PDA

View Full Version : Does an ARC decision override a deed restriction?


RobbyHarris
02-19-2025, 12:51 PM
ARC approved putting a small storage shed in my yard (where it can barely if at all be seen from the street) but the deed restrictions don't seem to allow it. Who wins? ARC or DEED? It's not a Villa.

UPDATE: Thank everyone. Going back into lurking mode now. Didn't ask for judgment on what I want to do just if ARC approval trumps DEED restrictions. Thanks for all the info both good and otherwise. Going to have to decide if I want to test out my "question". Approval is good for 90 days.

justjim
02-19-2025, 01:04 PM
OP, you would think your deed restriction would prevail. Perhaps there is a “loop hole” or exception ARC used.

Bill14564
02-19-2025, 01:28 PM
Most deed restrictions vary in small but potentially significant ways. Can you post the name/title of your deed restrictions (S8-160, M4-50, etc) so that we can read specifically what applies to your property?

Several places in my restrictions there is the phrase, "written consent of the Developer, or an architectural review committee appointed by the Developer." Perhaps the ARC believes that phrase applies to what you had requested.

Regrettably, the ARC approval form has the weasel words (yeah, my description), "(5) THE ARC CAN NOT APPROVE IMPROVEMENTS THAT ARE NOT PERMITTED BY THE RULE OR RESTRICTION SO EVEN IN THE EVENT OF APPROVAL, IT IS THE PROPERTY OWNERS' RESPONSIBILITY TO CONTINUE TO COMPLY WITH THE RESTRICTIONS." So while the ARC approval letter has value, investigation of a future complaint may determine that the approval was inappropriate and the improvement would have to be removed.

If it were me, I would gamble on the ARC approval being honored and I would continue with the work. A more conservative approach might be a conversation with the ARC about your concerns. A most conservative approach would obviously be to not move forward with the work.

villagetinker
02-19-2025, 01:29 PM
I am guessing that ARC missed the 'no sheds allowed' deed restriction. IMHO, I would point this out and get clarification in writing if they continue to approve. No idea if this would help if the deed restriction was enforced, but from what I have seen on this site and others deed restrictions are rarely enforced, the developer appears to have no interest in enforcement.

jimhoward
02-19-2025, 02:00 PM
A small shed that can barely be seen from the road is probably not all that expensive.

If it were me I would go ahead and put it in. Worst comes to worst and somebody complains and an investigation determines that the deed is controlling then you remove it but you have a pretty good excuse for why you installed it. Probably won’t happen,

JRcorvette
02-19-2025, 02:34 PM
If it is one of those plastic movable ones that is not very large go for it. If you have a birdcage people have pool items stored in small sheds.

vintageogauge
02-19-2025, 03:56 PM
I am guessing that ARC missed the 'no sheds allowed' deed restriction. IMHO, I would point this out and get clarification in writing if they continue to approve. No idea if this would help if the deed restriction was enforced, but from what I have seen on this site and others deed restrictions are rarely enforced, the developer appears to have no interest in enforcement.

An then there's that white cross thing.

frayedends
02-19-2025, 04:02 PM
I am guessing that ARC missed the 'no sheds allowed' deed restriction. IMHO, I would point this out and get clarification in writing if they continue to approve. No idea if this would help if the deed restriction was enforced, but from what I have seen on this site and others deed restrictions are rarely enforced, the developer appears to have no interest in enforcement.

Is this lack of enforcement dependent on location? I just heard that 14 homes in Lake Denham have recently been told to remove lawn ornaments. Seems like enforcement to me.

Bill14564
02-19-2025, 04:16 PM
Is this lack of enforcement dependent on location? I just heard that 14 homes in Lake Denham have recently been told to remove lawn ornaments. Seems like enforcement to me.

External deed restrictions seem to be strictly enforced by the numbered CDDs when a complaint is filed. Internal deed restrictions are not as transparent so actual enforcement activities are harder to track.

BrianL99
02-19-2025, 04:50 PM
Don't we have a bunch of lawyers on this site?


The Deed Restriction clearly has priority, unless and until, the Beneficiary of the Restriction, grants a recorded release.

Even if that were to occur, if there are existing 3rd Party Beneficiaries, they would still have a claim.

