Arc approval seems to be flawed

[Chellybean]

Unfortunately, the ARC approval is flawed greatly.
Not only that Village homes are sold out of compliance and then
become a costly problems to the new homeowner to bring it into compliance, there are no checks and balances. The landscapers help the homeowners submit a permit so it is properly written in the permit for approval then it is the wild wild west in installation, which doesn't meet the ARC approval or the deed restrictions of the District. Landscapers do not have to be licensed under DBPR in Florida and the permit is done in the property owners name and the property owner suffers the consequences!
ARC needs to have an inspection process after the ARC permit is approved and the changes are made to the property. Instead, it puts neighbors in a feud with each other and in my opinion, it becomes selective enforcement when a complaint is filed when neighbors complain, in my opinion! This is not complaint driven as we are told, (complete NONSENSE) The Business model of Villa*e P*lm was draw it correctly and we will put it in the way you want in spite of the encroachment to the adjacent neighbor’s property.
Beware of Wendy and Bill's shenanigans, i have had to deal with these Je*ks for over ten years with the neighbors that have encroached my property repeatedly, if i didn't stop them over the years they would of come into my property, BEWARE of this behavior before going forward with any improvements!

[vintageogauge]

Not enough homework. They DO inspections when the work is completed. I had them here twice, once for hard-scapes and the other after my lanai enclosure was completed. They found one issue with the enclosure that I had to have corrected everything else was fine. I think they do a great job if you follow procedures.

[graciegirl]

Unfortunately, the ARC approval is flawed greatly.
Not only that Village homes are sold out of compliance and then
become a costly problems to the new homeowner to bring it into compliance, there are no checks and balances. The landscapers help the homeowners submit a permit so it is properly written in the permit for approval then it is the wild wild west in installation, which doesn't meet the ARC approval or the deed restrictions of the District. Landscapers do not have to be licensed under DBPR in Florida and the permit is done in the property owners name and the property owner suffers the consequences!
ARC needs to have an inspection process after the ARC permit is approved and the changes are made to the property. Instead, it puts neighbors in a feud with each other and in my opinion, it becomes selective enforcement when a complaint is filed when neighbors complain, in my opinion! This is not complaint driven as we are told, (complete NONSENSE) The Business model of Villa*e P*lm was draw it correctly and we will put it in the way you want in spite of the encroachment to the adjacent neighbor’s property.
Beware of Wendy and Bill's shenanigans, i have had to deal with these Je*ks for over ten years with the neighbors that have encroached my property repeatedly, if i didn't stop them over the years they would of come into my property, BEWARE of this behavior before going forward with any improvements!

Not all people follow the rules. Not all people seek ARC approval. Not all people have good taste.

Your post is a valid vote for anonymous reporting.

Not all complaints are found to be enforceable.

[Chellybean]

Not all people follow the rules. Not all people seek ARC approval. Not all people have good taste.

Your post is a valid vote for anonymous reporting.

Not all complaints are found to be enforceable.

So true but there are so many people that do not know that this is a game homeowners and landscapers play to get what they want. The District board is overwhelmed with this kind of stuff especially on a volunteer basis that the district supervisor work for.

[Arctic Fox]

Sounds more like a bitchfest against your neighbors than anything ARC has done wrong

[Chellybean]

Sounds more like a bitchfest against your neighbors than anything ARC has done wrong

You have your right to your opinion but this happens all over the villages and especially throughout adjacent villages, this is what promotes Trolls my friend! Some districts stopped Anonymous complaints which puts people in danger of retaliation.

[retiredguy123]

I think the homeowner should suffer the consequences for violating the deed restrictions, not the contractor. That is why the homeowner should apply for the ARC permit and not depend on the contractor to do it.

[Topspinmo]

Just be glad you don’t live up street from me . In court yard villa with one car garage they got 2 golf carts, three vehicles, and work van and can’t get NONE in garage. Parked on street and in front yard in rocks. Only thing missing is on up on Jack stands.

[Bill14564]

So true but there are so many people that do not know that this is a game homeowners and landscapers play to get what they want. The District board is overwhelmed with this kind of stuff especially on a volunteer basis that the district supervisor work for.

Who are the volunteers that are overwhelmed?

[Topspinmo]

I think the homeowner should suffer the consequences for violating the deed restrictions, not the contractor. That is why the homeowner should apply for the ARC permit and not depend on the contractor to do it.

IMO agree but contractors should be burned also especially the ones that don’t submit for arc approval. IMO most yards don’t have that much to work with anyway due to the easement restrictions. I also think there should be statute of limitations, can’t come back after 20 years say it’s out of compliance especially after it been sold.

[Chellybean]

Who are the volunteers that are overwhelmed?

i was under the impression the supervisors on the board for each district where not paid but were voted in?

[Bill14564]

i was under the impression the supervisors on the board for each district where not paid but were voted in?

I believe they receive some minimal compensation for their time - maybe $250/month.

The CDD supervisors have very little to do with ARC approval or investigations. The CDD supervisors only become involved if a homeowner fails to correct an issue after being contacted by Community Standards. I don't remember the last public hearing about a violation in my District. There cannot be more than a handful each year.

[Altavia]

IMO agree but contractors should be burned also especially the ones that don’t submit for arc approval. IMO most yards don’t have that much to work with anyway due to the easement restrictions. I also think there should be statute of limitations, can’t come back after 20 years say it’s out of compliance especially after it been sold.

Apparently statute of limitations applies to HOA's, not sure why not here.

statute-of-limitations-waiver-and-covenant-enforcement | news-journalonline.com (https://www.news-journalonline.com/story/news/2014/05/30/statute-of-limitations-waiver-and-covenant-enforcement/30667932007/#:~:text=In%20Florida%2C%20the%20statute%20of,more %20than%20five%20years%20ago).

[asianthree]

Not enough homework. They DO inspections when the work is completed. I had them here twice, once for hard-scapes and the other after my lanai enclosure was completed. They found one issue with the enclosure that I had to have corrected everything else was fine. I think they do a great job if you follow procedures.

Wouldn’t the enclosure be from county’s permit department?

[Shipping up to Boston]

Unfortunately, the ARC approval is flawed greatly.
Not only that Village homes are sold out of compliance and then
become a costly problems to the new homeowner to bring it into compliance, there are no checks and balances. The landscapers help the homeowners submit a permit so it is properly written in the permit for approval then it is the wild wild west in installation, which doesn't meet the ARC approval or the deed restrictions of the District. Landscapers do not have to be licensed under DBPR in Florida and the permit is done in the property owners name and the property owner suffers the consequences!
ARC needs to have an inspection process after the ARC permit is approved and the changes are made to the property. Instead, it puts neighbors in a feud with each other and in my opinion, it becomes selective enforcement when a complaint is filed when neighbors complain, in my opinion! This is not complaint driven as we are told, (complete NONSENSE) The Business model of Villa*e P*lm was draw it correctly and we will put it in the way you want in spite of the encroachment to the adjacent neighbor’s property.
Beware of Wendy and Bill's shenanigans, i have had to deal with these Je*ks for over ten years with the neighbors that have encroached my property repeatedly, if i didn't stop them over the years they would of come into my property, BEWARE of this behavior before going forward with any improvements!

Not a big fan of ‘neighbor on neighbor’ anonymous reporting. I believe in ....the accused has a right to know/meet his/her accuser. In civil matters like this, it eliminates neighbors pointing fingers at the wrong parties. These are not law enforcement cases and as such should not have that kind of protective cover...IMO

OP.....since you have a stated history with ARC, why not avail yourself to appointment to the committee? There are periodic openings and as they say....if you can’t beat ‘em.....join ‘em!

[roob1]

They know who the accuser is: Community Standards. You are confusing accuser with reporter.


