Non-Compliant rear landscape

[klyde2]

Looking at a courtyard villa in District 1 that does appear to have non-compliant rear pavers. ARC states that all pavers shall be 2ft from side and rear walls in a courtyard villa.
I've read there is no "grandfathering " in of landscaping and if discovered you will be made to remove and restore to original.

COURTYARD VILLAS
1. Rear Easements: Concrete and pavers shall be kept a minimum of two (2) feet from
the rear wall for maintenance and drainage purposes.
2. Side Easements: In the dominant use easement area, concrete and pavers shall be kept
a minimum of two (2) feet from the side dwelling wall of the neighboring home, wall,
or fence. In the Servient easement area, concrete and pavers shall be kept a minimum
of two (2) feet from the side wall/fence for maintenance purposes. [/I]

Any input or experience with this issue?

[retiredguy123]

I would suggest that you discuss this in person with ARC to see if the pavers were approved by them at the time of placement.

The easement rules you cited are from an ARC manual, not from the official deed restriction document, which the owner signed at closing. I would print out and read the deed restrictions very carefully because there could be a discrepancy between the manual and the deed restriction document. I think the deed restriction document is the controlling document when there is a discrepancy. Also, I don't think that other courtyard villa communities in The Villages have the same paver restrictions that District One has. My courtyard villa deed restrictions in another District do not prohibit pavers within 2 feet of the neighbor's wall or the rear concrete wall.

[asianthree]

OP are you looking to buy the CY or next door CY and concerned there is damage? If you just have a concern of deed restrictions, one can file a complaint.

As suggested by 123, if you are buying an in person to ARC will get your questions answered.

[klyde2]

OP are you looking to buy the CY or next door CY and concerned there is damage? If you just have a concern of deed restrictions, one can file a complaint.

As suggested by 123, if you are buying an in person to ARC will get your questions answered.

Looking to by the CY with the pavers.

[Topspinmo]

if sited one could get concrete cutter and cut two foot off wall. IMO find CYVs rules obscene when you can complete brick in front and side front yard creating parking for 2 cars, 2 golf carts and work van. CYVs has front and side yard easements also. Some even put wall around front creating even harder for neighbors to get in out of garage for few than can get vehicle in garage. I also find it ironic than patio villas can’t have rocked yard when CYVs can. Some of these older homes have been sold 3 plus times over years. Then all sudden they’re out of compliance.:thumbup:

[klyde2]

if sited one could get concrete cutter and cut two foot off wall. IMO find CYVs rules obscene when you can complete brick in front and side front yard creating parking for 2 cars, 2 golf carts and work van. CYVs has front and side yard easements also. Some even put wall around front creating even harder for neighbors to get in out of garage for few than can get vehicle in garage. I also find it ironic than patio villas can’t have rocked yard when CYVs can. Some of these older homes have been sold 3 plus times over years. Then all sudden they’re out of compliance.:thumbup:

There's roughly 150' of edging. Thats a lot to cut but I've read commentary that you have to restore to original not just correct what's there.

[Bill14564]

There's roughly 150' of edging. Thats a lot to cut but I've read commentary that you have to restore to original not just correct what's there.

You are looking to buy the property - the current owner should make it right if it isn't.

- As suggested, talk to the ARC about the situation. Take pictures if you can so they can see it
- Ask if the ARC has any approvals for that work
- Obviously, ask if what you see represents a violation

At that point you have options:
- If the ARC has an approval for it, you're good
- If the ARC does not see it as a violation (I sure would like that in writing) then you have reason to feel good
- If it is a violation then you have some negotiating room with the seller
---- Convince him to correct it before you agree to purchase it
---- Maybe suggest that the non-conforming pavers should be part of the declarations for the sale
---- Negotiate a lower price to cover what you believe it will cost to correct the violation if a complaint is ever submitted

You're in a better position than those who didn't notice a violation before closing on the sale.

[rustyp]

If you are using a Villages Sales agent put in a purchase offer contingent upon the situation meets deed restrictions in writing. Let the sales agent do the work. Why should you have to do it. You are the one spending the money - the seller and the agent are the ones trying to make money.

[Topspinmo]

There's roughly 150' of edging. Thats a lot to cut but I've read commentary that you have to restore to original not just correct what's there.

I think rule is nothing non removable And rocked in for drainage when majority has big drain pipe in backyards?

Yes in back yard a power saw will slice right thru 2 inches or so of cement payers.. AT previous home had root push up concrete 4 inches plus thick cut out 2 foot section easily with chainsaw cutter with concrete disk. About every older CYV has violations in back yard, Painting inside wall different color or murals.

If buyer don’t like it he has options don’t buy it, adjust price down to cover contractor fixing it, have home owner fix it or fix it himself. IMO lots of CYVs has this problem. Also that one foot easement off neighbor’s house usually problem area?

[badkarma318]

I would suggest that you discuss this in person with ARC to see if the pavers were approved by them at the time of placement.

The easement rules you cited are from an ARC manual, not from the official deed restriction document, which the owner signed at closing. I would print out and read the deed restrictions very carefully because there could be a discrepancy between the manual and the deed restriction document. I think the deed restriction document is the controlling document when there is a discrepancy. Also, I don't think that other courtyard villa communities in The Villages have the same paver restrictions that District One has. My courtyard villa deed restrictions in another District do not prohibit pavers within 2 feet of the neighbor's wall or the rear concrete wall.

This is good advice.

Go to the site below, scroll down to "Deed Compliance", click on "Declaration of Restrictions", click on the specific property you're interested in, then read very carefully.

District 1 - The Villages Community Development Districts (https://www.districtgov.org/districts/residential/one/#)

[asianthree]

If you are using a Villages Sales agent put in a purchase offer contingent upon the situation meets deed restrictions in writing. Let the sales agent do the work. Why should you have to do it. You are the one spending the money - the seller and the agent are the ones trying to make money.

Agreed however, I would never trust an agent whose main goal is to make money, fix the problem. When a 5 minute conversation in person can give you the correct answer

[Switter]

I would make the purchase of the home contingent on them bringing it in to compliance if it is not. You could rent a concrete saw and cut it but I've operated them before and you're gonna put a ton of concrete dust in the air. You also have to have a good respirator because concrete dust is very bad for your lungs.

[Hape2Bhr]

Why not pull the pavers up and build a wall/edging?