitations for breach of contract (such as violating HOA covenants) is five years. I have no idea why this does not apply to The Villages.

Statute of limitations, waiver and covenant enforcement (https://www.news-journalonline.com/story/news/2014/05/30/statute-of-limitations-waiver-and-covenant-enforcement/30667932007/)


"There are a number of problems with the situation you describe, and your homeowners’ association is going to have a very hard time enforcing the patio-size covenant against you and the other owners.

For one thing, if in fact these patios were built seven years ago, the “statute of limitations” has expired.

A statute of limitations is a time period within which any legal action must be brought. This makes sense, because the more time that passes before a legal action is filed, the less likely that evidence will be available to prove or disprove the dispute, and also because it is not considered “fair” to bring an action after so much time has passed, as the delayed notice of the dispute would be unreasonable to the defendant.

In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years.

The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago."

Some say villages in not HOA. Agree state law should over rule any unincorporated housing project rules.

[Topspinmo]

Bottom line is if you buy a presale, you’re rolling the dice.

Same could be said about new construction also.

[Topspinmo]

Correct, but a home inspector should have knowledge about the local building rules and permitting. If there is an obvious upgrade or addition to the house, I would expect the home inspector to at least recognize it and point out a possible compliance issue to the buyer. Many buyers are new to the area and may not be familiar with the local requirements. You wouldn't want to hire a home inspector who has no local experience. There are also building requirements that are unique to Florida.


Depends on who inspector working for?

[margaretmattson]

You can either call or go to the Sumter Landing office where the ARC approvals are done, and they can tell you by your address if anything has been submitted and if it has been approved or denied.This is the easiest and quickest way to find information on compliance for a home.

[fdpaq0580]

In Florida, the statute of limitations for breach of contract (such as violating HOA covenants) is five years. I have no idea why this does not apply to The Villages.

Statute of limitations, waiver and covenant enforcement (https://www.news-journalonline.com/story/news/2014/05/30/statute-of-limitations-waiver-and-covenant-enforcement/30667932007/)


"There are a number of problems with the situation you describe, and your homeowners’ association is going to have a very hard time enforcing the patio-size covenant against you and the other owners.

For one thing, if in fact these patios were built seven years ago, the “statute of limitations” has expired.

A statute of limitations is a time period within which any legal action must be brought. This makes sense, because the more time that passes before a legal action is filed, the less likely that evidence will be available to prove or disprove the dispute, and also because it is not considered “fair” to bring an action after so much time has passed, as the delayed notice of the dispute would be unreasonable to the defendant.

In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years.

The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago."

Does that mean if the little white cross has been in a yard with no complaints for over five years, then it is need not be removed? Well! Wouldn't that something?

[OrangeBlossomBaby]

There was some hubbub awhile back about a few properties that were built with landscaping that was against the restrictions. There would have been no need for ARC approval, because the properties were still owned by the Developer. So at some point, these properties were up for RE-sale, were purchased, and then - years later - someone submitted complaints and the current home-owners had to deal with the fallout.

So - ARC might be useful, or it might not be. It depends on what you're looking to check on, and how long it's been there. If it came with the house when it was first built, then ARC wouldn't have any request for approval on it.

[tjlee500]

I was able to contact ARC and they provided all Approvals on submitted applications. This is at least something. Then get help to inspect the property by omeone who knows about The Villages to ID anything that he/she recognizes requires an application. It something has not been apprived, you may have an issue that could come back and haunt you.

[ChilePepper]

I agree. As a seller, I would never sign an agreement like that. Also, Florida law has a very detailed disclosure process and legal format. The seller is only liable for defects that he/she is aware of at the time of sale.

Are you sure Florida law has a very detailed disclosure process and legal format? If so, could you please post the statute? I was told Florida home sellers do not have an obligation to disclose, unlike Alabama, where I moved from.

I think this is a good practice and should be key to any legal home sale.