Not a big fan of ‘neighbor on neighbor’ anonymous reporting. I believe in ....the accused has a right to know/meet his/her accuser. In civil matters like this, it eliminates neighbors pointing fingers at the wrong parties. These are not law enforcement cases and as such should not have that kind of protective cover...IMO

OP.....since you have a stated history with ARC, why not avail yourself to appointment to the committee? There are periodic openings and as they say....if you can’t beat ‘em.....join ‘em!

[EastCoastDawg]

Not really sure who the OP is complaining about here - is it ARC for not doing a post-inspection, contractors for putting in something that differs from what has been approved, or neighbors encroaching on your property?

It is the responsibility of the property owner to ensure that all permissions are received and that the work done agrees to what was approved and that it is on your property.

ARC cannot be expected to be responsible for policing the thousands of landscaping and other changes that are made each year - that would require a huge department and then we'd all be complaining about the cost of that.

The current system may not be perfect, but if the property owners take responsibility then there are likely to be far fewer problems and complaints in the future.

[Sandy and Ed]

I think the homeowner should suffer the consequences for violating the deed restrictions, not the contractor. That is why the homeowner should apply for the ARC permit and not depend on the contractor to do it.
I am of the completely opposite opinion. Contractors in a particular trade operating in a particular market should know and share the burden of responsibility to correct noncompliance…..especially here in The Villages. Alternatively you could just add to abuse of retired senior citizens

[Rzepecki]

Who are the volunteers that are overwhelmed?

All members of ARC are volunteers = your neighbors.

[retiredguy123]

I am of the completely opposite opinion. Contractors in a particular trade operating in a particular market should know and share the burden of responsibility to correct noncompliance…..especially here in The Villages. Alternatively you could just add to abuse of retired senior citizens
The deed restriction document is unique to each property. Some of the landscaping contractors can barely speak English, and you expect them to download and read the deed restriction document for every property they work on? A lot of the landscape work is just adding or removing shrubs. My document is 11 pages, and I had to read some parts 5 times before I understood what it required.

[Bill14564]

All members of ARC are volunteers = your neighbors.

My neighbors get at least a stipend to sit on a numbered CDD board, I suspect the ARC members do as well.

Community Standards, under which the ARC exists, has a budget of $700,000 for salary and wages. Either their four staff members are very highly paid or the 22 members of the ARC (including alternates) receive some consideration for their time.

EDIT: I heard a more official discussion of the ARC members being volunteers. This discussion about reimbursing them for mileage to attend ARC meetings leads me to believe the ARC representatives from the CDDs do not receive money from the salary and wages line. So the committee members are volunteers and the $700,000 goes to others within Community Standards.

[ehonour]

Unfortunately, the ARC approval is flawed greatly.

Respectfully suggest OP tone it down a bit.

I just went through ARC last week for a pergola I'm building. I was pleasantly astonished at the professionalism and efficiency of what they do. They review on the order THREE HUNDRED applications every week, and they give each one an appropriate amount of care. As I waited for my turn, I watched them approve about thirty applications and reject two. They asked a few valid questions on mine, satisfied themselves, and gave approval.

[RAHBM]

Here goes . . I own multiple homes in The Villages. Please don't ask why! When purchasing one of my homes, there were multiple issues with the home, which one included the landscaping. After purchase, I met with both, the Builder and the Irrigation Landscaping Company. Both had their lips sealed, arms crossed, AGREED WITH ME and basically said there is nothing that they can do. By the way, I get "EVERYTHING" approved by ARC before I hire anyone or do myself, any outdoor project. For a new prospective homebuyer, The Villages / BUILDER puts / fluffs 12 inches of PINE STRAW, with over time you will pull out or pay someone to pull out. In my situation I do everything myself. This way, I know the job will get done correctly! With ARC approval, I pulled out ALL 28 Bushes and replaced with SOD, along with that Stupid, Ugly Pine Straw Fluff, which means the Dirt Level was 12 inches TOO LOW. Which also means approximately ALL 28 Irrigation Sprinklers are 12 inches TOO LOW. THE Villages, The Builder, The Irrigation Company all said the same thing. , , "That is how we build ALL the houses in The Villages". With all the dirt in The Villages, they would not dump 5 yards of dirt in the driveway. I WOULD SPREAD. Nope, would not do! The Landscaping Company said The Villages went to 4 inch sprinkler popups. They said they use to use 6 inch pop-ups. Take a gue$$ why? So, I paid for 5 yards of dirt. I also paid for all 6 inch sprinkler pop-ups. Did all the labor myself. My advice, ALWAYS get ARC Approval, do the work yourself if you can. If you can't, pay someone and hope your job gets done correctly with your approval. And yes, hope you get along with your neighbor. Who pays for what, who owns what and who is responsible for what ! ! ! Just my opinion !

[bsloan1960]

https://i.imgur.com/UrNoePc.pngUnfortunately, the ARC approval is flawed greatly.
Not only that Village homes are sold out of compliance and then
become a costly problems to the new homeowner to bring it into compliance, there are no checks and balances. The landscapers help the homeowners submit a permit so it is properly written in the permit for approval then it is the wild wild west in installation, which doesn't meet the ARC approval or the deed restrictions of the District. Landscapers do not have to be licensed under DBPR in Florida and the permit is done in the property owners name and the property owner suffers the consequences!
ARC needs to have an inspection process after the ARC permit is approved and the changes are made to the property. Instead, it puts neighbors in a feud with each other and in my opinion, it becomes selective enforcement when a complaint is filed when neighbors complain, in my opinion! This is not complaint driven as we are told, (complete NONSENSE) The Business model of Villa*e P*lm was draw it correctly and we will put it in the way you want in spite of the encroachment to the adjacent neighbor’s property.
Beware of Wendy and Bill's shenanigans, i have had to deal with these Je*ks for over ten years with the neighbors that have encroached my property repeatedly, if i didn't stop them over the years they would of come into my property, BEWARE of this behavior before going forward with any improvements!

[Justputt]

If the contractor will not sign a binding contract to do the work per ARC approval, move on to another contractor! Make sure they are insured and bonded. Require the contractor obtain ARC approval and provide you a copy of the approved plan before they start. Make sure the contract requires a final approval from ARC before final payment.

[OrangeBlossomBaby]

Not really sure who the OP is complaining about here - is it ARC for not doing a post-inspection, contractors for putting in something that differs from what has been approved, or neighbors encroaching on your property?

It is the responsibility of the property owner to ensure that all permissions are received and that the work done agrees to what was approved and that it is on your property.

ARC cannot be expected to be responsible for policing the thousands of landscaping and other changes that are made each year - that would require a huge department and then we'd all be complaining about the cost of that.

The current system may not be perfect, but if the property owners take responsibility then there are likely to be far fewer problems and complaints in the future.

"May not be perfect" is a gross understatement. There's a HUGE GAPING FLAW that makes it a broken system, not merely "not perfect."

If you buy a home that was already out of compliance, and didn't know that, and there's nothing from any inspectors saying it was out of compliance (because they don't include compliance issues in their reports), and the sales agent never mentioned it, and you are new to The Villages and don't know about the online deed restrictions availability....

you could live in that house for 10 years, with no problem. And then out of the blue you get a knock on your door from Community Standards, saying your driveway is out of compliance, or your landscaping is out of compliance, or the color of your house is out of compliance. And YOU have to bear the cost and burden of changing it.

Even though it was like that when you bought it, and you lived in the house for 10 years without any complaints at all.

[CybrSage]

After purchase, I met with both, the Builder and the Irrigation Landscaping Company. Both had their lips sealed, arms crossed, AGREED WITH ME and basically said there is nothing that they can do.

What are the odds they were both ventriloquists? Both being able to talk with sealed lips, wow!

I think someone is not telling the truth here; the odds of them both being able to talk through sealed lips is just way too low.

[Fetchit]

Sounds more like a bitchfest against your neighbors than anything ARC has done wrong

I live down the street from someone where their house looks like Sanford and sons junkyard. A little bit further down is a mint green paint job and down the road in the backyard of a house that you can see from the street is a pile of old patio furniture and, indoor fans piled up on each. This is truly an eyesore for a community that supposedly has standards. I feel that these things could be easily spotted by the community cars that come by for At least an inspection of that address.

