View Full Version : Bird Sculptures in the Garden- Anyone Actually Know If Allowed
bsloan1960
02-18-2024, 04:07 PM
I see that about one out of every 10 houses here- 7,000 houses(?) has sculptures of Sandhill Cranes, or other birds in their gardens.
Is this allowed? Do you actually know one way or another? I'm asking because I recently 'heard' someone got dinged for having them. But what about the other 6999 houses?
No. I don't want to call TV- I don't want them even knowing what I thinking.
retiredguy123
02-18-2024, 04:12 PM
For many of The Villages houses, the deed restriction document does not allow "lawn ornaments". Lots of violations, but no enforcement unless someone files a complaint. It is a complaint driven system.
shut the front door
02-18-2024, 04:26 PM
It depends on which CDD you live in. You haven't read them for your village?
villagetinker
02-18-2024, 08:13 PM
There is no specific restriction for the bird statues, as noted above the restriction is generally for lawn ornaments DEPENDING on which CDD you are in, you need to read your specific restrictions. If you have these and someone complains you will get a visit from the ARC representative and will be told to remove them.
JustSomeGuy
02-18-2024, 09:00 PM
I see that about one out of every 10 houses here- 7,000 houses(?) has sculptures of Sandhill Cranes, or other birds in their gardens.
Is this allowed? Do you actually know one way or another? I'm asking because I recently 'heard' someone got dinged for having them. But what about the other 6999 houses?
No. I don't want to call TV- I don't want them even knowing what I thinking.
Those covenants that are not universally enforced by the CDD legally can't be selectively enforced on just those who get a complaints. Florida legal precedent (such as Hallmark of Hollywood Condominium Association Inc. v. Andrews, Case 2003-09-2380) says that if a covenant is not enforced evenly then it can't be enforced. A complaint does not change that. Lawn ornaments are either allowed or not allowed by the CDD. The CDD can give notice and start enforcing a covenant again, grandfathering old violations (Chattel Shipping and Investment Inc. v. Brickell Place Condominium Association Inc., 481 So.2d 29 (FLA. 3rd DCA 1986) but that is not the case in The Villages. If someone challenges the CDD and quotes the precedent the lawyers should stop enforcement since it will open up that CDD to legal action. The CDD has the responsibility to enforce all covenants and restrictions evenly. Waiting for a complaint is ignoring this responsibility. It puts the CDD at risk of losing the power to enforce a specific covenant (not all, just those selectively enforced), such as lawn ornaments. The CDD has a duty to all who sign the deed restrictions to enforce those restrictions.
fdpaq0580
02-18-2024, 09:00 PM
Lawn ornaments? No! Garden ornaments? Uh????
Most folks won't care if they look nice. But, it only takes one complaint to prompt a visit.
retiredguy123
02-18-2024, 09:24 PM
Those covenants that are not universally enforced by the CDD legally can't be selectively enforced on just those who get a complaints. Florida legal precedent (such as Hallmark of Hollywood Condominium Association Inc. v. Andrews, Case 2003-09-2380) says that if a covenant is not enforced evenly then it can't be enforced. A complaint does not change that. Lawn ornaments are either allowed or not allowed by the CDD. The CDD can give notice and start enforcing a covenant again, grandfathering old violations (Chattel Shipping and Investment Inc. v. Brickell Place Condominium Association Inc., 481 So.2d 29 (FLA. 3rd DCA 1986) but that is not the case in The Villages. If someone challenges the CDD and quotes the precedent the lawyers should stop enforcement since it will open up that CDD to legal action. The CDD has the responsibility to enforce all covenants and restrictions evenly. Waiting for a complaint is ignoring this responsibility. It puts the CDD at risk of losing the power to enforce a specific covenant (not all, just those selectively enforced), such as lawn ornaments. The CDD has a duty to all who sign the deed restrictions to enforce those restrictions.
You may be legally correct, but, if so, The Villages is totally ignoring your legal interpretation. Here is an excerpt from "districtgov.org":
"The Community Standards Deed Compliance Division is entirely complaint driven."
Arctic Fox
02-18-2024, 09:34 PM
I see that about one out of every 10 houses here- 7,000 houses(?) has sculptures of Sandhill Cranes, or other birds in their gardens. Is this allowed? Do you actually know one way or another?
It is so easy to ask ARC whenever you want to do anything that I am surprised people skip that step (and then act hurt if there are repercussions).
Whether or not these 10% did we'll never know, but if you want one then check with ARC ahead of time.