Speaking 3rd Party Beneficiaries, here's one for the lawyer's in the group.

I ask the question, because the entire premises of The Villages, is built on the contention that the neighborhoods will essentially always remain the same and folks won't be allowed to willy-nilly change things.

As the lawyers in the group know, in order to be a "3rd Party Beneficiary", you would typically have to be named in the Deed as a Beneficiary and the "Grant Language" would prevail.

Without reading every Deed Grant from all the various Villages, wouldn't it stand to reason that regardless of the specific language, ALL Villagers are 3rd Party Beneficiaries of most every Deed Restriction?

thelegges
02-19-2025, 04:57 PM
I don’t think any attorney would jump in on a public forum about ARC. Especially since rules can be changed by ARC. Like paint colors approved in 2009 no longer approved in 2015.

ARC has been known to approve something, then because it should not have been approved, the home owner gets “letter to remove”.

I would have to dig some but the subject has come up before, about ARC approval then notice a mistake was made.

RobbyHarris
02-19-2025, 06:40 PM
If it is one of those plastic movable ones that is not very large go for it. If you have a birdcage people have pool items stored in small sheds.


It's 4D x 6W x 6H. No birdcage. In a 2/2 with a tiny Lanai.

RobbyHarris
02-19-2025, 06:44 PM
OP, you would think your deed restriction would prevail. Perhaps there is a “loop hole” or exception ARC used.. Well, that's my issue. I would "think" my D.R. would apply. :0. This is a 18yr old area and frankly I don't think they would care as they are too busy building out down south. Also if anyone complains this is not a anonymous complaint zone so I can get Tony Big Buns to straighten them out if they do. :D

RobbyHarris
02-19-2025, 06:46 PM
I did a search here for (specifically) SHEDS and there were a couple but nothing definitive or with any after-the-fact problems and they were quite old.

I don’t think any attorney would jump in on a public forum about ARC. Especially since rules can be changed by ARC. Like paint colors approved in 2009 no longer approved in 2915.

ARC has been known to approve something, then because it should not have been approved, the home owner gets “letter to remove”.

I would have to dig some but the subject has come up before, about ARC approval then notice a mistake was made.

RobbyHarris
02-19-2025, 06:49 PM
If it is one of those plastic movable ones that is not very large go for it. If you have a birdcage people have pool items stored in small sheds.. That's what it is, but it won't be movable since I will attach it to the existing patio. :)

RobbyHarris
02-19-2025, 07:13 PM
My approval form has nothing like the sample you gave.
It only talks about water management, drainage etc.

How do I find the name/title of my D.R.? Too lazy to go looking for my paperwork buried somewhere. I looked on tax bill etc and only see my specific property info (lot #). It is district 6. I kinda agree on "just do it".


Most deed restrictions vary in small but potentially significant ways. Can you post the name/title of your deed restrictions (S8-160, M4-50, etc) so that we can read specifically what applies to your property?

Several places in my restrictions there is the phrase, "written consent of the Developer, or an architectural review committee appointed by the Developer." Perhaps the ARC believes that phrase applies to what you had requested.

Regrettably, the ARC approval form has the weasel words (yeah, my description), "(5) THE ARC CAN NOT APPROVE IMPROVEMENTS THAT ARE NOT PERMITTED BY THE RULE OR RESTRICTION SO EVEN IN THE EVENT OF APPROVAL, IT IS THE PROPERTY OWNERS' RESPONSIBILITY TO CONTINUE TO COMPLY WITH THE RESTRICTIONS." So while the ARC approval letter has value, investigation of a future complaint may determine that the approval was inappropriate and the improvement would have to be removed.

If it were me, I would gamble on the ARC approval being honored and I would continue with the work. A more conservative approach might be a conversation with the ARC about your concerns. A most conservative approach would obviously be to not move forward with the work.

BrianL99
02-19-2025, 07:23 PM
My approval form has nothing like the sample you gave.
It only talks about water management, drainage etc.

How do I find the name/title of my D.R.? Too lazy to go looking for my paperwork buried somewhere. I looked on tax bill etc and only see my specific property info (lot #). It is district 6. I kinda agree on "just do it".