[Bill14564]

I live down the street from someone where their house looks like Sanford and sons junkyard. A little bit further down is a mint green paint job and down the road in the backyard of a house that you can see from the street is a pile of old patio furniture and, indoor fans piled up on each. This is truly an eyesore for a community that supposedly has standards. I feel that these things could be easily spotted by the community cars that come by for At least an inspection of that address.

The community (District) has no cars that come by for inspections. Community Standards acts upon complaints filed by residents/neighbors/you. The complaint form can be found on the Community Standards section of districtgov.org.

[Arctic Fox]

I live down the street from someone where their house looks like Sanford and sons junkyard. A little bit further down is a mint green paint job and down the road in the backyard of a house that you can see from the street is a pile of old patio furniture and, indoor fans piled up on each. This is truly an eyesore for a community that supposedly has standards. I feel that these things could be easily spotted by the community cars that come by for At least an inspection of that address.

If you're not prepared to file a complaint then you're just going to have to put up with the eyesores. You really shouldn't expect to rely on others to do so. That's exactly why the complaints procedure is in place. What is wrong with taking some responsibility for making your neighborhood look nice?

[EastCoastDawg]

"May not be perfect" is a gross understatement. There's a HUGE GAPING FLAW that makes it a broken system, not merely "not perfect."

If you buy a home that was already out of compliance, and didn't know that, and there's nothing from any inspectors saying it was out of compliance (because they don't include compliance issues in their reports), and the sales agent never mentioned it, and you are new to The Villages and don't know about the online deed restrictions availability....

you could live in that house for 10 years, with no problem. And then out of the blue you get a knock on your door from Community Standards, saying your driveway is out of compliance, or your landscaping is out of compliance, or the color of your house is out of compliance. And YOU have to bear the cost and burden of changing it.

Even though it was like that when you bought it, and you lived in the house for 10 years without any complaints at all.

The majority of home purchases are presumably through sales agents working for the developer. It can't be too hard for the buyer to insist that the purchase contract includes the condition that everything is in compliance and if it is subsequently found not to be then The Villages Realty is responsible for putting things right. If they refuse to include that condition then that is a red flag.

Let us not forget that the vast majority of the 60,000+ homes in The Villages are in compliance and it is only the few that aren't that we hear about.

[Bill14564]

The majority of home purchases are presumably through sales agents working for the developer. It can't be too hard for the buyer to insist that the purchase contract includes the condition that everything is in compliance and if it is subsequently found not to be then The Villages Realty is responsible for putting things right. If they refuse to include that condition then that is a red flag.

Let us not forget that the vast majority of the 60,000+ homes in The Villages are in compliance and it is only the few that aren't that we hear about.

It is not hard for the buyer to insist. What is hard is getting the seller and the Villages Realty to agree to that condition. I would not agree to that if I was the seller.

[retiredguy123]

It is not hard for the buyer to insist. What is hard is getting the seller and the Villages Realty to agree to that condition. I would not agree to that if I was the seller.
I agree. And, I think the title company would consider it to be a defective deed and they would not agree to complete the closing with a condition like that.

[Glowing Horizon]

Not really sure who the OP is complaining about here - is it ARC for not doing a post-inspection, contractors for putting in something that differs from what has been approved, or neighbors encroaching on your property?

It is the responsibility of the property owner to ensure that all permissions are received and that the work done agrees to what was approved and that it is on your property.

ARC cannot be expected to be responsible for policing the thousands of landscaping and other changes that are made each year - that would require a huge department and then we'd all be complaining about the cost of that.

The current system may not be perfect, but if the property owners take responsibility then there are likely to be far fewer problems and complaints in the future.

Have owned a home in a large PUD with an HOA up North. The HOA hired a pro management company & they do periodic audits from the from curb without getting out. That reduced the variability of enforcement & compliance but it created the number of infractions—many of which were only vaguely covered by Deed restrictions language, if at all. Their answer? Create more Deed restrictions, of course.

[fdpaq0580]

It is entirely possible and probable that a property has been purchased, sold and resold, all while out of compliance. If no one, neighbor or ARC officer has found fault with said property, and the compliance issue breaks no law, is confined to the boundaries of said property and poses no safety issues to the neighborhood, has existed for a certain period of time (at least 2 years, prhaps) without issue or complaint, it should be grandfathered in as presumed acceptable. This could be where silence equates to acceptance.
This eliminates neighbor picking on neighbor and unnecessary wasting of ARC's time.

[PurePeach]

Just be glad you don’t live up street from me . In court yard villa with one car garage they got 2 golf carts, three vehicles, and work van and can’t get NONE in garage. Parked on street and in front yard in rocks. Only thing missing is on up on Jack stands.

I live in a patio villa and have neighbors who have their garages so full of junk or a boat, they can’t park in the garage and don’t park in the driveway, so they park in their front yards. Some have rocks, others just ruin their grass. One neighbor had the front yard redone half grass and half rocks, with rocks closest to the street, specifically so a truck could park there all the time. I know ARC approved the plan, but for parking? I doubt it, but unless a neighbor complains, nothing is ever done about this. None of us in the neighborhood complain because we all want to get along, but it sure makes the neighborhood look trashy.

[coffeebean]

I live down the street from someone where their house looks like Sanford and sons junkyard. A little bit further down is a mint green paint job and down the road in the backyard of a house that you can see from the street is a pile of old patio furniture and, indoor fans piled up on each. This is truly an eyesore for a community that supposedly has standards. I feel that these things could be easily spotted by the community cars that come by for At least an inspection of that address.
Take photos and report all to community standards. I don't like to live near a trash heap and I'm sure you don't either.

[fdpaq0580]

Let us not forget that the vast majority of the 60,000+ homes in The Villages are in compliance and it is only the few that aren't that we hear about.

Maybe. Maybe not. Without a complete inspection of every lot, from the ground up, you can’t be 100% certain.

[fdpaq0580]

I live in a patio villa and have neighbors who have their garages so full of junk or a boat, they can’t park in the garage and don’t park in the driveway, so they park in their front yards. Some have rocks, others just ruin their grass. One neighbor had the front yard redone half grass and half rocks, with rocks closest to the street, specifically so a truck could park there all the time. I know ARC approved the plan, but for parking? I doubt it, but unless a neighbor complains, nothing is ever done about this. None of us in the neighborhood complain because we all want to get along, but it sure makes the neighborhood look trashy.

You are certain ARC approved your neighbors "truck" parking area?

[Maker]

Respectfully suggest OP tone it down a bit.
I just went through ARC last week <<snip>> They review on the order THREE HUNDRED applications every week, and they give each one an appropriate amount of care.

300 every week is far too many.
Why not remove time wasting things from the agenda? Reduce staff hours and make the entire process more efficient. The final outcome will be exactly the same. How?? Create a "rubber stamp" policy. Automatic approval for certain routine changes. No need to submit any paperwork for things like:

Planting shrubs, flowers, etc in any existing planting bed for any/all items on an approved list.
Replacing mulch type in any existing planting bed for any/all items on an approved list.
Painting the house for using any color pallet on an approved list.
Replacing an existing tree with any tree on an approved list.

and so on...

[brianherlihy]

arc rude

[Shipping up to Boston]

300 every week is far too many.
Why not remove time wasting things from the agenda? Reduce staff hours and make the entire process more efficient. The final outcome will be exactly the same. How?? Create a "rubber stamp" policy. Automatic approval for certain routine changes. No need to submit any paperwork for things like:

Planting shrubs, flowers, etc in any existing planting bed for any/all items on an approved list.
Replacing mulch type in any existing planting bed for any/all items on an approved list.
Painting the house for using any color pallet on an approved list.
Replacing an existing tree with any tree on an approved list.

and so on...

