Restrictions and Conformity
 

Bought a home here two years ago...thought we were in paradise...The Village Reality realtor knew we wanted to build a lanai on the side of our corner lot...he suggest a surveyor...survey came back that the easement left 15' from the house for the lanai...great...last month asked for bids...first contractor said immediately we could not built because easement leaves only 5' to build. Checked with Sumter County...sure enough - 10' from the curb for the county...then 20' by the developer!! for ????....asked about an easement appeal - The Villages haven't granted an easement appeal since the Morris' bought their first acre...I finally realized what the homes in The Villages reminded me of - a senior citizens' Levitt Town.

You didn't get a plat of your lot when you closed?

It looks like you really do own a home on a corner. Lots of people come on and post nasty grams just to cause a stink. I'm sorry it didn't turn out to be your dream. I don't have any suggestions because it pretty much is what it is. Best of luck.

we had the same issue......thought we would own that huge tract of land on a huge open corner lot.....

NOT.......but as always...we fall in love with the house and the location and then get the plot and reality sinks in...

you have to maintain the lot...but you can't use it....

Get a plot map before you sign anything.......

Actually it's Levittown, but anyway you could always sell what you have and buy what you want. Trust no one, check everything. :ohdear:

Now that you know your way around TV, look for exactly what you want -- then put your house on the market and sell it to someone who craves a corner lot. A very high percentage of Villagers move at least once before they settle into their "forever" house.

And this time, do your own due diligence! It's easy to blame someone else, but if something is important to you, check the facts yourself using reliable sources.

Why would the developer need a 20" easement? I understand the County needing the 15" since that's where all the stuff is but 20" for the Developer? Just doesn't sound logical.

Something that important to a buyer should be added to the sales contract as a contingency for your protection.

Contingencies give you a nice warm fuzzy feeling. Strangers don't like giving those feelings to other strangers.

I agree with what Bike42 said.

Yes, I agree, I should have been more involved, but I had gotten complacent. I have been through aout 8 homes in my life. I started in NY where everyone said you should have a lawyer, so I did. Of the 4 houses there, there was never any problem. I began thinking, like a lot of people do, that lawyers were just money managers at closing. Anyway, when I moved out of NY everyone said you didn't need a lawyer for a closing, and they were right - the builders were always cooperative, the real estate people were honest, the surveys were correct and registered correctly. I even had my real estate recognize the need for a zoning variance, which she managed, and it was not an issue at closing. So I took this attitude into THE Villages closing. As I have since found out, the real estate agent was basically an employee of the developer. The surveyor either didn't look to find an existing plat, or failed to register his survey with the county, or the county failed to compare the two. If I had hired a lawyer, he/she would have caught these mistakes and would have recommended I not buy the house.

We ran into a similar situation when we went to build our birdcage. We have streets front and back. We soon found there was an 8 foot utility right of way, and then a 20 foot area where we could not built any permanent structure. We had originally thought these over lapped, but a review of the plot plan showed that there is 28 feet that must remain clear of buildings. Fortunately there was sufficient side clearance to put in an L shaped birdcage of almost 800 square feet. I had previously gone to the Sumter County building department and had gotten a complete set of drawings for our house, and the first one was the plot plan. I then had to get an education as to what could be done and where. I hope the comment from the original realtor was from inexperience and not deception. It was good that your contractor pointed out that what you wanted to do could not be done. There was a case recently where a villager has to remove or reduce the size of his birdcage because it is over the easement. I am assuming that you have been to ARC for a review of your situation, and that they are not willing to grant an exception. Sorry for your experience, and hope that this has not turned you off to the villages.

These are think about, not answer publicly questions. Did you have a lender? Lenders have attorneys looking out for thrur best interest. Did you purchase title insurance? An owners policy, Not a lender policy? Actually, either might help. Don't know. If there was a survey and the surveyor missed something, can you go after the survey company for help? Have you spoken with a real estate attorney? You may need to go to Orlando, but an easy drive. You can go to Costco and trader joes while you are there.

There were two diagrams in the 100 page closing one was the original plat, which had very little info(but, as I was to find out later) that was was important. The Survey looked similar and post dated the original plat, so I assumed it was the latest and correct one. Again, without a lawyer, I was going into this very restictive living environment without a clue,

I understand and sympathize. Real estate transactions are complex and nerve-wracking. And just for future reference, TV has restrictions of course, but setbacks are almost universal. And they should be very specifically identified on the plat, one of the most important documents in the process.