"just do it"?

170,000 homeowners in The Villages, bought their homes, thinking the home next to them, isn't going to have a "shed" in the back yard or some other type of tacky, ghetto type structures ... but he should "just do it"?

Maybe he should just put a car up on blocks in his driveway too? Maybe a stove-pipe, poking out a side window?

Bill14564
02-19-2025, 07:51 PM
My approval form has nothing like the sample you gave.
It only talks about water management, drainage etc.

How do I find the name/title of my D.R.? Too lazy to go looking for my paperwork buried somewhere. I looked on tax bill etc and only see my specific property info (lot #). It is district 6. I kinda agree on "just do it".

Look at the paragraph immediately above your signature on the application/approval form. The paragraph is all in bold and it's all in caps. It starts, "BY SIGNING THIS ARCHITECTURAL REVIEW COMMITTEE APPLICATION FORM..." What I quoted were the final words in that paragraph.

For deed restrictions:
*** Unfortunately, something about my instructions for finding deed restrictions can't be posted.

Basically, go to districtgov.org, search on deed restrictions, then click on the Community Standards link

Bill14564
02-19-2025, 07:59 PM
"just do it"?

170,000 homeowners in The Villages, bought their homes, thinking the home next to them, isn't going to have a "shed" in the back yard or some other type of tacky, ghetto type structures ... but he should "just do it"?

Maybe he should just put a car up on blocks in his driveway too? Maybe a stove-pipe, poking out a side window?

What would you suggest? Perhaps inquire of the standing committee that reviews modification requests and provides approvals then follow their guidance? Or would you suggest the homeowner decide that they are more knowledgeable about the subject than the committee established to be the authority on the subject?

Papa_lecki
02-19-2025, 08:47 PM
I think the ARC can over ride the deed restriction, BUT only if the violation is “minor” But that is only for adherence to specification of construction in the deed (e.g. the slope of the roof)
Minor is not defined - a future ARC can probably revoke the override, on the basis that a shed is not minor.
Also, the deed restriction says any storage buildings must be attached to the house - the ARC can not overrule that.

You have ARC approval, you can build, but someone can report you, and if taken to court, you most likely will lose.
Like BrianL said, you will most likely P**$ some neighbors off, and we all agreed to like according to the deed restriction.

Papa_lecki
02-19-2025, 08:50 PM
Here’s the paragraph you sign on the ARC application

“ Property owner acknowledges ARC approvals and denials are made in accordance with the District’s adopted Rules,
Standards, and the information supplied by the property owner. It is the property owners’ responsibility to obtain all
necessary permits, governmental approvals and maintain compliance with all governmental laws, water management
district plans, and private restrictions, including but not limited to: building regulations, zoning regulations, plat
requirements, permitting, and declaration of restrictions (collectively, the “Laws”). The Village Community Development
Districts (the “Districts”) and ARC shall have no liability or obligation to determine whether the requested improvements,
changes, alterations or additions comply with the Laws. Property owner shall indemnify and hold harmless the Districts,
ARC, and their principals for any claims arising from property owner’s construction of any improvements to their
property. Without limiting the foregoing, ARC approval in no way modifies the property owners’ responsibility or
liability to maintain designated storm water flow paths and avoid encroachments into easement areas.”

Bill14564
02-19-2025, 08:59 PM
Here’s the paragraph you sign on the ARC application

“ Property owner acknowledges ARC approvals and denials are made in accordance with the District’s adopted Rules,
Standards, and the information supplied by the property owner. It is the property owners’ responsibility to obtain all
necessary permits, governmental approvals and maintain compliance with all governmental laws, water management
district plans, and private restrictions, including but not limited to: building regulations, zoning regulations, plat
requirements, permitting, and declaration of restrictions (collectively, the “Laws”). The Village Community Development
Districts (the “Districts”) and ARC shall have no liability or obligation to determine whether the requested improvements,
changes, alterations or additions comply with the Laws. Property owner shall indemnify and hold harmless the Districts,
ARC, and their principals for any claims arising from property owner’s construction of any improvements to their
property. Without limiting the foregoing, ARC approval in no way modifies the property owners’ responsibility or
liability to maintain designated storm water flow paths and avoid encroachments into easement areas.”