[retiredguy123]

Are you sure Florida law has a very detailed disclosure process and legal format? If so, could you please post the statute? I was told Florida home sellers do not have an obligation to disclose, unlike Alabama, where I moved from.

I think this is a good practice and should be key to any legal home sale.
Apparently, there is no specific Florida statute that addresses every seller disclosure requirement. But, the Florida Statute, Chapter 689, does address many of them.

"In Florida, sellers can use the “Seller’s Property Disclosure Form,” created by the Florida Association of Realtors, but there is no statutory requirement to do so."

[BrianL99]

Are you sure Florida law has a very detailed disclosure process and legal format? If so, could you please post the statute? I was told Florida home sellers do not have an obligation to disclose, unlike Alabama, where I moved from.

I think this is a good practice and should be key to any legal home sale.

What does the seller of a home have to disclose in Florida? - The Robertson Firm (https://robertsonfirm.com/what-does-the-seller-of-a-home-have-to-disclose-in-florida/)

What’s on the Florida Home Seller's Disclosure Form? (https://www.homelight.com/blog/seller-disclosure-form-florida/)

What Home Sellers Must Disclose in Florida | Nolo (https://www.nolo.com/legal-encyclopedia/florida-home-sellers-disclosures-required-under-state-law.html)

[Floridakeyz]

won't the tittle company do that?

[darkim]

Not that I am aware of. There doesn't seem to be any service that will do an inspection looking for deed restriction violations. (if anyone knows of one, please post contact information)

You *can* work with the Community Standards Department to get some information. You can ask them if there have been any ARC approvals (and maybe disapprovals) for changes to the home. In particular, if there is a large amount of stone, a widened driveway, fancy shrub beds, or even a stone wall around the shrub beds then you would hope to find an ARC-approved application for those. Also, if you see something different about the home and those around it then you might ask Community Standards about that as well and hopefully they could tell you that it was either part of the original construction or added after an approval.

You might also be able to contact the county for any permits for work done on the home. I haven't tried this myself but it should be possible.
1. The Seller should make a note on the Disclosure Form. 2. On your offer to purchase...you can add a contingency that the house is. Compliant with The Villages ARC. 3. You should read the ARC rules online before purchasing. And makes notes on the offer to correct anything that is non-compliant. NOTE: just because the neighbors are not compliant doesn't mean the association won't come after you

[retiredguy123]

1. The Seller should make a note on the Disclosure Form. 2. On your offer to purchase...you can add a contingency that the house is. Compliant with The Villages ARC. 3. You should read the ARC rules online before purchasing. And makes notes on the offer to correct anything that is non-compliant. NOTE: just because the neighbors are not compliant doesn't mean the association won't come after you
On a typical disclosure form, the seller includes everything that he/she is aware of regarding non-compliance (See Post No. 27). The buyer cannot add a contingency that would extend beyond the closing. When the closing is executed, the sale is complete. The only recourse the buyer has after the closing is if the seller lied on the disclosure form, which would be fraud.

[Rainger99]

I saw online that another real estate company is offering a $10,000 insurance policy to protect buyers.

The policy would pay for the cost of correcting out-of-compliance issues that were in place when the home was sold. The policy term would be ten years.

That might catch on!

[retiredguy123]

I saw online that another real estate company is offering a $10,000 insurance policy to protect buyers.

The policy would pay for the cost of correcting out-of-compliance issues that were in place when the home was sold. The policy term would be ten years.

That might catch on!
What is the premium? It sounds like another ripoff gimmick like the home warranty that benefits the real estate agent more than the homeowner. It will only catch on if the real estate agents promote it to the seller as a way to sell the house and to get kickbacks for themselves.

[Rainger99]

What is the premium? It sounds like another ripoff gimmick like the home warranty that benefits the real estate agent more than the homeowner. It will only catch on if the real estate agents promote it to the seller as a way to sell the house and to get kickbacks for themselves.

The article was unclear but it appeared that the premium was paid by the real estate agent - not the buyer or seller. The article said that the real estate agent should "start advertising that they include a $10,000 insurance policy." Sort of a way to distinguish your agency from another agency.