I also agree with others...if you're not happy with this house, keep the faith. Somebody will love it and allow you to pursue your dream home. :)

You have your address posted so I looked at your lot on Sumterpa.com and it shows a very, very large side yard. I can see why you are disappointed. I am surprised how close some lanai's go to the edge of the easement.

I too hope that there was no deception and wonder how we can learn from this. The ARC has the power to say what can be built. Can people ask them before they close?

I feel bad for you.

I had the same problem when I thought I wanted a larger lanai area. Contacted the building dept. and they said I could only extend 5.5 ' onto the side of my home that sits on a corner lot. It didn't make sense to me as I have a lot of room before getting to the curb but, it is, what it is.

The choice was to move to get what I wanted or realize I really didn't spend much time outside socializing. I decided to stay.

My sympathy for your not realizing this was going to be a problem but you can always sell your home and buy a home that suits your needs better.

It is very disappointing, as some people don't like to move. I'm a one and done, type of person.

Things that I have learned after 50 years in Community Banking.

Never take the word of a real estate salesman. They are too financially involved in the transaction and are many times ignorant of the pertinent RE law and regs. Use an attorney(Real Estate Specialist-with malpractice ins) . All attorneys are not the same. -- Read the Docs. Easements are fully described there.

Do not know the facts of this case but am continually amazed. how casually people treat the review and consideration of the (normally) largest purchase
they will ever make.

Amen.

dddave: First, "thought we were in paradise" is not a conducive element when conducting business.

Second "The Village reality, realtor apparently didn't place your interests ahead of his and I would let him and those above him know it. you stated he knew you wanted to build a lanai. He should have checked that out for you to determine the legality and the feasibility.

Third: Now that you know of this restriction should you decide to sell this home you may want to know the legal implications of disclosure concerning this restriction.

It is a bummer that you had to endure this otherwise unnecessary disappointment .

He doesn't have to reveal any restrictions since they are common to all of us. Don't scare the crap out of this guy. Geeeez

My intent was to be helpful and supportive given this guy's dilemma . I am not a lawyer or in the real estate business. I would ask such a question if it were me and I have always made full disclosure on all matters concerning my homes whether I was legally obligated to or not because in all cases I made the necessary corrections/repairs. If they bought my house I left bottle of champagne with two glasses on the counter

If what you say is true concerning restrictions then concealing such information appears at minimum underhanded and at best unethical, especially if the potential buyer asks the question which he did in this case

Personal Best Regards:

I can't speak to the setback dilemma but in the last 24 hours I was questioned twice why I was going to use a lawyer. One agent said the people in the Northeast rob each other constantly and that's why we want to be represented when we do business in Florida. I really hear what you said about being complacent. Its is happening to us now. We are bumping into walls because we are over extending ourselves. Packing is one thing, getting the repairs done in NJ is tough. Usually getting a licensed contractor to do a job is a piece of cake but not this time of the year. Closing my wifes business is stressful. Dealing with two realtors in Florida is a damn sin. One is a slug the other is a conscientious individual who is a hustler but today I had to tell him G>T>F>P. Get to the @%&ing point with the subject at hand. Just frustrated rite now. Even a lawyer to get on the line is a problem. God Bless I'm glad they are busy but how about a little common courtesy. I really hope you get your situation straightened out. I am grateful you posted this it is a definite wake up call for me to not let any detail slide because I'm tired and beat up. Take Care.

So as a Florida "Realtor"...inactive, I must abide by the laws of the State of Florida rules governed by the DBPR. Florida Department of Business & Professional Regulations.

Villages sales people are licensed threw the state of Florida although they are not considered "Realtors", to be a "Realtor"...you must be a member of your local board of realtors, this gives them benefits and also access to the MLS. The villages salespeople don't need MLS access so they don't have to be members and save on the fees and they are substantial......

BUT in order to practice real estate in Florida you must have a license which the Villages sales people do have. and are required to follow the DBPR.....rules....and they are strict and many. But you get a pretty R pin your can display on your suit if your a board Realtor..

Anyway....most Broward "Realtors" concerned with there license carry malpractice insurance for just this type of issue....

So long story short....if you have a copy of the survey and you can prove the salesperson knowingly provided false information due to incompetence or deliberate...call the state DBPR in Tallahassee and see what they say.....this matter may have been time sensitive....but you never know. Best of Luck...

Licensure Information

For those who have their knees hit the underside of their chins every time even an implied criticism of the developer or their employees is mentioned, the OP has acknowledged that he simply trusted too much and it is basically his fault for doing so.

It still sucks any way you look at it.





Thank you kstew43 for giving him some great advice and maybe a path by which the OP can mitigate, what would definitely be a major disappointment in finding out that The Villages do not employee actual real estate agents in the true sense of the word.