Strange language.

ARC approvals and denials are made in accordance with the District’s adopted Rules, Standards, and the information supplied by the property owner
The District's adopted Rules and Standards are the District's understanding and enforcement of the deed restrictions.
But later in the same paragraph it is explained that the deed restrictions are part of "the Laws" and:
ARC shall have no liability or obligation to determine whether the requested improvements, changes, alterations or additions comply with the Laws.

If the ARC shall have no obligation to determine whether the requested improvements... comply with the deed restrictions (the Laws) then how can they assert that their approvals and denials are made in accordance with the District's adopted Rules which ARE the deed restrictions???

CarlR33
02-19-2025, 09:06 PM
I am guessing that ARC missed the 'no sheds allowed' deed restriction. IMHO, I would point this out and get clarification in writing if they continue to approve. No idea if this would help if the deed restriction was enforced, but from what I have seen on this site and others deed restrictions are rarely enforced, the developer appears to have no interest in enforcement.I find it hard to believe ARC approved something that went against the Deed which should have been a part of the review. As Tinker said, I would definitely get clarification from your district. We are only speculating. Are you even reading the correct Deed? See link to find your district information and screen shot of the Architectural review explained, etc.
Residential Districts - The Villages Community Development Districts (https://www.districtgov.org/districts/residential/)

Taltarzac725
02-19-2025, 09:07 PM
ARC approved putting a small storage shed in my yard (where it can barely if at all be seen from the street) but the deed restrictions don't seem to allow it. Who wins? ARC or DEED? It's not a Villa.

What District are you in?

OrangeBlossomBaby
02-19-2025, 10:05 PM
ARC approved putting a small storage shed in my yard (where it can barely if at all be seen from the street) but the deed restrictions don't seem to allow it. Who wins? ARC or DEED? It's not a Villa.

I did a search here for (specifically) SHEDS and there were a couple but nothing definitive or with any after-the-fact problems and they were quite old.

My approval form has nothing like the sample you gave.
It only talks about water management, drainage etc.

How do I find the name/title of my D.R.? Too lazy to go looking for my paperwork buried somewhere. I looked on tax bill etc and only see my specific property info (lot #). It is district 6. I kinda agree on "just do it".

So, you knew that exterior structures not attached to the HOUSE (not the patio) were not allowed per the deed restrictions, but you went ahead and submitted a request to ARC anyway. And now, you KNOW that one says you can't, and the other says you can.

Sounds to me like when I was a kid, and asked dad if I could go out to play before I finished my homework and he said no, so I went and asked mom, and she said yes. But I was worried dad would find out that I disobeyed him, and asked my sister what she thought I should do.

Sounds to me like you already know that you aren't supposed to have external structures on your property that aren't attached to the house, and you're looking to get away with doing it anyway.

Good luck. My advice: don't be that neighbor. No one wants a neighbor like that, here. With a tacky pink flamingo on the front lawn, at least you can move it to the back yard and it'll be in compliance. Or you can throw it away and it's just $20 in the trash. A shed is significantly more expensive, will result in the destruction of however many square feet of yard it sits on, and is much more likely to **** off your neighbors.

Babbs1957
02-19-2025, 10:44 PM
I saw another post about a drone flying low over houses, probably looking for violations and not damaged roofs.

RobbyHarris
02-19-2025, 11:00 PM
"just do it"?

170,000 homeowners in The Villages, bought their homes, thinking the home next to them, isn't going to have a "shed" in the back yard or some other type of tacky, ghetto type structures ... but he should "just do it"?

Maybe he should just put a car up on blocks in his driveway too? Maybe a stove-pipe, poking out a side window?


LOL, there are more "sheds" than you may think. Besides. It was properly APPROVED by going through the PROPER CHANNELS.

RobbyHarris
02-19-2025, 11:06 PM
I saw another post about a drone flying low over houses, probably looking for violations and not damaged roofs.. Nah. I was the 2 ladies in the golf cart with the clipboards that have now gone high-tech.
:gc:

RobbyHarris
02-19-2025, 11:22 PM
So, you knew that exterior structures not attached to the HOUSE (not the patio) were not allowed per the deed restrictions, but you went ahead and submitted a request to ARC anyway. And now, you KNOW that one says you can't, and the other says you can..