Just google "Competing realtors can force The Villages into action on out-of-compliance home sales."

[CoachKandSportsguy]

As you start your new business, be careful that you are not practicing law. (I am assuming you are not a Florida lawyer.) I suggest that you check it out.

You might start here:

Unlicensed Practice of Law and Accountants, Paralegals, and Out-of-State Lawyers (https://privatecorporatecounsel.com/private-corporate-counsel-blog/unlicensed-practice-of-law-and-accountants-paralegals-and-out-of-state-lawyers/)

from the web page:
First, it must be determined whether the activity is the practice of law. Then, it must be determined whether the practice is authorized. If the activity is the practice of law but the activity is authorized, the activity is not the unlicensed practice of law and may be engaged in by a non-lawyer or non-Florida lawyer.

is this a lawyer word salad about determining the issue about which they are concerned?

What's the difference between the authorized practice and the unauthorized practice of law which an unlicensed lawyer can be authorized to practice?

if peter piper picked a peck

:cus: :popcorn:

[Chellybean]

I read that a Remax company is now offer a insurance policy for 10k for the non compliance issues that will force the TV hand. Just a FYI

It isn’t easy to find a solution to the out-of-compliance home sales in The Villages that have already occurred.

The primary real estate firm is the developer-owned Properties of The Villages; it has not provided a solution, leaving homeowners with the cost of compliance.

However, here is a potential solution covering all future sales: Realty Executives and Re-Max appear to be major competitors to the Developer-owned company. he proposed solution is for Realty Executives or Re-Max to start advertising that they include a $10,000 (limit) insurance policy to pay for the cost of correcting out-of-compliance issues that were in place when the home was sold; the policy term would be ten years. These insurance policies will pressure the sales agents to look for out-of-compliance issues before they place homes on the market.

Obviously, the pressure would then be on the Developer-owned company to do the same. It might also encourage our District Government to provide a for-fee compliance inspection service.

[bsloan1960]

Is there any way to find out if a house is in compliance before you buy ithttps://i.imgur.com/UrNoePc.png There's a meme for that

[Bill14564]

I read that a Remax company is now offer a insurance policy for 10k for the non compliance issues that will force the TV hand. Just a FYI

It isn’t easy to find a solution to the out-of-compliance home sales in The Villages that have already occurred.

The primary real estate firm is the developer-owned Properties of The Villages; it has not provided a solution, leaving homeowners with the cost of compliance.

However, here is a potential solution covering all future sales: Realty Executives and Re-Max appear to be major competitors to the Developer-owned company. he proposed solution is for Realty Executives or Re-Max to start advertising that they include a $10,000 (limit) insurance policy to pay for the cost of correcting out-of-compliance issues that were in place when the home was sold; the policy term would be ten years. These insurance policies will pressure the sales agents to look for out-of-compliance issues before they place homes on the market.

Obviously, the pressure would then be on the Developer-owned company to do the same. It might also encourage our District Government to provide a for-fee compliance inspection service.

I believe that was an idea from another poster on what another company *should* do and not what is actually being done. It would be interesting to see it tried but I'm skeptical. There would be a cost to provide that $10K policy that would have to be paid for somehow. Would Re-Max take it out of their cut or would they add it onto their fee? Would a buyer want to pay a higher fee to Re-Max for yet another extended warranty?

[JustSomeGuy]

This case was ruled in favor of the association and against the enclosed balcony. The HOA rules against enclosed balconies constructed after 1981 were allowed to stand.

The CDDs do not appear to be practicing selective enforcement. I am not aware of any case of a valid complaint being ignored or a deed restriction violation being allowed to continue. In every case I am aware of, the CDDs have taken action to require deed restrictions to be obeyed.

Now, the argument might be different for an internal deed restriction. While the CDDs must operate "in the sunshine," the Developer does not. There is a standing belief/accusation that the Developer has ignored internal deed restriction violations which were brought to their attention. If this is true, if the Developer has chosen to not enforce the restrictions, then future enforcement might be challenged as being selective.