They are simply sales people.

Good luck dddave. :thumbup:

KStew, I remember you told us you live in a development "down the road" but you own and rent out a house here. I have always thought you are missing all of the fun.

Thank you for helping me hang in there.
 

To those who commented on my thread with sympathy, advice, and, yes, even finger pointing (sincere critiques speaks well of the critiquer), I say thank you. Your words have warmed my heart and that of my wife. I know that I am the prime (but not only) cause of my problem. I do tend to be too trusting, but it does get my knickers in a knot when someone takes advantage of that trust. When I was growing up, words and handshakes were far more binding than ink on paper.

As for where I will take it from here, your words have solidified a question that had been vaguely rummaging around in the back of my mind – am I Villager material? My view has always been that too much freedom leads to chaos, and too many rules and too much order leads to a boring similarity. Through reason and compromise I have tried to live in the road between chaos and boredom. I fear that “The Village Experience” is based on the latter, and that it will never accept my appeals to reason and compromise.

This is not a criticism of “The Villages Lifestyle”. I have observed many people (but not all) at the town centers, at the club restaurants, on bocce courts who are truly enjoying their life and life style. I truly enjoy watching their enjoyment. However, I also don’t criticize nor condemn those who live a non-conformist lifestyle (and I cite LGBT’s). I have observed them (not all of them) enjoy their lives just as much. To me the bottom line is - If you find your happiness, embrace it and revel in it.

Returning to my “boring similarity” quote, I will suggest two experiments for you to prove my point.

First, drive down any Village road at speed for a quarter of a mile. I would challenge you to cite with certainty which house is an “Iris”, which is a “Lily”, which is a “Gardenia”.

Second, find a fairly straight street in The Villages; in the evening stand behind one of the lighted house identification poles (you know the ones that say you are a golfer or a fisherman or a politician (okay, no politicians). I will bet that you will see a straight line, any pole of which does not deviate more than an inch from that line.

As always I take full responsibility for not observing, while house hunting, the sociological and architectural realities of The Villages.

I would seem that I should be putting a "For Sale" sign on my lawn (sorry, in the window), and a sticker on my car "Moving to Arizona." Yet, surprisingly, in my mind, the question is still sitting on my table – Am I a Villager? It is still there because of a second reading of all your words and sentiments. I saw how replete they were with your individuality! That revelation has left me grappling with the following - apparently you have learned to “compromise” (a little) your individualism, and with that been able to ignore the peevish and capricious rules piled up around you and embrace the personal and higher personality aspects of The Villages. So, I am thinking, if you could, maybe I could, and, if I can, maybe I am a Villager.

The jury is in deliberation.

Thank you all again.

I hope you are able to discern what is most important to you and move (or not) from there. Is it friendships, sports, hobbies, or is it the ability to live up to your individuality in such a place as The Villages. I never thought I would, as a city girl, ever live in suburbia, and yet here I am. I would go back to my city in a heartbeat if it were warm year round. But it isn't, and I don't want to sit in a cold house and have to scrounge around to find indoor pickle ball courts (pickle ball as a synecdoche).

So I try not to guess which is the Gardenia, or notice the lamp posts in a row, or the sea of rooftops looking north on 466A, in favor of the warmth and the sports and activities. If my dog doesn't like something, he turns his head. If he can't see it, it's not there, and he continues on. I've adopted his approach somewhat.

We travel a lot, and that breaks up the sameness. I don't know if I'll ever feel the same sense of ownership I did in my home town, but the longer I'm here,the more things I do, the more I feel like staying. I may never be a real "Villager," but it's getting more comfortable as I go along. Good luck to you in whatever you decide, dddave. I hope you don't let a birdcage make your decision for you. It happened to my neighbor, so they simply built again with what they had learned about setbacks. But maybe you are looking for more than just a bigger birdcage.

Restrictions and Conformity
 

Maybe TV just isn't for you. I don't believe TV has any more restrictions or sameness than found in most residential subdivisions anywhere. And I assure you that I...and I'll go out a limb and say most Villagers...have not sacrificed any (not even a little) individualism to live here. Choosing to live in a community of subdivisions and picking one of dozens of models of homes does not constitute giving up one's individualism.

It sounds to me like you have your own way of evaluating and placing value on a community. And that is of course fine. But using terms like "boring similarity", "sociological and architectural realities", and "peevish and capricious rules" is, in my opinion, insulting to Villagers. And it's very presumptuous on your part to think those terms describe anything but your opinion and also to assume that that opinion might be shared by most Villagers.