So....an 'honor system'? :a20:

[Kelevision]

Apparently statute of limitations applies to HOA's, not sure why not here.

statute-of-limitations-waiver-and-covenant-enforcement | news-journalonline.com (https://www.news-journalonline.com/story/news/2014/05/30/statute-of-limitations-waiver-and-covenant-enforcement/30667932007/#:~:text=In%20Florida%2C%20the%20statute%20of,more %20than%20five%20years%20ago).

Because there is no “HOA” here.

[graciegirl]

Have owned a home in a large PUD with an HOA up North. The HOA hired a pro management company & they do periodic audits from the from curb without getting out. That reduced the variability of enforcement & compliance but it created the number of infractions—many of which were only vaguely covered by Deed restrictions language, if at all. Their answer? Create more Deed restrictions, of course.

Yes, of course that would work and paying someone to do these things that the anonymous reporting is doing for no cost.......... adds more salaries to pay and that my dear is how these things get real expensive and the bottom line is that ultimately the expenses come back to all of us.

I like the procedures the way they are. I like the anonymous reporting. Not everyone can confront someone and say....Hey fellow, will you remove that plywood figure of the chubby lady bending over watering her flowers from your front yard?

[Maker]

So....an 'honor system'? :a20:

Pre-approved lists could perhaps get that nick name for it.

I would think most adults here would be responsible enough to follow the relaxed rules. Happier too. For the ones that think they might get away with something outside of those pre-approved things, and flop on their back kicking their legs and laughing at everyone else, they are also the same ones that don't bother to get ARC approval for anything. When they are reported (just as it is presently) the consequences are still the same.

[fdpaq0580]

So....an 'honor system'? :a20:

Are you not honorable?

[fdpaq0580]

Pre-approved lists could perhaps get that nick name for it.

I would think most adults here would be responsible enough to follow the relaxed rules. Happier too. For the ones that think they might get away with something outside of those pre-approved things, and flop on their back kicking their legs and laughing at everyone else, they are also the same ones that don't bother to get ARC approval for anything. When they are reported (just as it is presently) the consequences are still the same.

Only if the complaint actually finds something out of compliance (not allowed, safety issue, illegal).

[Shipping up to Boston]

Are you not honorable?

Good one

You basically have an ‘honor system’ in place currently. How’s that working out? Yeah, that’s what I thought!

[Chellybean]

I wish an honor system would work but there are many connivers in the villages that would not be honorable, lol JMHO

[fdpaq0580]

Good one

You basically have an ‘honor system’ in place currently. How’s that working out? Yeah, that’s what I thought!

It's really impossible to tell without doing an independent investigation of every single property. And that would be a horrendous undertaking. I am guessing that a great number of landscaping additions, along with other additions or changes, have not gone through ARC, but if they had, would have been OK'd. So, unless a complainant can show that their issue is based on safety/security, illegal, trespass, or other serious concern and the situation has existed for an extended period of time, ARC not waste time on frivolous complaints.

[fdpaq0580]

I wish an honor system would work but there are many connivers in the villages that would not be honorable, lol JMHO

It isn't just TV. Life is an honor system, of sorts. Cheat at anything and if you get caught there are consequences. Even being honorable to your own body. Eat more than you need, you get fat. Eat things that aren't good for you, more fat and maybe sick. Don't get proper exercise, get weak. Etc.
No, I'm not perfect, but, I'm mostly honorable and I think most people are mostly honorable too. So an honor system isn't perfect, but it mostly works pretty well. jmho.
😌

[Chellybean]

It isn't just TV. Life is an honor system, of sorts. Cheat at anything and if you get caught there are consequences. Even being honorable to your own body. Eat more than you need, you get fat. Eat things that aren't good for you, more fat and maybe sick. Don't get proper exercise, get weak. Etc.
No, I'm not perfect, but, I'm mostly honorable and I think most people are mostly honorable too. So an honor system isn't perfect, but it mostly works pretty well. jmho.
😌

i wish i could agree with you my friend but the condition of this country says otherwise.

[fdpaq0580]

i wish i could agree with you my friend but the condition of this country says otherwise.

Hope still shines. Even good, sincere and honorable people can be lead astray. "You can fool some of the people all of the time, and all of the people some of the time".

[bsloan1960]

Yup- Unfortunately, the ARC approval is flawed greatly.
Not only that Village homes are sold out of compliance and then
become a costly problems to the new homeowner to bring it into compliance, there are no checks and balances. The landscapers help the homeowners submit a permit so it is properly written in the permit for approval then it is the wild wild west in installation, which doesn't meet the ARC approval or the deed restrictions of the District. Landscapers do not have to be licensed under DBPR in Florida and the permit is done in the property owners name and the property owner suffers the consequences!
ARC needs to have an inspection process after the ARC permit is approved and the changes are made to the property. Instead, it puts neighbors in a feud with each other and in my opinion, it becomes selective enforcement when a complaint is filed when neighbors complain, in my opinion! This is not complaint driven as we are told, (complete NONSENSE) The Business model of Villa*e P*lm was draw it correctly and we will put it in the way you want in spite of the encroachment to the adjacent neighbor’s property.
Beware of Wendy and Bill's shenanigans, i have had to deal with these Je*ks for over ten years with the neighbors that have encroached my property repeatedly, if i didn't stop them over the years they would of come into my property, BEWARE of this behavior before going forward with any improvements!

[Chellybean]

hope still shines. Even good, sincere and honorable people can be lead astray. "you can fool some of the people all of the time, and all of the people some of the time".

well said!

[graciegirl]

I am grateful that we have the processes in place the way they have been for all of the years we've lived here. It works, for the most part, and people who are hesitant to point out an infraction are protected. ONLY infractions that are out of compliance are acted upon.

It is free, because HIRING someone to do something inevitably ends up taking from our pockets.

Mostly the rumblings and complaints are from folks who are annoyed that their taste has been challenged, or did not realize that we do have deed restrictions and rules to keep this place looking nice and to keep the values up for all the property we all own.

When I read the grumblings, I often sense it is a bit of; "You aren't going to tell ME what I can or cannot do.".

[JustSomeGuy]

New law hitting the books in Florida.

Can we agree that if you buy a home knowing it has deed restrictions and do not read them then the buyer has some blame in buying an out of compliance home? All of us signed documents at closing saying we would follow these regulations as written. All of us. Some do things they know or should know (if they read the documents) are violations and wait for someone to turn them in. That is not how covenants are set up to work. The villages chooses to put homeowner against homeowner vs. enforcing the documents. It takes the average homeowner, who wants a neighborhood that follows certain guidelines, and put them against another homeowner, who chose to violate what they signed at closing. Admit it, the only reason to have the complainant disclosed is so the violator can use peer pressure to avoid compliance. There is no other reason to disclose the person complaining but to stop people from trying to get the deed restrictions enforced out of fear of repercussions. No other reason. Deed Restrictions/Covenants for the most part are crystal clear, yes or no questions. Anyone reading them can determine if their is an issue in 95% of the cases. If you violate a covenant and dispute it your fight is not with the neighbor who reported you. It is with the covenant issuing body. Only benefit to knowing who complained is to the person violating the documents. They want to pressure an individual homeowner in advance with fear of being "outed" so they get to do what they want no matter what they agreed to when they signed their closing documents. Most violators bring things into compliance. All of us agreed to follow the deed restrictions (you can't own a home and not agree) and no one, even those most vocal, can say they did not sign documents saying they would follow the deed restrictions. If they read them and understand them is not another neighbor's concern.

We are one good lawsuit away from losing the deed restrictions.

It is against Florida law to enforce covenants on one resident and not on another. Selective enforcement occurs when an association tolerates a violation by one owner and then chooses to undertake enforcement against another owner in connection with substantially the same violation. In White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979) the court found that there was selective enforcement and refused to enforce a restriction prohibiting children from residing in condominium units against an owner who proved that while his family was targeted for enforcement, the association at the same time was tolerating children residing in other units. The takeaway is that an association may not treat the same conduct as a violation in connection with one property and not a violation in connection with another.