I think you misunderstand what selective enforcement means. Legally it means if the CDD or one of it's agents/enforcers knows of or sees a violation and ignores it due to no complaints they are selectively enforcing the deed restriction. The CDD can say anything they want or put a policy of requiring a complaint be filed. That has no legal standing and in fact shows selective enforcement. Judge looks at facts... does the CDD allow say, signs or not. Yes or no question. You either have a deed restriction or you do not. They are not voluntary, we sign our rights away at closing. CDD's, if challenged (key point. You can say anything and if people comply so be it.) would not be able to show that they enforce deed restrictions uniformly and they have a duty, for the protection of all who signed the deed restrictions, to do so. Current policy would allow this situation - two houses have contractor signs in front yard. One gets a complaint and visit from CDD rep telling them to remove sign. CDD rep sees sign across street and does nothing due to no complaint. Rep allows sign to stay and drive off. Deed restriction is being enforced selectively, which is not part of the documents we signed.

[Topspinmo]

After I buying my house and looking through paperwork I noticed it didn’t list hot tub. Then, I found out hot tubs in my county require permit. No permit was ever submitted. The agent specifically point out hot tub as selling. Long story short I think they knew about the requirements of beings I was fresh fish failed to mention it. Wasn’t problem cause it broke 6 months later and I got rid of it. IMO the far more houses out of some compliance than we think. It just don’t rear its ugly here till some vindictive neighbor reports it.

[retiredguy123]

I think you misunderstand what selective enforcement means. Legally it means if the CDD or one of it's agents/enforcers knows of or sees a violation and ignores it due to no complaints they are selectively enforcing the deed restriction. The CDD can say anything they want or put a policy of requiring a complaint be filed. That has no legal standing and in fact shows selective enforcement. Judge looks at facts... does the CDD allow say, signs or not. Yes or no question. You either have a deed restriction or you do not. They are not voluntary, we sign our rights away at closing. CDD's, if challenged (key point. You can say anything and if people comply so be it.) would not be able to show that they enforce deed restrictions uniformly and they have a duty, for the protection of all who signed the deed restrictions, to do so. Current policy would allow this situation - two houses have contractor signs in front yard. One gets a complaint and visit from CDD rep telling them to remove sign. CDD rep sees sign across street and does nothing due to no complaint. Rep allows sign to stay and drive off. Deed restriction is being enforced selectively, which is not part of the documents we signed.
I would take issue with your last sentence. My deed restriction document contains a paragraph entitled "Enforcement". In that paragraph, it states that the Declarant (The Villages/CDD) has the "right" to enforce the deed restrictions, but they do not have the "duty" to enforce them. To me, that allows for selective enforcement.

Also, The Villages website, "districtgov.org" clearly states that the deed enforcement process is "entirely complaint driven".

[Bill14564]

I think you misunderstand what selective enforcement means. Legally it means if the CDD or one of it's agents/enforcers knows of or sees a violation and ignores it due to no complaints they are selectively enforcing the deed restriction. The CDD can say anything they want or put a policy of requiring a complaint be filed. That has no legal standing and in fact shows selective enforcement. Judge looks at facts... does the CDD allow say, signs or not. Yes or no question. You either have a deed restriction or you do not. They are not voluntary, we sign our rights away at closing. CDD's, if challenged (key point. You can say anything and if people comply so be it.) would not be able to show that they enforce deed restrictions uniformly and they have a duty, for the protection of all who signed the deed restrictions, to do so. Current policy would allow this situation - two houses have contractor signs in front yard. One gets a complaint and visit from CDD rep telling them to remove sign. CDD rep sees sign across street and does nothing due to no complaint. Rep allows sign to stay and drive off. Deed restriction is being enforced selectively, which is not part of the documents we signed.