I truly hope you find what you are looking for, whatever and wherever that might be.

CFrances Well done. We agree except for the concept of "a villager". I prefer to think in terms of " a good neighbor" because of the size and continued expansion of The Villages the term "a village" doesn't seem as quaint any longer.

Like you I too miss the city life and the Minneapolis area fit my lifestyle best. It wasn't so much the weather that drove me away, it was the taxes; albeit going back to snow gets difficult with each passing day.

We adapt and I am fortunate that my neighbors are all really good neighbors friendly, non-judgmental, lively.

Personal Best Regards:

You make very valid points.

The primary drawback in choosing to live here was exactly most of those things you've noticed. Not to say that I believe in unrestrained individualism, because someone choosing to paint their house neon green and leaving their pickup on cinder blocks in the front yard with a huge confederate flag flying from the bed, directly affects MY property values and sensibilities.

In the big picture however (at least for me), the ability to live an active lifestyle, all accessible by golf cart, overrode the negatives.

Covering both extreme ends of the spectrum, some people prefer to have others control most of their lives and some people bristle at any sense of conformity or control. While living here is closer to the former than the latter, there is still enough freedom for individuality that I can personally live with.

Best of luck in finding a way to obtain a larger lanai (whether by expanding or moving) and thanks for a great thread and a warning for others. :thumbup:

Is the need for a larger lanai really responsible for such introspective thought ? If the lanai were allowed to be built would conformity and individualism be on trial here? Would the lanai conform to architectural standards if it were to be built or would it stand like no other all within the confines of easement ? Would its occupants then be happy or remain sullen knowing yet still all the neighborhood light posts appear as one...

Hope to meet you at Crispers today. Very thought provoking post.

Perhaps the need is to have a forum that doesn't mind if you think out loud and maybe get some feedback. That's not a slam; just a musing.

Maybe you have already done this. What I did when I bought my home, as we wanted a pool, we had T&D come before we completed the P&S and actually draw out where we could put the pool, how far each direction we could go, what options as a variance, (and they can happen up to 2.5 feet on our corner lot), and allowed that to be our final purchase decision. We were fortunate in that we could build a pool and birdcage the size and placement we wanted with a very small (less then 10 square feet) variance on one corner. T&D committed that they could get that variance and they did. And some of it came from that 20 feet from the corner lot side curb and most from the 10 foot rear line. So it can be done. Now it probably helped my application that T&D is owned by the developer, but they also build lanai's so might want to check. And I also highly recommend them as they did an outstanding job with all aspects of the pool and birdcage build. And I have no facts to back this up, but the person who did the measuring and made the commitment told me they get that 2.5 extra feet almost every time they make the request. And T&D was more expensive then other bids I got, but I also believe worth every $$.

This is not true. Actually belongs to Terry and Glen Yoder.
About T&D Pool and Spa Construction

Some of these posts remind me of the current issue of immigrants flooding into the US and not wanting to assimilate, but wanting the culture and way of life from their former country. Many who come here for the better weather, do so in spite of the rural lifestyle they have invaded. Some come here and want to change the local politics. I recall discussions with locals (friends and relatives), who, at the time, were less than enthusiastic about the huge growth in their county. At the time, I didn't really understand why. I just thought that they were overwhelmed with the changing landscape. After living here for some time, I now see how the massive influx of different thinking people, many from large population centers can intentionally or unintentionally adversely affect the previously quaint, rural, polite community. People from large population centers, who actually grew accustomed to those areas, see TV as nothing but an improvement to this rural area. As some posters implied, they are here in spite of the local flavor. And many have no intention of assimilating into the local community, but seem to almost talk defiantly about overrunning the locals. Many wish the stores they loved in their former locations, would open a store here. Or many talk about how we need more high end restaurants, like they had in their former location. I witness frequent acts of rudeness, and unfriendliness, much of which is probably innocent and just the hardening of personalities though surviving and functioning in crowded urban areas. I see the difference when I go to a local family business, the young people are unusually polite. Not for rural Central Florida standards, but from where I and many of us spent most of our lives. I hear a lot of "yes sir's" and a genuine respectful attitude. This isn't meant to offend, but it just struck me as I read some of these comments, and remembered a string of comments from other posts over time. I do feel sorry for the locals and many of the original TVers who bought into a true rural village atmosphere, only to watch over time the urbanization of this area.

Do you know for a fact, the the Morses have no financial connection or interest in T&D? Reading the state/county records does nor mean the Morses don't share in T&D profits.

Another thought provoking posts. I hope you will be at Crispers at three (down from Publix on 466). I would like to shake your hand.