Unenforced covenants can be reinstated with proper notice but violations in the past, during the period of enforcement, are not subject to the reinstated deed restrictions.(google Chattel shipping notice for case).

New law hb1203 - state summary...Homeowners' Associations; Providing requirements for certain community association managers and community association management firms; requiring certain associations to post certain documents on its website or make available such documents through an application by a date certain; providing that an association or its agent is not liable for the disclosure of certain information; requiring an association or any architectural, construction improvement, or other such similar committee of an association to apply and enforce certain standards reasonably and equitably; etc.

[retiredguy123]

New law hitting the books in Florida.

Can we agree that if you buy a home knowing it has deed restrictions and do not read them then the buyer has some blame in buying an out of compliance home? All of us signed documents at closing saying we would follow these regulations as written. All of us. Some do things they know or should know (if they read the documents) are violations and wait for someone to turn them in. That is not how covenants are set up to work. The villages chooses to put homeowner against homeowner vs. enforcing the documents. It takes the average homeowner, who wants a neighborhood that follows certain guidelines, and put them against another homeowner, who chose to violate what they signed at closing. Admit it, the only reason to have the complainant disclosed is so the violator can use peer pressure to avoid compliance. There is no other reason to disclose the person complaining but to stop people from trying to get the deed restrictions enforced out of fear of repercussions. No other reason. Deed Restrictions/Covenants for the most part are crystal clear, yes or no questions. Anyone reading them can determine if their is an issue in 95% of the cases. If you violate a covenant and dispute it your fight is not with the neighbor who reported you. It is with the covenant issuing body. Only benefit to knowing who complained is to the person violating the documents. They want to pressure an individual homeowner in advance with fear of being "outed" so they get to do what they want no matter what they agreed to when they signed their closing documents. Most violators bring things into compliance. All of us agreed to follow the deed restrictions (you can't own a home and not agree) and no one, even those most vocal, can say they did not sign documents saying they would follow the deed restrictions. If they read them and understand them is not another neighbor's concern.

We are one good lawsuit away from losing the deed restrictions.

It is against Florida law to enforce covenants on one resident and not on another. Selective enforcement occurs when an association tolerates a violation by one owner and then chooses to undertake enforcement against another owner in connection with substantially the same violation. In White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979) the court found that there was selective enforcement and refused to enforce a restriction prohibiting children from residing in condominium units against an owner who proved that while his family was targeted for enforcement, the association at the same time was tolerating children residing in other units. The takeaway is that an association may not treat the same conduct as a violation in connection with one property and not a violation in connection with another.

Unenforced covenants can be reinstated with proper notice but violations in the past, during the period of enforcement, are not subject to the reinstated deed restrictions.(google Chattel shipping notice for case).

New law hb1203 - state summary...Homeowners' Associations; Providing requirements for certain community association managers and community association management firms; requiring certain associations to post certain documents on its website or make available such documents through an application by a date certain; providing that an association or its agent is not liable for the disclosure of certain information; requiring an association or any architectural, construction improvement, or other such similar committee of an association to apply and enforce certain standards reasonably and equitably; etc.
Are you saying that this new law applies to The Villages? The Villages does not have homeowners' associations. Homeowners' associations rules are not the same as deed restrictions. The Villages has deed restrictions that are unique to each property. The deed restriction document for one property may prohibit lawn ornaments, but another property's document may allow them. But, the homeowners' associations rules are the same for every property within the community. Apples and oranges.

[JustSomeGuy]

From the Villages..... may want to read up on CDD's. They are the same legally when enforcing Deed Restrictions.... if different house by house (not here, may vary by district....not house) they still are the enforcing body.
Page 2 of 8
Deed Compliance
Q: What is an external deed restriction and who can enforce them?
A: Deed restrictions are declarations between the Declarant (Developer named in your individual
Declaration of Restrictions) and the Property Owner. Who can enforce the external deed
restrictions?
• Any property owner of any lot may seek to enforce external restrictions against another
property owner.
• The Declarant may seek to enforce external and internal restrictions.
• The Village Community Development Districts through adopted Rule may enforce
certain EXTERNAL restrictions that have been adopted by each Board to enforce as
authorized by Chapter 190 of Florida Statutes.
• Examples of external deed restriction violations include, but are not limited to, external
modifications made without ARC approval, overgrown or dead grass and weeds, and
inoperable vehicles.

They actually have a rule that says they can...... so yes, HOA and CDD are the same when they enforce Deed Restrictions. Of course it is by district and different districts can have different deed restrictions.... you sign your specific deed restrictions at closing.

Rule adopted by district 10... others are the same..... from cdd page, District adopted rules.... add www
districtgov.org/departments/community-standards/DistrictAdoptedRules
Alterations, Modifications, and Changes
The District is responsible for approving alterations, changes, or modifications to Homesites and the
exterior appearance and structure of the home.

[retiredguy123]

From the Villages..... may want to read up on CDD's. They are the same legally when enforcing Deed Restrictions.... if different house by house (not here, may vary by district....not house) they still are the enforcing body.
Page 2 of 8
Deed Compliance
Q: What is an external deed restriction and who can enforce them?
A: Deed restrictions are declarations between the Declarant (Developer named in your individual
Declaration of Restrictions) and the Property Owner. Who can enforce the external deed
restrictions?
• Any property owner of any lot may seek to enforce external restrictions against another
property owner.
• The Declarant may seek to enforce external and internal restrictions.
• The Village Community Development Districts through adopted Rule may enforce
certain EXTERNAL restrictions that have been adopted by each Board to enforce as
authorized by Chapter 190 of Florida Statutes.
• Examples of external deed restriction violations include, but are not limited to, external
modifications made without ARC approval, overgrown or dead grass and weeds, and
inoperable vehicles.

They actually have a rule that says they can...... so yes, HOA and CDD are the same when they enforce Deed Restrictions. Of course it is by district and different districts can have different deed restrictions.... you sign your specific deed restrictions at closing.

Rule adopted by district 10... others are the same..... from cdd page, District adopted rules.... add www
districtgov.org/departments/community-standards/DistrictAdoptedRules
Alterations, Modifications, and Changes
The District is responsible for approving alterations, changes, or modifications to Homesites and the
exterior appearance and structure of the home.
Sorry, but I really didn't understand your post. Since the new law is entitled "Homeowners' Associations", and The Villages doesn't have homeowners' associations, does the new law apply to The Villages?

[JustSomeGuy]

Florida law under the section 190 (190 creates CDD's) referenced above give the CDD's the option to pass a rule giving them the powers of an HOA. 190.012 Special powers; public improvements and community facilities (4)(a) To adopt rules necessary for the district to enforce certain deed restrictions pertaining to the use and operation of real property within the district and outside the district pursuant to an interlocal agreement under chapter 163 if within another district or, if not within another district, with the consent of the county or municipality in which the deed restriction enforcement is proposed to occur. For the purpose of this subsection, the term “deed restrictions” means those covenants, conditions, restrictions, compliance mechanisms, and enforcement remedies contained in any applicable declarations of covenants and restrictions that govern the use and operation of real property and, for which covenants, conditions, and restrictions, there is no homeowners’ association or property owner’s association having respective enforcement powers unless, with respect to a homeowners’ association whose board is under member control, the association and the district agree in writing to enforcement by the district. The district may adopt by rule all or certain portions of the deed restrictions that: (gives details did not copy)

Even if there is a HOA, the CDD can take on the Deed Restrictions management and enforcement if done in writing. The Villages set up the CDD's to have this responsibility so they are treated as an HOA under laws concerning deed restrictions. The law impacts the enforcement of deed restrictions themselves, so it does not matter if an HOA or CDD is responsible. Our CDD's have passed rules to act as HOA in the specific district concerning deed restrictions as outlined in section 190.