You should read the deed restrictions and go to one of the sessions explaining the structure of our local government. That session would be an excellent place to get accurate, authoritative information about this.

- The CDD does not know of a violation before it is presented to them at a CDD meeting. The CDD has no eyes, it has no investigative powers, it has no agents, it has no representatives. The CDD has five commissioners who have monthly meetings that cover many topics, one of which are notifications of deed compliance violations.

- I have not heard of a single case where a complaint was brought before the CDD that they did not vote to enforce compliance. No selectivity, just overall enforcement. At times CDDs have expressed regret that they were not able to disregard a violation but in the end, they voted for enforcement.

- No, the CDD does not allow signs. When the CDD is made aware of a sign, they take appropriate action to have the sign removed.

We can argue all day about who is correct in their personal interpretation but that will get us nowhere. I cannot prove a negative, I cannot prove that there was never a case that claimed selective enforcement that was denied. I can assert that I am not aware of any such cases but there is no way to prove that.

You, on the other hand, have a much simpler task. Show one case where a deed restriction violation has been allowed to continue on the basis of selective enforcement. Show just one and it will prove your case and make some Villagers quite hopeful about their particular situation.

[BrianL99]

Poor selection of words on my part. Not in the legal decision. Selective enforcement is the term I should have used. Article is on the Florida Community Association Professional site. Search "Enforcing a Previously Unenforced Covenant, Restriction, or Rule and Regulation". Any individual can voluntarily give up any legal right they are entitled to. CDD would likely propose a confidential settlement prior to a final legal decision to avoid having the deed restriction that is being challenged determined to be invalid for the entire CDD.


The current policy of requiring a complaint to investigate a violation of the community standards puts the CDD at risk of losing that deed restriction completely or being forced to notify all residents that the specific restriction is now being enforced. Legal case out of Miami sets precedent. Dealt with enclosed balconies. They were prohibited. Most condos enclosed their balconies. County made an issue and the HOA (same entity as cdd when it comes to the law and enforcing deed restrictions) announced that it was again enforcing the restriction against enclosing balconies. New resident enclosed balcony. Even though over half the condos had enclosed balconies they had to remove enclosure but the other non-compliant enclosed balconies did not have to remove their enclosure since inaction by the HOA and residents seeing other residents enclose their balconies with no enforcement caused the deed restriction to become invalid.... until it was formally reinstated on future occurrences. If a CDD knowingly allows violations then the restriction becomes invalid. The CDD is the enforcer of the deed restrictions, not a complainant. The CDD has a duty to enforce the deed restrictions evenly and fairly for all residents and on all residents. It fails this duty by allowing one neighbor to violate the same restriction because no complaints were received but enforce it on another. Of course it takes a resident with the ability to sue the CDD and stick with it to prevail. Law is clear on this and all CDD and HOA's are warned of this or should be by their counsel. If challenged a CDD can negotiate and approve the "violation" but require a confidential settlement agreement, which shields the CDD and avoids a legal case that voids their deed restrictions for all residents. They settle out of court before trial so only one resident knows (but can't tell anyone) the deed restriction is likely no longer valid. The other residents, who read the deed restrictions, assume it is still valid and comply. Case is Chattel Shipping and Inv., Inc. v. Brickell Place Condominium Ass’n, Inc., 481 So.2d 29, 10 Fla. L. Weekly 2719 (Fla. App., 1985). Went to Florida Supreme Court.


I think you misunderstand what selective enforcement means. Legally it means if the CDD or one of it's agents/enforcers knows of or sees a violation and ignores it due to no complaints they are selectively enforcing the deed restriction. The CDD can say anything they want or put a policy of requiring a complaint be filed. That has no legal standing and in fact shows selective enforcement. Judge looks at facts... does the CDD allow say, signs or not. Yes or no question. You either have a deed restriction or you do not. They are not voluntary, we sign our rights away at closing. CDD's, if challenged (key point. You can say anything and if people comply so be it.) would not be able to show that they enforce deed restrictions uniformly and they have a duty, for the protection of all who signed the deed restrictions, to do so. Current policy would allow this situation - two houses have contractor signs in front yard. One gets a complaint and visit from CDD rep telling them to remove sign. CDD rep sees sign across street and does nothing due to no complaint. Rep allows sign to stay and drive off. Deed restriction is being enforced selectively, which is not part of the documents we signed.