BigDawgInLakeDenham
02-18-2024, 09:50 PM
Are you sure they're ornaments because sometimes the real things are so lifelike they look fake???:jester::jester::jester:
margaretmattson
02-19-2024, 03:02 AM
There is no specific restriction for the bird statues, as noted above the restriction is generally for lawn ornaments DEPENDING on which CDD you are in, you need to read your specific restrictions. If you have these and someone complains you will get a visit from the ARC representative and will be told to remove them.lawn ornaments are defined as man-made items (aka yard art) outside the footprint of a home. This includes statues and ornaments in a garden.
As others have said, it is a complaint driven system. I have seen lawn ornaments in MANY yards throughout the villages. If you encounter a homeowner who does not like your yard art, you will be forced to remove it. It doesn't seem to matter that thousands of other homes have lawn ornaments in their yards. YOU are the one who received a complaint.
dtennent
02-19-2024, 03:35 AM
What if I have a fish pond with gold fish swimming in it? Are the fish lawn ornaments?
What if I get tired of the birds eating the gold fish and put ceramic fish under the water? Are they lawn ornaments?
What if I drain the pond but leave the ceramic goldfish. Are they lawn ornaments?
What if I skip the pond altogether and have ceramic fish in my garden? Are these lawn ornaments?
Whew, this sounds like an exercise for Philosophy 101.
fdpaq0580
02-19-2024, 11:45 AM
What if I have a fish pond with gold fish swimming in it? Are the fish lawn ornaments?
What if I get tired of the birds eating the gold fish and put ceramic fish under the water? Are they lawn ornaments?
What if I drain the pond but leave the ceramic goldfish. Are they lawn ornaments?
What if I skip the pond altogether and have ceramic fish in my garden? Are these lawn ornaments?
Whew, this sounds like an exercise for Philosophy 101.
And what if a bird eats one of the ceramic fish, flies into a tree, chokes on the fish and dies, then falls to the ground. Does it make a sound if there is no one there to hear it?
This is fun!
Marathon Man
02-19-2024, 11:48 AM
I see that about one out of every 10 houses here- 7,000 houses(?) has sculptures of Sandhill Cranes, or other birds in their gardens.
Is this allowed? Do you actually know one way or another? I'm asking because I recently 'heard' someone got dinged for having them. But what about the other 6999 houses?
No. I don't want to call TV- I don't want them even knowing what I thinking.
Read your deed restrictions. Look for the words 'lawn ornaments'. Restrictions vary so you need to look at yours.
Taltarzac725
02-19-2024, 12:04 PM
The sandhill crane ornaments in this part of the Villages are all over the place but appear to be made by the same company or maybe even person.
Two Bills
02-19-2024, 02:07 PM
I think a nice flamboyance of Plastic Pink Flamingos looks so sophisticated around a front yard,.
Dusty_Star
02-19-2024, 02:40 PM
I think a nice flamboyance of Plastic Pink Flamingos looks so sophisticated around a front yard,.
& so very Florida
OrangeBlossomBaby
02-19-2024, 02:48 PM
Those covenants that are not universally enforced by the CDD legally can't be selectively enforced on just those who get a complaints. Florida legal precedent (such as Hallmark of Hollywood Condominium Association Inc. v. Andrews, Case 2003-09-2380) says that if a covenant is not enforced evenly then it can't be enforced. A complaint does not change that. Lawn ornaments are either allowed or not allowed by the CDD. The CDD can give notice and start enforcing a covenant again, grandfathering old violations (Chattel Shipping and Investment Inc. v. Brickell Place Condominium Association Inc., 481 So.2d 29 (FLA. 3rd DCA 1986) but that is not the case in The Villages. If someone challenges the CDD and quotes the precedent the lawyers should stop enforcement since it will open up that CDD to legal action. The CDD has the responsibility to enforce all covenants and restrictions evenly. Waiting for a complaint is ignoring this responsibility. It puts the CDD at risk of losing the power to enforce a specific covenant (not all, just those selectively enforced), such as lawn ornaments. The CDD has a duty to all who sign the deed restrictions to enforce those restrictions.
They are universally enforced. If someone complains about a property being out of compliance, then Community Standards will investigate. If the property is shown to actually be out of compliance, the owner will be required to bring it back into compliance. Community Standards will enforce that rule, so long as someone informs them that a property needs the rule to be enforced. Properties are assumed to be in compliance until Community Standards is informed otherwise.
retiredguy123
02-19-2024, 02:52 PM
I think a nice flamboyance of Plastic Pink Flamingos looks so sophisticated around a front yard,.
I don't care if my neighbor has 50 pink flamingos in their yard. But, if they have one wind chime, I would do whatever it takes to get rid of it. Unfortunately, wind chimes are not addressed in the deed restrictions.
Velvet
02-19-2024, 03:47 PM
I don't care if my neighbor has 50 pink flamingos in their yard. But, if they have one wind chime, I would do whatever it takes to get rid of it. Unfortunately, wind chimes are not addressed in the deed restrictions.