Not easy to unpack. The Villages chooses not to have the CDD's enforce the deed restrictions uniformly and instead waits for complaints. Normally the HOA/CDD has a committee or process in place (management company/committee checks property every 30-90 days for violations etc.) to make sure deed restrictions are enforced. That leads to subjective enforcement, which if dealt with in court would make that specific deed restriction invalid. Of course, someone would need to challenge in court since the CDD likely will not admit to selective enforcement even if it is obviously the case, as it is here. Violations of a deed restriction are normally clear cut like does a home have too many flag poles....yes or no. If you ride down the street and can see the same violations on 4 lawns in a district and someone complains about one lawn and the CDD addresses only that one violation, that is selective enforcement. Having a complaint only policy is a way to lower resident expectations but has no bearing on the selective enforcement determination. Once the CDD takes on deed restrictions they have a duty to all residents to enforce them equally (the new law actually restates that too). They can't put some of that responsibility off on a resident and only act on some violations with out it being selective enforcement. As the above states, they can enforce "certain" restrictions but they can't enforce the same restriction differently if it exists on two lots without triggering the selective enforcement defense, which nullifies the specific restriction for all homes in the district until it is reinstated (law on how to do that too, can't go back and force someone to comply. Only future violations, after proper notice can be addressed. The case mentioned in my earlier post.)

[Bill14564]

…
…
…



With all due respect, it might be worth your time to review the numerous threads on this same topic before overwhelming this one with voluminous arguments that have been discussed several times

[fdpaq0580]

I am grateful that we have the processes in place the way they have been for all of the years we've lived here. It works, for the most part, and people who are hesitant to point out an infraction are protected. ONLY infractions that are out of compliance are acted upon.

It is free, because HIRING someone to do something inevitably ends up taking from our pockets.

Mostly the rumblings and complaints are from folks who are annoyed that their taste has been challenged, or did not realize that we do have deed restrictions and rules to keep this place looking nice and to keep the values up for all the property we all own.

When I read the grumblings, I often sense it is a bit of; "You aren't going to tell ME what I can or cannot do.".

There have been complaints lodged about things that had been in place for months and even years. The Villages, according to some accounts, has even sold new homes which were out of compliance when released. If that were true, that particular issue should be grandfathered in along with all other issues that match said complaint. If something has been inplace for a reasonable amount of time, has not received previous complaints, is not illegal, a safety hazzard, does not extend beyond the property line, it should be grandfathered.
If your neighbor plants a palm, or puts stepping stones in their garden, or (God forbid) a little white cross where they buried the budgy in the flowerbed, the time to complain is right then, not two years down the road. Talk to your neighbor. If the issue can't be resolved, then, only the should you be allowed to file a complaint with ARC.
jmvho. 😇✌️🖖

[fdpaq0580]

With all due respect, it might be worth your time to review the numerous threads on this same topic before overwhelming this one with erroneous arguments that have been discussed several times

Not everyone knows what subjects/threads have been discussed before. Not everyone is going to sift through all previous threads. Some of us, like me, might not live long enough to do that. Still, we want to be heard on the subject (whatever it is) at the present. Yes, there will be lots of reoccurring subjects and opinions, but comments may still appropriate and therefore reiterated. Like many conversations, a lot of things get repeated, over and over.
Have a good day, and don't sweat the small stuff.

[Chellybean]

There have been complaints lodged about things that had been in place for months and even years. The Villages, according to some accounts, has even sold new homes which were out of compliance when released. If that were true, that particular issue should be grandfathered in along with all other issues that match said complaint. If something has been inplace for a reasonable amount of time, has not received previous complaints, is not illegal, a safety hazzard, does not extend beyond the property line, it should be grandfathered.
If your neighbor plants a palm, or puts stepping stones in their garden, or (God forbid) a little white cross where they buried the budgy in the flowerbed, the time to complain is right then, not two years down the road. Talk to your neighbor. If the issue can't be resolved, then, only the should you be allowed to file a complaint with ARC.
jmvho. ������✌️������

Simply if the VLS is selling homes out of compliance and then their complaint department is later filing a complaint to the new property owner for out of compliance, it seems to be a conflict of interest as far as i can see!

[fdpaq0580]

Simply if the VLS is selling homes out of compliance and then their complaint department is later filing a complaint to the new property owner for out of compliance, it seems to be a conflict of interest as far as i can see!

So, is the purchaser on the hook for the remedy? Or, if not illegal, presents no safety hazzard and is within the property line, should it even be a valid complaint?
Remember, complaints are driven by neighbors, not ARC.

[retiredguy123]

So, is the purchaser on the hook for the remedy? Or, if not illegal, presents no safety hazzard and is within the property line, should it even be a valid complaint?
Remember, complaints are driven by neighbors, not ARC.
It is a valid complaint if it violates a deed restriction. All deed restrictions are not based on legality, safety, or whether it is within the property line. Some of them are based on cosmetic features, such as the color of the house, or the type of driveway treatment. And, yes, whoever owns the house is responsible for deed restriction violations.

[fdpaq0580]

It is a valid complaint if it violates a deed restriction. All deed restrictions are not based on legality, safety, or whether it is within the property line. Some of them are based on cosmetic features, such as the color of the house, or the type of driveway treatment. And, yes, whoever owns the house is responsible for deed restriction violations.

Total inflexibility? Zero extenuating circumstances? No modifications or chages to current standards even as newer/better options become available or older options become no longer available? Deed restrictions are chiseled in stone and not subject to review or change?
OK! The budgie didn’t need a grave marker anyway. Sorry Tweety bird. 🥲

[retiredguy123]

Total inflexibility? Zero extenuating circumstances? No modifications or chages to current standards even as newer/better options become available or older options become no longer available? Deed restrictions are chiseled in stone and not subject to review or change?
OK! The budgie didn’t need a grave marker anyway. Sorry Tweety bird. 🥲
I agree. if you want flexibility, it shouldn't be "cast-in-stone" as part of the property deed. It should be a rule that can be changed by a board or committee. That is the way it is done with homeowners' associations.

[DAVES]

You have your right to your opinion but this happens all over the villages and especially throughout adjacent villages, this is what promotes Trolls my friend! Some districts stopped Anonymous complaints which puts people in danger of retaliation.

Endless issue with no perfect answers. A different way to handle this is an architectural committee. People elected or whatever to look for violations. Like all other solutions they do not work perfectly. Johnny favors his friend Bob, they are both in the door knob club

[DAVES]

IMO agree but contractors should be burned also especially the ones that don’t submit for arc approval. IMO most yards don’t have that much to work with anyway due to the easement restrictions. I also think there should be statute of limitations, can’t come back after 20 years say it’s out of compliance especially after it been sold.

Neighbor issues. Funny to me. Years ago I met a German guy who married a duchess, or whatever her title was. She came with a family castle on hundreds of acres. There was a dispute with a neighbor over a tree that was huge and centuries old. Grandfathered? Great, great, great grandfathered is closer to the truth.

Serious or perhaps bugging my wife. I became aware of an Island off North Carolina for sale with a nice house and a small heard of wild horses. Set up my own kingdom? i WAS VOTED OUT OF OFFICE BY THE QUEEN and we are in the Villages.

Far as out of compliance. Someone built a garage for their CAMPER BUS. The neighbor of course was not happy. Ad for the home BUS GARAGE VIEW.

[DAVES]

So, is the purchaser on the hook for the remedy? Or, if not illegal, presents no safety hazzard and is within the property line, should it even be a valid complaint?
Remember, complaints are driven by neighbors, not ARC.

Endless LIFE ISSUE. Laws, RULES apply to ALL Typical views caught speeding. I'm not guilty because you do not catch everyone. Far as the purchaser of a home in violation, The time to investigate is before buying. If, it was missed and you PAID a firm to check, part of what you PAID protects you from their errors.