You keep posting all this convoluted legal reasoning, that doesn't hold water.

A CDD and an HOA, are completely separate and distinct entities, with different purposes and authority. Lumping them together and saying the same rules that apply to a CDD also apply to an HOA, is s giant leap. A CDD is a unit of government in Florida. Perhaps you've noticed that government can sometimes do things differently than private enterprise can do them?

Generally, Statute of Limitations do not apply to government actions (or inactions), nor does Estoppel. When governments get caught behind the curve on such things, inevitably the legislature steps in and takes control of the situation. The Morse family invests more money in electing legislators in Florida, than most anyone else. They practically own the Governor, as evidenced by the Owen Miller situation.

With TV Deed Restrictions, we're dealing with a particularly odd scenario. There are numerous beneficiaries to the restrictions and covenants, many of whom have relied on them when buying property in TV. It's ridiculous to say that someone who bought in a Deed Restricted community, doesn't get the benefit of those restrictions, because someone didn't enforce something 12 years ago.

Not only does TV have confusing and sometimes contradictory covenants and restrictions, most of the restrictions include a "may enforce, but not a duty to enforce" provision (which is "selective enforcement" by design). That's an unusual situation and how a court may rule on such a provision, is a complete mystery.

One thing you can be sure of, the Developer of TV used the best attorneys available, to draft their deed restrictions and in fact, had a hand in drafting the legislation that created CDD's in the first place.

The fact of the matter is, no one is going beat TV at their game of controlling TV, as they have. They effectively control all the CDD's and that will continue as long as they want it to. They're not going to allow anyone to upset their apple cart, without a huge fight. The resources necessary to fight the Morse family, are formidable.

[Marathon Man]

You keep posting all this convoluted legal reasoning, that doesn't hold water.



Agree. Let those who are certain that the current system is not legal put their money where their mouths are. Place a giant bird in your front yard. Report the violation. Hire a lawyer when you get 'the dreaded knock on the door'. Report on here how things go.

[Altavia]

You should read the deed restrictions and go to one of the sessions explaining the structure of our local government. That session would be an excellent place to get accurate, authoritative information about this.

- The CDD does not know of a violation before it is presented to them at a CDD meeting. The CDD has no eyes, it has no investigative powers, it has no agents, it has no representatives. The CDD has five commissioners who have monthly meetings that cover many topics, one of which are notifications of deed compliance violations.

- I have not heard of a single case where a complaint was brought before the CDD that they did not vote to enforce compliance. No selectivity, just overall enforcement. At times CDDs have expressed regret that they were not able to disregard a violation but in the end, they voted for enforcement.

- No, the CDD does not allow signs. When the CDD is made aware of a sign, they take appropriate action to have the sign removed.

We can argue all day about who is correct in their personal interpretation but that will get us nowhere. I cannot prove a negative, I cannot prove that there was never a case that claimed selective enforcement that was denied. I can assert that I am not aware of any such cases but there is no way to prove that.

You, on the other hand, have a much simpler task. Show one case where a deed restriction violation has been allowed to continue on the basis of selective enforcement. Show just one and it will prove your case and make some Villagers quite hopeful about their particular situation.

The paradox is it also seems impossible to independently prove a pre-owned home is in compliance before purchase.

If a home has a non-compliance in place 5+ yrs, l don't understand why the statute of limitations doesn't apply?

[Altavia]

///

[Bill14564]

The paradox, especially when purchasing a pre-owned home, is it also seems impossible to independently prove a pre-owned home is in compliance before purchase.

If a home has a non-compliance in place 5+ yrs, l don't understand why the statute of limitations doesn't apply?