I agree. Some people seem to like this incessant noise pollution. They might find it soothing especially if they are hard of hearing, but it gives me a headache. To wake up to it, to listen all day, to try to go to sleep with it….
Byte1
02-19-2024, 05:38 PM
Is it just OLD folks that complain incessantly, or do young folks complain about other folks property too?
To the OP, don't ask folks that will just give you their opinion. Reed the deed restrictions or as the Villages officials that are supposed to know the answers. If it was up to me, I don't care what a neighbor does to their yard, as long as his/her/it's weeds don't migrate to my lawn and garden. I might be annoyed IF/IF they are loud for too long, AFTER dark or before sunup and I am annoyed if they allow their dogs use my lawn for a toilet(even though I love animals more than people). Everyone has their own quirks and IMO others should be tolerant within reason. Problem with "within reason" is qualifying what it means to different folks. But, IMO life is getting shorter and shorter and folks should use their time left smartly, so as to enjoy it. Never did enjoy the military style housing and moved off base whenever possible. But, I didn't have to pay for gov housing so I lived by their standards.
Just be careful not to display a small white cross on your property, because there seems to be a lot of vampires residing in the Villages that get very angry. It keeps them from passing by your home without causing them a great deal of anguish.
coffeebean
02-20-2024, 07:17 AM
I don't care if my neighbor has 50 pink flamingos in their yard. But, if they have one wind chime, I would do whatever it takes to get rid of it. Unfortunately, wind chimes are not addressed in the deed restrictions.
Agree about the wind chimes. Chimes are not addressed in deed restrictions? The lovely music they make is noise pollution to me. Wind chimes can be extremely annoying as there is no stopping the chiming at any given moment. They chime during the night too which can disrupt one's sleep. It is very disappointing that The Villages allows them.
coffeebean
02-20-2024, 07:18 AM
I agree. Some people seem to like this incessant noise pollution. They might find it soothing especially if they are hard of hearing, but it gives me a headache. To wake up to it, to listen all day, to try to go to sleep with it….
OMG.......I just now posted exactly your thoughts.
Topspinmo
02-20-2024, 09:11 AM
I see that about one out of every 10 houses here- 7,000 houses(?) has sculptures of Sandhill Cranes, or other birds in their gardens.
Is this allowed? Do you actually know one way or another? I'm asking because I recently 'heard' someone got dinged for having them. But what about the other 6999 houses?
No. I don't want to call TV- I don't want them even knowing what I thinking.
In my district it covers front yards. But, most ignore, I estimate about 30% plus are in violation in any village I go in my district.
You really have to bring up restrictions in your district and study them cause they are not all the same. Then, if you haven’t been lawyer you won’t be able to determine what it means anyway. :shrug:
Topspinmo
02-20-2024, 09:14 AM
Agree about the wind chimes. Chimes are not addressed in deed restrictions? The lovely music they make is noise pollution to me. Wind chimes can be extremely annoying as there is no stopping the chiming at any given moment. They chime during the night too which can disrupt one's sleep. It is very disappointing that The Villages allows them.
So, do you hear them when wind not blowing? I do:oops:
Topspinmo
02-20-2024, 09:19 AM
They are universally enforced. If someone complains about a property being out of compliance, then Community Standards will investigate. If the property is shown to actually be out of compliance, the owner will be required to bring it back into compliance. Community Standards will enforce that rule, so long as someone informs them that a property needs the rule to be enforced. Properties are assumed to be in compliance until Community Standards is informed otherwise.
They also assume that on resale properties which some times new owners get stung big time. Let’s see? what the street meaning of assuming? They also assume we have money tree’s planted in our yards that they can pluck yearly.:jester:
Taltarzac725
02-20-2024, 04:53 PM
A lot of the sandhill crane metal sculptures look like they are by a local talent. He/she/they do excellent work. Does anyone know the company?
BrianL99
02-20-2024, 06:02 PM
Those covenants that are not universally enforced by the CDD legally can't be selectively enforced on just those who get a complaints. Florida legal precedent (such as Hallmark of Hollywood Condominium Association Inc. v. Andrews, Case 2003-09-2380) says that if a covenant is not enforced evenly then it can't be enforced. A complaint does not change that. Lawn ornaments are either allowed or not allowed by the CDD. The CDD can give notice and start enforcing a covenant again, grandfathering old violations (Chattel Shipping and Investment Inc. v. Brickell Place Condominium Association Inc., 481 So.2d 29 (FLA. 3rd DCA 1986) but that is not the case in The Villages. If someone challenges the CDD and quotes the precedent the lawyers should stop enforcement since it will open up that CDD to legal action. The CDD has the responsibility to enforce all covenants and restrictions evenly. Waiting for a complaint is ignoring this responsibility. It puts the CDD at risk of losing the power to enforce a specific covenant (not all, just those selectively enforced), such as lawn ornaments. The CDD has a duty to all who sign the deed restrictions to enforce those restrictions.