[Bill14564]

Endless LIFE ISSUE. Laws, RULES apply to ALL Typical views caught speeding. I'm not guilty because you do not catch everyone. Far as the purchaser of a home in violation, The time to investigate is before buying. If, it was missed and you PAID a firm to check, part of what you PAID protects you from their errors.

Please provide contact information for a couple of home inspectors that will check for the Villages deed restriction violations. Some may check for encroachments on property lines but I haven't see one yet that will ensure the shingles are the right color, the outside trim is an approved color, and the driveway isn't two inches too wide.

[Marathon Man]

Simply if the VLS is selling homes out of compliance and then their complaint department is later filing a complaint to the new property owner for out of compliance, it seems to be a conflict of interest as far as i can see!

The VLS has a complaint department????

[JustSomeGuy]

With all due respect, it might be worth your time to review the numerous threads on this same topic before overwhelming this one with voluminous arguments that have been discussed several times

Thanks for the tip. May want to take the time to read previous posts in the thread yourself before commenting. See post 58 and 60... questions from another resident. Should I have said read the entire history of this issue on this site instead of answering him?

I also have not seen the new law that takes effect in July 2024 addressed yet.

It has major impacts on our residents like you can have anything you want in your backyard as long as it can't be seen from another property.... ie hidden by bushes.. Deed restrictions can't take that right away after July 1. Our deed restrictions currently do not permit that.

[JustSomeGuy]

It is a valid complaint if it violates a deed restriction. All deed restrictions are not based on legality, safety, or whether it is within the property line. Some of them are based on cosmetic features, such as the color of the house, or the type of driveway treatment. And, yes, whoever owns the house is responsible for deed restriction violations.

Deed restrictions can be changed. The documents have to have a process to do it. CDD took on role of HOA when they took on responsibility for Deed Restrictions. They can act to change any deed restriction they wish to update.

[Bill14564]

Deed restrictions can be changed. The documents have to have a process to do it. CDD took on role of HOA when they took on responsibility for Deed Restrictions. They can act to change any deed restriction they wish to update.

CDD is not an HOA no matter how many times you assert otherwise. The CDD has NO power to change the deed restrictions, only the Developer can do that.

[Bill14564]

Thanks for the tip. May want to take the time to read previous posts in the thread yourself before commenting. See post 58 and 60... questions from another resident. Should I have said read the entire history of this issue on this site instead of answering him?

I also have not seen the new law that takes effect in July 2024 addressed yet.

It has major impacts on our residents like you can have anything you want in your backyard as long as it can't be seen from another property.... ie hidden by bushes.. Deed restrictions can't take that right away after July 1. Our deed restrictions currently do not permit that.

Which law is that? If it exists it WILL be available online. I suspect it does not say what you believe it does.

58 and 60 both pointed out that a CDD is not an HOA, just as I did in my post above.

[JustSomeGuy]

CDD is not an HOA no matter how many times you assert otherwise. The CDD has NO power to change the deed restrictions, only the Developer can do that.

Never said CDD was HOA.... they take on the powers of an HOA by rule they passed.... it was in the answers you complained about - here it is again.... Note CDD docs refer to powers granted by 190... Florida law under the section 190 (190 creates CDD's) referenced above give the CDD's the option to pass a rule giving them the powers of an HOA. 190.012 Special powers; public improvements and community facilities (4)(a) To adopt rules necessary for the district to enforce certain deed restrictions pertaining to the use and operation of real property within the district and outside the district pursuant to an interlocal agreement under chapter 163 if within another district or, if not within another district, with the consent of the county or municipality in which the deed restriction enforcement is proposed to occur. For the purpose of this subsection, the term “deed restrictions” means those covenants, conditions, restrictions, compliance mechanisms, and enforcement remedies contained in any applicable declarations of covenants and restrictions that govern the use and operation of real property and, for which covenants, conditions, and restrictions, there is no homeowners’ association or property owner’s association having respective enforcement powers unless, with respect to a homeowners’ association whose board is under member control, the association and the district agree in writing to enforcement by the district. The district may adopt by rule all or certain portions of the deed restrictions

[JustSomeGuy]

[QUOTE=Bill14564;2342222]Which law is that? If it exists it WILL be available online. I suspect it does not say what you believe it does.



Here is the actual section of the law effective next month on the parties enforcing deed restrictions.
720.3045 Installation, display, and storage of items.—755
Regardless of any covenants, restrictions, bylaws, rules, or756
requirements of an association, and unless prohibited by general757
law or local ordinance, an association may not restri ct parcel758
owners or their tenants from installing, displaying, or storing759
any items on a parcel which are not visible from the parcel's760
frontage or an adjacent parcel, an adjacent common area, or a761
community golf course, including, but not limited to, artificial762
turf, boats, flags, vegetable gardens, clotheslines, and763
recreational vehicles.

[Bill14564]

Never said CDD was HOA.... they take on the powers of an HOA by rule they passed.... it was in the answers you complained about - here it is again.... Note CDD docs refer to powers granted by 190... Florida law under the section 190 (190 creates CDD's) referenced above give the CDD's the option to pass a rule giving them the powers of an HOA. 190.012 Special powers; public improvements and community facilities (4)(a) To adopt rules necessary for the district to enforce certain deed restrictions pertaining to the use and operation of real property within the district and outside the district pursuant to an interlocal agreement under chapter 163 if within another district or, if not within another district, with the consent of the county or municipality in which the deed restriction enforcement is proposed to occur. For the purpose of this subsection, the term “deed restrictions” means those covenants, conditions, restrictions, compliance mechanisms, and enforcement remedies contained in any applicable declarations of covenants and restrictions that govern the use and operation of real property and, for which covenants, conditions, and restrictions, there is no homeowners’ association or property owner’s association having respective enforcement powers unless, with respect to a homeowners’ association whose board is under member control, the association and the district agree in writing to enforcement by the district. The district may adopt by rule all or certain portions of the deed restrictions

CDDs are not HOAs. CDDs do not take on the role of HOAs. CDDs do not have the power of HOAs. CDDs and HOAs are established by different sections of the Florida statutes. Again, CDDs are not HOAs, they do not take on the powers of HOAs, and laws that apply to HOAs do not apply to CDDs.

Section 190, which applies to CDDs, does NOT give them the powers of an HOA. The portion you quoted authorizes the CDDs to enforce deed restrictions, but does not grant them the additional powers exercised by an HOA.

In the Villages, the CDDs have been granted the authority to enforce external deed restrictions. Most, if not all, the numbered CDDs have adopted rules (renewed annually) to implement this enforcement. While they have the authority to enforce external deed restrictions, they do not have the authority to modify the deed restrictions.

[Bill14564]

Those would be the questions the answers you never read but complained about addressed. The answers follow the questions.... but you never read them obviously.

Here is the actual section of the law effective next month...
720.3045 Installation, display, and storage of items.—755
Regardless of any covenants, restrictions, bylaws, rules, or756
requirements of an association, and unless prohibited by general757
law or local ordinance, an association may not restri ct parcel758
owners or their tenants from installing, displaying, or storing759
any items on a parcel which are not visible from the parcel's760
frontage or an adjacent parcel, an adjacent common area, or a761
community golf course, including, but not limited to, artificial762
turf, boats, flags, vegetable gardens, clotheslines, and763
recreational vehicles.

Again (and again and again and ...) A CDD is NOT and HOA. Laws affecting HOAs (section 720) do NOT apply to section 190 CDDs.

Think of it this way, bicycles and motorcycles both have two tires and are used for transportation. Cars and golf carts both have four tires and are used for transportation. However, the laws for motorcycles are vastly different than the laws for bicycles, the laws for golf carts are vastly different than the laws for automobiles, and the laws for CDDs are vastly different than the laws for HOAs, EVEN THOUGH THEY APPEAR SIMILAR IN SOME WAYS.

And to your accusation.... I DID read the answers which is how I recognized you were mixing apples and oranges as pointed out in either 58 or 60.

