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thanks for the link, but it should be read in concert with the other, it means the ARC restrictions can not interfere with the state law, not that you can plant anything you wish.
That's my quick read of it. |
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Your delimia is solved by the Deed restrictions, call deed compliance at (352) 446-3762.
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Also don't assume the company doing the job got the approval either because many don't. And even if theyget approval we know of a job that was approved, after approval the owner changed the plans because he knew nobody comes out after to see if the job was done by the plans. Godd neighbor relations are important but so are your rights.
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Good neighbors realtions are important,however,thats if they go both ways.You cannot be just one-sided. Trust me their are lots of people here who would just let them be bullied. Always stand up for yourself.Do not chalk this one up to experience.If they will not change, then "The Gloves Come OFF."
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Sorry EnglishIvy about "District" ref. Whoever dispatched the person to indetify the location of utility lines followed protocol. Our landscaper would not begin until the locations were marked. He also complied with all setback rules, as well as educating us to the height limitations for plantings.
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I would think the more that's written here on TOTV the more the offending neighbor will have in his arsenal if he gets wind of the postings on TOTV. If I had this problem, I think I'd work with Deed Compliance rather than broadcast it for all to see.
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Good Point!!
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So you might do that permit check when its start. You can be a total but and record the whole process, make an official complaint and if they end up having to rip a bunch of it out and loose money for their troubles guess thats lesson learned. I am with you Happinow...I would be beyond upset over this. I do hope you prevail. |
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Wow..with some comments posted on this board, you may want to consider selling the lot before you start building. Do you really want to get into a situation "where the gloves come off" or you are going to be in an environment where you are uncomfortable talking to your next door neighbor....what a mess to look forward to. I would definitely continue to work with the ARC....but if there is a problem, it may not be resolved over night. The talk about a lawsuit is nuts unless you have the backing of ARC, and even then if the ARC cannot resolve it, a judge would most likely throw it back to them and then you are in limbo. Yes a view is something and you paid for it..but good neighbors are invaluable...and it sounds like even if you did not have this landscaping problem.....other issues most likely loom ahead.
As they always say you can pick your lot, pick your house, but you cant pick your neighbors. WE know a number of people that have moved from one village location to get a bigger home or better lot view only to be displeased with the neighbors.....not a landscaping problem or anything like that just the new neighborhood was not like "we had before". |
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Moreover, the loser pays all your legal costs by way of the deed restrictions. I'm reading mine in #215, 5 Enforcement Spells it out in very simple terms. If I paid the premium to have a golf view I would exercise my rights to the fullest extent of the law. Not only is this owner affecting Happynow but also the users of the golf course, which is also spelled out. section 2.7 I'm sure other sections at TV have the same or similar language. |
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Just sayin'. |
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You win you right to quite enjoyment. You lose any hope of having a good neighbor, but that sounds like it is lost anyway, in fact it was mentioned that other neighbors aren't too happy with this either. But in the end the lawyer really wins. Let's hope they apply and are explained what they can and can't do. But if they don't apply for approval then what, let them do as they please? :bowdown::bowdown: |
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Jimbo2012 Yes a homeowner has the right to sue, but as you told me earlier, please read the entire provision. The developer also has the right but not the duty to enforce code violations. As I mentioned before if you dont have the backing of the ARC, your chances of succes are greatly dimisished. If (alleged) covenant violations are brought to their attention of teh ARC and they fail to take action, that does not set a very good legal precedent...or else there is a reason why. In addition you are talking about a fair amount of money to hire lawyers and especialy if you go to court... you have to ask are you 100% certain of the outcome? You cant sue on emotions.... |
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If they didn't agree, you would lose more than likely. But they just are not required to enforce, but they may (especially with several neighbors on board and the effect of the golf course). You can also add the ARC to the suit for failure to follow it's own guide lines. 100% certain of the outcome, never. Just reasonably sure. The first thing a good lawyer would do is look up case law on the subject. As to cost my guess is $750-$1,000, it's only a motion & reply, then maybe a hearing or determination by submission. A home on a golf view is likely over a $500K investment, what's the cost a small a small lawsuit be comparison. "covenant violations are brought to their attention of teh ARC and they fail to take action, that does not set a very good legal precedent" That would NOT be a legal precedent. . |
We had a similar situation at our first home in TV (except no dog). We had a "golf course view" until our neighbor planted a number of fruit trees right on the property line between our houses (not on the easement). He also planted a row of bottlebrush along his back property line. Blocked the golf course view for the whole street. He did not go to district/ARC folks for a permit; just planted them. Felt like we were living in a forest. When we complained/reported to the powers that be, they came out, looked, and said since he had already planted they would not make him remove them, but when the trees/bushes died, he would not be allowed to replant. I said, "So if we break the rules first before you find out, you won't hold us to them!" Of course the inspector denied that was what he was saying. Needless to say, we sold that house and moved to one right on the golf course with no one behind us. Also, great neighbors now. Much happier here. :)
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I think what can be learned from this is to look carefully at the lots around your potential home and think how other homes will be positioned and how these future neighbors might be planting trees and bushes or even erecting a pillared pool enclosure. The things that homeowners can do that are within their rights to do can obstruct your view of something you had counted on.
It is important that everyone needs to do their due diligence on researching what will happen on the lots around them so they won't be disappointed with an obstructed view that was bound to happen. |
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We have no intensions to sue. Not a battle we want to engage in. As some of you have surmised, this "neighbor" had no intension of being a good neighbor from the start. When his house was being built, he pulled up in his new red vet, and spit on the ground. Then, when my husband went over to talk to him about not blocking our view, all he could say was that he paid cash for his place and wanted everything perfect with the house. He assured us he wouldnt block our view. In a future visit, he brought his dogs over and let them run loose on the property, he then had cleaning people in the house just prior to closing and he told the cleaning gal that "servants do not wear shoes in his home". Our other neighbor heard this with his own ears. Doesn't sound too friendly to me, so we knew he wasn't going to be a good neighbor. We will do our best not to get into any confrontation with him because that is not our style. We will let the right people handle it and will have to live with the outcome. If you could see the paint layout on his lawn, you too would see that it is not anything the villages would approve. Let's hope they do their job on this one. |
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Tommy Steam
I don't know what unit the other poster used, but you can get a Pet Zoom at Walgreen in their "as seen on TV" display for $10. It is the best investment I ever made. Our dog will stop doing whatever we don't want her to do as soon as she hears the sound. We can't hear it as it is a very high pitch sound, but dogs can hear it and it is very irritating to them. It is a rectangular blue box and we have had it for over 2 years and the battery still is working. There may be other similar items out there but this was the most economical and easy to get.
LW888 |
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Dog Dazzer II
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dog dazer | eBay We live in a neighborhood with more dogs than you would believe. Bought one of these and it worked on some of the dogs but the little white yappers, it just gets them going more. Boxer next door did not like it and would go inside when I used it, I almost felt sorry for him, while the others just keep going. |
Oh no that sounds awful. Which Village are you in?
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Call
I would recommend you call Village Customer Service 753-4508 and they
are excellent in looking into problems and helping.:bowdown: |
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My street is very social and we have birthday parties, card games, shopping trips, poker nights, dancing in garages, etc. The neighbors who tend to be negative and controversial are not included. I prefer to live amicably among my neighbors, be on good terms with them, and be included in neighborhood activities. I'm here to enjoy the life I have left and not put on my boxing gloves...especially for situations that aren't life threatening, dangerous, or destructive. I'd fight against doctors who don't do their job or something else that is detriment to me living a longer, healthier life...not a neighbor who blocks my "view". |
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IMO, this is sick. |
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