You really should seek competent legal advice, before offer quasi-legal advice, unsubstantiated by the facts.
Normal
02-21-2024, 06:44 AM
And what if a bird eats one of the ceramic fish, flies into a tree, chokes on the fish and dies, then falls to the ground. Does it make a sound if there is no one there to hear it?
This is fun!
What if the said bird was a sand crane? Then when the autopsy was performed fingerprints and DNA were recovered from the goldfish? Is the original owner of the pond culpable?
dhdallas
02-21-2024, 10:05 PM
I see that about one out of every 10 houses here- 7,000 houses(?) has sculptures of Sandhill Cranes, or other birds in their gardens.
Is this allowed? Do you actually know one way or another? I'm asking because I recently 'heard' someone got dinged for having them. But what about the other 6999 houses?
No. I don't want to call TV- I don't want them even knowing what I thinking.
They are classified as lawn ornaments and as such are a violation of the deed restrictions. But like you said, there are countless homes with metal bird sculptures in their yards. You would think that somebody would try a little individuality & display something besides a bird instead of just copying everyone else. Then again, the cookie-cutter houses all look the same so why not have cookie-cutter lawn ornaments. It adds to that Twilight Zone/Stepford vibe!
Taltarzac725
02-22-2024, 09:44 AM
Coastal Garden Decor | Bella Coastal Decor (https://www.bellacoastaldecor.com/beach-garden-decor.html)
Some of the Villages sandhill crane statues seem to be from this company.
vintageogauge
02-22-2024, 11:34 AM
Those covenants that are not universally enforced by the CDD legally can't be selectively enforced on just those who get a complaints. Florida legal precedent (such as Hallmark of Hollywood Condominium Association Inc. v. Andrews, Case 2003-09-2380) says that if a covenant is not enforced evenly then it can't be enforced. A complaint does not change that. Lawn ornaments are either allowed or not allowed by the CDD. The CDD can give notice and start enforcing a covenant again, grandfathering old violations (Chattel Shipping and Investment Inc. v. Brickell Place Condominium Association Inc., 481 So.2d 29 (FLA. 3rd DCA 1986) but that is not the case in The Villages. If someone challenges the CDD and quotes the precedent the lawyers should stop enforcement since it will open up that CDD to legal action. The CDD has the responsibility to enforce all covenants and restrictions evenly. Waiting for a complaint is ignoring this responsibility. It puts the CDD at risk of losing the power to enforce a specific covenant (not all, just those selectively enforced), such as lawn ornaments. The CDD has a duty to all who sign the deed restrictions to enforce those restrictions.
Not true and it's going through the court system right now. The CDD is following the restrictions by taking action on any complaint as they are enforced only after a complaint is received per the deed restrictions.
Decadeofdave
02-22-2024, 11:55 AM
Keep tasteful ornaments such as sand hill cranes etc. underneath the eve of the house. That is within the footprint of the house.
Dusty_Star
02-22-2024, 12:45 PM
Coastal Garden Decor | Bella Coastal Decor (https://www.bellacoastaldecor.com/beach-garden-decor.html)
Some of the Villages sandhill crane statues seem to be from this company.
This site has some nice things, thanks!
Ozzello
02-23-2024, 06:14 AM
Are they bothering you? Are your friends coming over asking how you could live in a neighborhood junked up with lawn ornaments? Did you try to sell your house, but the potential buyer was put off by the house next door's tasteful and partially hidden lawn art?
The rules are in place for a reason, that reason is not to give bored people something to nitpik about.
Taltarzac725
02-23-2024, 06:49 AM
Are they bothering you? Are your friends coming over asking how you could live in a neighborhood junked up with lawn ornaments? Did you try to sell your house, but the potential buyer was put off by the house next door's tasteful and partially hidden lawn art?
The rules are in place for a reason, that reason is not to give bored people something to nitpik about.
These are very tasteful IMHO. Cuddling Cranes Statuary | Bella Coastal Decor (https://www.bellacoastaldecor.com/cuddling-cranes-statuary.html)
asianthree
02-23-2024, 04:41 PM
Last week watched a person walking the outer perimeter of a neighbors yard taking pics . While at neighborhood meeting mentioned the mystery person and asked if they were selling.
Trying her best not to bust out laughing as she could “my cameras picked up the stranger”, “I have been the victim of the wandering troll” nope not selling my house, but I am making cookies for when the compliance guy stops by.:1rotfl:
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