Mom, you "assume" a lot without any knowledge of what your assumptions are based on. First of all, I had no idea it wasn't allowed because I have seen a few of them (not sure if they were approved or not) often next to outdoor large grills that are almost as big as the shed and I sent in the app ASSUMING it would be rejected, which it was not. The other (incorrect) assumption you are making is that it will not be attached to the house. Never said it would or wouldn't be but in my app I specifically said it would be attached to the house as well as the concrete. I guess assumptions are like opinions. ;).

I also didn't ask you (or anyone for that matter) for judgment on my decision to own one, just whether ARC decisions trumps DEED RESTRICTIONS, but yea, this is the internet. In fact, the last time I saw my D.R. was in 2017 when we moved in. Still looking for them. Probably in a box in the attic.

RobbyHarris
02-19-2025, 11:39 PM
Look at the paragraph immediately above your signature on the application/approval form. . Yes, I see it. Your first post said APPROVAL form, it's not on that, but it is on the application form as you just added.

Bill14564
02-19-2025, 11:44 PM
. Yes, I see it. Your first post said APPROVAL form, it's not on that, but it is on the application form as you just added.

Immediately above your signature is the paragraph I noted. Immediately below your signature is the approval. When I retrieve my approval or anyone else’s, that paragraph is on the page. I call that the APPROVAL form.

RobbyHarris
02-20-2025, 12:03 AM
Immediately above your signature is the paragraph I noted. Immediately below your signature is the approval. When I retrieve my approval or anyone else’s, that paragraph is on the page. I call that the APPROVAL form.

Yes, I agreed with you. The APPLICATION FORM has the info you mentioned.

Not trying to beat a dead horse here, but the "approval" form I received by email was a totally different form without that text you listed. It has 2 boxes on it One says APPROVED and the other DENIED and lists any stipulations (which were all "water/drainage" based and circled). Then below the "APPROVED BOX and the list of stipulations, was the Committee member signature. Nothing else.

2 totally different forms for me. All I was originally looking at was the approval email I got and not the APP which was in a drawer which was how I missed it.

OK, out of here now. Been nice. Back to lurking.

asianthree
02-20-2025, 04:21 AM
Have I missed the answer to the question What District is involved? We may have a moot point if OP lives in the historic section.

OP I have to ask, one can’t see the Shed from the road? But what do your neighbors get to see?

ChilePepper
02-20-2025, 05:49 AM
:thumbup:Mom, you "assume" a lot without any knowledge of what your assumptions are based on. First of all, I had no idea it wasn't allowed because I have seen a few of them (not sure if they were approved or not) often next to outdoor large grills that are almost as big as the shed and I sent in the app ASSUMING it would be rejected, which it was not. The other (incorrect) assumption you are making is that it will not be attached to the house. Never said it would or wouldn't be but in my app I specifically said it would be attached to the house as well as the concrete. I guess assumptions are like opinions. ;).

I also didn't ask you (or anyone for that matter) for judgment on my decision to own one, just whether ARC decisions trumps DEED RESTRICTIONS, but yea, this is the internet. In fact, the last time I saw my D.R. was in 2017 when we moved in. Still looking for them. Probably in a box in the attic.

Bill14564
02-20-2025, 06:49 AM
Have I missed the answer to the question What District is involved? We may have a moot point if OP lives in the historic section.

OP I have to ask, one can’t see the Shed from the road? But what do your neighbors get to see?

In post #16 he wrote that it is in CDD6

Bill14564
02-20-2025, 07:29 AM
The OP is critical of assumptions. Three assumptions I made:

1. I assumed the OP had read his deed restrictions. After all, he stated the deed restrictions did not seem to allow the shed. However, that was just an assumption which was cleared up when he wrote he hasn't seen his deed restrictions since 2017.

2. I assumed the shed was not attached to the house. In the original post he wrote "in my yard" with no further clarification. Well of course it is in his yard, the ARC certainly wouldn't approve putting a shed on your roof or in a neighbor's yard. Since it was stated that the deed restrictions did not seem to allow the shed then it must not have been attached to the house since that is a significant factor in the deed restrictions. However, that was cleared up in post #29 when he stated his app said it would be attached to the house.