[Chellybean]

The VLS has a complaint department????

The Villages owns them both, that is the conflict!

[Bill14564]

The Villages owns them both, that is the conflict!

I believe the VLS is most closely associated with the sales arm of the Developer.

The ARC and Community Standards are functions/committees of the VCCDD.

One could make the argument that the VCCDD is effectively an arm of the Developer but it's a stretch to say the VLS is close to Community Standards.

Besides, if there was a conflict of interest then you would expect Community Standards to overlook violations in homes sold by the VLS but we know that is not the case. Nothing I have heard or seen indicates Community Standards has any bias at all. No one has mentioned a complaint of a violation of an external deed restriction that Community Standards has ignored. To the contrary, Community Standards appears to aggressively pursue all complaints brought to their attention, even when those complaints concern violations that seem minor or that have existed for a long time.

[Chellybean]

I believe the VLS is most closely associated with the sales arm of the Developer.

The ARC and Community Standards are functions/committees of the VCCDD.

One could make the argument that the VCCDD is effectively an arm of the Developer but it's a stretch to say the VLS is close to Community Standards.

Besides, if there was a conflict of interest then you would expect Community Standards to overlook violations in homes sold by the VLS but we know that is not the case. Nothing I have heard or seen indicates Community Standards has any bias at all. No one has mentioned a complaint of a violation of an external deed restriction that Community Standards has ignored. To the contrary, Community Standards appears to aggressively pursue all complaints brought to their attention, even when those complaints concern violations that seem minor or that have existed for a long time.

The Villages controls everything in my humble opinion. Just my 2 cents!

[Chellybean]

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[graciegirl]

Bill. I so appreciate your efforts to explain how it works here. I too have tried for a very long time on the same subject. I am so glad the rules remain unchanged. I like how things are done here.

I really like this meme which always makes me smile;

You have moved from there to here.
Please don't try to change here to be like there.

[PurePeach]

You are certain ARC approved your neighbors "truck" parking area?

I know that they had a plan and and ARC rep came an approved the “plan.” BUT, did the resident disclose the intention of parking a truck on the front? That I don’t know. But in order to keep peace in the neighborhood, I just grit my teeth and keep my mouth shut. You know, you have to pick your battles.

[blueash]

I know that they had a plan and and ARC rep came an approved the “plan.” BUT, did the resident disclose the intention of parking a truck on the front? That I don’t know. But in order to keep peace in the neighborhood, I just grit my teeth and keep my mouth shut. You know, you have to pick your battles.

Just a short story. i have a friend who wanted to improve their landscaping.. stone wall etc. They got the ARC approval, then told the landscape company to build the wall several feet closer to the road, not at the approved spot. And there it sits. It is not obvious if you don't know the exact distance allowed and approved.

So, approval means nothing without a follow up to see that the work matches the approved changes. ARC minutes are online so you could look up exactly what was approved.

[Chellybean]

Just a short story. i have a friend who wanted to improve their landscaping.. stone wall etc. They got the ARC approval, then told the landscape company to build the wall several feet closer to the road, not at the approved spot. And there it sits. It is not obvious if you don't know the exact distance allowed and approved.

So, approval means nothing without a follow up to see that the work matches the approved changes. ARC minutes are online so you could look up exactly what was approved.

SO True and that is my whole point of this thread, People know how to play the game and do what they want. If you complain you become the neighborhood bad guy. This puts neighbors against each other. They call it complaint driven, i call it selective enforcement!

[Chellybean]

I know that they had a plan and and ARC rep came an approved the “plan.” BUT, did the resident disclose the intention of parking a truck on the front? That I don’t know. But in order to keep peace in the neighborhood, I just grit my teeth and keep my mouth shut. You know, you have to pick your battles.

If you let it go they will just repeat there bad behavior, but its up to you. I would definitely let your neighbor know, that you know what they did and please correct it. If they don't then let the games begin. DO not be afraid to stand up for yourself. Scr#w what anyone thinks!!!

[Bill14564]

SO True and that is my whole point of this thread, People know how to play the game and do what they want. If you complain you become the neighborhood bad guy. This puts neighbors against each other. They call it complaint driven, i call it selective enforcement!

You can call it whatever you want but it doesn't make it correct.

Can you provide some details on an external deed restriction that Community Standards or the CDD did NOT enforce when a violation was brought to their attention?

I've seen the statistics on the number of complaints received, homeowners notified of violations, and public hearings by the CDDs. I have attended CDD meetings where public hearings were canceled when the homeowner corrected the violation prior to the meeting. I have attended CDD meetings where a public hearing was held and the CDD chose to levy fines if the violation was not corrected.

What I have NOT heard of is any external violation brought to the attention of Community Standards or the CDD where they have chosen not to enforce the deed restrictions. THAT would be selective enforcement. THAT does not appear to be happening.

[bsloan1960]

https://i.imgur.com/UrNoePc.png

[graciegirl]

This is a better place because of the rules on deed restrictions which have effectively been used now for many years.

There are a few who do not understand them and a few who exaggerate their abuse. We have lived in communities that have standards that must be met by all and feel it is a good thing.

Not everyone has good taste, but everyone thinks they do.

I see no reason to change anything including the anonymous reporting that saves hiring someone and will be an expense where there is none now.

[Altavia]

...

I see no reason to change anything including the anonymous reporting that saves hiring someone and will be an expense where there is none now.

Be aware some CDD's have recent modifications to the restrictions such as needing to live in the CCD to report and removing anonymous reporting.

[LeRoySmith]

Be aware some CDD's have recent modifications to the restrictions such as needing to live in the CCD to report and removing anonymous reporting.

I like the strict rules and anonymous reporting but I follow the rules so I guess I would.

[Chellybean]

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[tophcfa]

Interesting thread, I feel for Chellybean. Selective enforcement has been a serious problem with internal deed restrictions for a long time, but I have never heard of it happening with external restrictions.

[Bogie Shooter]

Interesting thread, I feel for Chellybean. Selective enforcement has been a serious problem with internal deed restrictions for a long time, but I have never heard of it happening with external restrictions.

Here you go…..
A troll came into our cul-de-sac cited three of the 6 homes with plantings/walls within the street right of way….2 others same issue not cited.
The street outside had four cited while four others were not.
All those cited made corrections.
That is selective enforcement!
Trolls are no longer allowed to file….since our district is no longer anonymous.

[Bill14564]

Here you go…..
A troll came into our cul-de-sac cited three of the 6 homes with plantings/walls within the street right of way….2 others same issue not cited.
The street outside had four cited while four others were not.
All those cited made corrections.
That is selective enforcement!
Trolls are no longer allowed to file….since our district is no longer anonymous.

Not selective enforcement at all!

"All those cited made corrections." 100% enforcement of those who were cited. 100% enforcement of those who were brought to the attention of Community Standards.

What was selective was the way they were cited. Find the troll and complain to them about their selectivity. Fix the problem yourself by citing the four that were left out.

I don't believe I have any violations but I don't want to feel like I'm under a microscope. I dislike the idea of the trolls whose hobby is to file complaints. I would dislike the neighborhood busybody who roamed the neighborhood filing complaints. And I certainly would dislike spending my maintenance dollars to incentivize someone to file complaints.

[Bogie Shooter]

Not selective enforcement at all!

"All those cited made corrections." 100% enforcement of those who were cited. 100% enforcement of those who were brought to the attention of Community Standards.

What was selective was the way they were cited. Find the troll and complain to them about their selectivity. Fix the problem yourself by citing the four that were left out.

I don't believe I have any violations but I don't want to feel like I'm under a microscope. I dislike the idea of the trolls whose hobby is to file complaints. I would dislike the neighborhood busybody who roamed the neighborhood filing complaints. And I certainly would dislike spending my maintenance dollars to incentivize someone to file complaints.

You are right, it’s the anonymous trolls screwing up the system.