There probably is no statute of limitations but I agree, there ought to be some kind of relief for an unsuspecting buyer.

Of course it's easy to see the lawn ornaments - it is also easy to remove them. But how would a person know that the shingles that were replaced four years ago? And even if they knew that, why would they expect and how would they reasonably know that the shingles were the wrong color?

Maybe the trim paint on the house looks a little out of place but is that enough to follow through with Community Standards and provide enough information that they could tell you if there was a painting violation?

If every home on the street has stone in front, why would you expect that stone wasn't allowed? How could you know or why would you even think to ask if the home you are about to buy is the only one that wasn't put in by the developer and therefore is not allowed?

Some driveways in the neighborhood are extra wide, others have a bump-out for turning around, yours has a loop with a small island in the middle. What would make you think yours was the one that was not allowed? What would you need to ask Community Standards in order to find out?

What if your home looked exactly like the neighbors in every way? Similar paint, similar shingles, similar shrub beds, similar borders around the tree, similar driveway design. Everything looks good, nothing to raise any questions at all. Then five years later you get a knock on the door informing you that your driveway is two inches too wide and will need to be replaced.

Many times over the past several years I, or others, have suggested some form of deed-compliance inspection for pre-owned homes. Some way to get assurance that there are no hidden issues about to be transferred with the sale. I honestly like the idea of grandfathering anything issue the house had when it was sold. If that is too much, then have an inspection service that can identify hidden issues and then grandfather anything that was not identified during the inpection.

[Altavia]

There probably is no statute of limitations but I agree, there ought to be some kind of relief for an unsuspecting buyer.



A search finds several cases such as this.

5-year-statute-limitations-enforce-covenant-violations
(https://www.floridatoday.com/story/money/business/2022/08/28/poliakoff-5-year-statute-limitations-enforce-covenant-violations/10066536002/
)

Section 95.11, Fla. Stat. sets out time limitations within with lawsuits must be filed. This is called a “statute of limitations.” A “legal or equitable action on a contract, obligation, or liability founded on a written instrument…” must be brought within five years of the time of the injury.

The CCD is probably a different animal legally, but Imagine how much time and frustration that could be avoided if a statue of limitations were adopted into the restrictions?

...



Many times over the past several years I, or others, have suggested some form of deed-compliance inspection for pre-owned homes. Some way to get assurance that there are no hidden issues about to be transferred with the sale. I honestly like the idea of grandfathering anything issue the house had when it was sold. If that is too much, then have an inspection service that can identify hidden issues and then grandfather anything that was not identified during the inpection.




I think Don Wiley mentioned the Supervisors were trying to find a solution.

[CoachKandSportsguy]

I think Don Wiley mentioned the Supervisors were trying to find a solution.

don't hold your breath on the supervisors solving the problem anytime soon. .

part of Morse's original vision was total control of the development and rules, can be easily observed with his disdain of HOA/POA structures.

one of the problems with hoomans is that as groups get large, the groups get harder to manage. Likewise the world changes and what was good 30 years ago when small, might not be great today at scale. .. . .

everything that works, continues until it doesn't work.

[Altavia]

don't hold your breath on the supervisors solving the problem anytime soon. .

part of Morse's original vision was total control of the development and rules, can be easily observed with his disdain of HOA/POA structures.

one of the problems with hoomans is that as groups get large, the groups get harder to manage. Likewise the world changes and what was good 30 years ago when small, might not be great today at scale. .. . .

everything that works, continues until it doesn't work.

Probably.

Some Districts recently updated the standards to no longer investigate annomous complaints or complaints from people not residing in the District.

So there is a thread of hope...

[CoachKandSportsguy]

Probably.

Some Districts recently updated the standards to no longer investigate annomous complaints or complaints from people not residing in the District.

So there is a thread of hope...

Sliver, just flow limiting, doesn't solve the resale issue, nor the statute of limitations,
nor the original sale by the villages of out of compliance new houses

sliver of hope strings along optimists.