3. I assumed the approval was for the original application. The approval section is on the second page of an original application and is just below the paragraph that allows the ARC to make mistakes. The poster wrote that his approval letter did not include that section. What he didn't mention was that his approval came after he re-submitted the application with additional information. The RE-SUBMITTAL form is a one-page form that includes the approval section without the ARC-mistake paragraph.

To the OP: Since you have not read your deed restrictions, what gave you the idea that the deed restrictions did not seem to allow what the ARC approved?

To the original question: Section 2.8 of your deed restrictions specifically allow an outside storage structure which is permanently attached to the home. This section references section 2.4 which speaks to the home itself but probably should reference section 2.5 which speaks to additions or modifications. Section 2.5 gives the ARC the authority to approve additions or modifications. It appears the ARC approval is NOT in conflict with the deed restrictions.

CarlR33
02-20-2025, 07:39 AM
In post #16 he wrote that it is in CDD6Yes, but also needs to know the lot, etc.
District 6 - The Villages Community Development Districts (https://www.districtgov.org/districts/residential/six/#)

Bill14564
02-20-2025, 07:48 AM
Yes, but also needs to know the lot, etc.


The question was what District did he live in because it might be on the historic side. He stated he lives in District 6 which is not on the historic side.

Yes, to find his deed restrictions he needs to know his unit number. He does know this, it is a required field on the ARC application that he submitted. Also, in post 16 where he mentions his district number he stated he has looked on his tax bill and this also contains the unit number.

SHIBUMI
02-20-2025, 08:09 AM
Does anyone know what is acceptable????????? And whether its front or back location?

thanks


Is this lack of enforcement dependent on location? I just heard that 14 homes in Lake Denham have recently been told to remove lawn ornaments. Seems like enforcement to me.

Bodrum
02-20-2025, 08:11 AM
It may be seen from the street but about next door? I would not likeone next to me. Go to a storage company

Mrfriendly
02-20-2025, 08:41 AM
A small shed that can barely be seen from the road is probably not all that expensive.

If it were me I would go ahead and put it in. Worst comes to worst and somebody complains and an investigation determines that the deed is controlling then you remove it but you have a pretty good excuse for why you installed it. Probably won’t happen,

I don’t know the answer to your question and I will assume also…
When you bought your house, you had a survey done and purchased an owner’s Title Insurance policy?
When you go to sell your property with the aforementioned shed, ( assuming your neighbors never complained and turned you in ) your buyer and the new title insurance co and surveyor will bring that to light and you may need to remove at your expense.

ByebyeMichigan
02-20-2025, 09:03 AM
No sheds. Period .

BrianL99
02-20-2025, 10:16 AM
One of the reasons The Villages has been so successful, is their ability to maintain the status quo and continue to provide the environment and aesthetic, that everyone bought into.

The entire premise of the The Villages is and always has been, "what you see is what you get" and it's not going to change. We're always going to replace the flower beds every quarter, you'll also have "free golf" and your community will look as nice in 25 years, as it does today.

The Deed Restrictions and the various rules & policies, are all in place to perpetuate this goal.

Folks who are trying to figure out a way to change things, manipulate the Deed Restrictions or complain about the "rules" are doing a disservice to everyone who bought a home in The Villages.

If you wanted a "shed" in your back yard, you should have bought somewhere else. If you want to decorate your front yard with plastic swans from Wal-Mart, move. If you want to proclaim your religious beliefs to the public, move to some where that's allowed.

If you didn't like the rules here, you should have bought somewhere else. If you bought without knowing the rules, get on board or move.

Most of us bought here because of the rules, not in spite of them.

Villagesgal
02-20-2025, 10:27 AM
ARC approved putting a small storage shed in my yard (where it can barely if at all be seen from the street) but the deed restrictions don't seem to allow it. Who wins? ARC or DEED? It's not a Villa.

UPDATE: Thank everyone. Going back into lurking mode now. Didn't ask for judgment on what I want to do just if ARC approval trumps DEED restrictions. Thanks for all the info both good and otherwise. Going to have to decide if I want to test out my "question". Approval is good for 90 days.

Read your deed restrictions carefully. Mine, north of 466, states sheds must be attached to the home and on the back of the house, so they are allowed here.

Bill14564
02-20-2025, 10:37 AM
...

If you wanted a "shed" in your back yard, you should have bought somewhere else. If you want to decorate your front yard with plastic swans from Wal-Mart, move. If you want to proclaim your religious beliefs to the public, move to some where that's allowed.

If you didn't like the rules here, you should have bought somewhere else. If you bought without knowing the rules, get on board or move.

Most of us bought here because of the rules, not in spite of them.

I assume that includes the rule that exists for multiple "Units" and reads:
All outside structures for storage or utility purposes must be permanently constructed additions in accordance with Section 2.4 and of like construction and permanently attached to the Home.
To some, myself included, that fits the description of a "shed" in the back yard.

joneg
02-20-2025, 11:02 AM
Not sure what response #33 & #38 implies. The historic side has ARC and deed restrictions. ??

Bwanajim
02-20-2025, 02:53 PM
ARC approved putting a small storage shed in my yard (where it can barely if at all be seen from the street) but the deed restrictions don't seem to allow it. Who wins? ARC or DEED? It's not a Villa.

UPDATE: Thank everyone. Going back into lurking mode now. Didn't ask for judgment on what I want to do just if ARC approval trumps DEED restrictions. Thanks for all the info both good and otherwise. Going to have to decide if I want to test out my "question". Approval is good for 90 days.

Better to ask for forgiveness than beg for permission

bsloan1960
02-20-2025, 04:40 PM
It's not a Villa What does that have to do with anything?

OrangeBlossomBaby
02-20-2025, 07:43 PM
Have I missed the answer to the question What District is involved? We may have a moot point if OP lives in the historic section.

OP I have to ask, one can’t see the Shed from the road? But what do your neighbors get to see?

It's not a moot point. External structures are not allowed here either, unless they're attached to the house. Mobile homes/manufactured homes can have laundry sheds (and almost all of them do, here). If yours has to be replaced due to damage or age, you can replace it. But you can't put one in your back yard.

asianthree
02-20-2025, 08:03 PM
It's not a moot point. External structures are not allowed here either, unless they're attached to the house. Mobile homes/manufactured homes can have laundry sheds (and almost all of them do, here). If yours has to be replaced due to damage or age, you can replace it. But you can't put one in your back yard.

OP is attaching to existing patio, which I would hope isn’t in the middle of yard but abutting to structure. Our Great Aunt moved to the Historic side during its early days, and the shed (laundry) was attached to the patio abutting to the home. My post of moot point sheds are allowed in Historic side. Which in the early days seemed to be at the end of the car port in the HS.

MarshBendLover
02-20-2025, 08:45 PM
One fact we now know.......he will never ask for advice on this site again.

VAtoFLA
02-21-2025, 07:41 AM
I assume that includes the rule that exists for multiple "Units" and reads:
All outside structures for storage or utility purposes must be permanently constructed additions in accordance with Section 2.4 and of like construction and permanently attached to the Home.
To some, myself included, that fits the description of a "shed" in the back yard.

I'm not sure the shed the OP is describing is of "like construction" to the home, but I do agree with you, that it would fit the description of certain sheds.

Velvet
02-21-2025, 12:19 PM
Better to ask for forgiveness than beg for permission

Could be an expensive thing, high daily fines and then cost of removal. In my area, district 6, one lady had to remove her king palms which were there when she bought the house 9 years ago at the cost of $7000.00 to her. She complied and was so upset she sold her beautiful home.

Bwanajim
02-22-2025, 09:56 AM
Better to ask for forgiveness than beg for permission. If it's hardly noticeable in the neighbors aren't jerks I wouldn't worry about it unless you spend a lot of money on it.

Bill14564
02-22-2025, 11:14 AM
Better to ask for forgiveness than beg for permission. If it's hardly noticeable in the neighbors aren't jerks I wouldn't worry about it unless you spend a lot of money on it.

Depends on how rich you feel.

The "ask for forgiveness" approach is going to waste the money spent on installation and cost money for the removal and correction. For something like a roof or a wall or painting, that could be a significant cost.