Landscaping compliance
 

My son and daughter-in-law bought a patio villa 2 months ago in Buttonwood that they will rent, and visit when not occupied. The home was purchased through The Villages Realty. It is nicely landscaped with stone and shrubs, without any grass. It is my understanding that it has been this way for several years. They got a call from the Villages this morning, telling them that there had been a complaint (anonymously) against there home and another couple of neighbors that have the same landscaping. The representative searched the records, and couldn't find a permit for the work done. She said they could file a request to keep it as is, without any guarantee. Does anyone know if they are liable for any new landscaping to bring it into compliance if necessary? Will they have any recourse, and if so, against whom? Just doesn't seem right. I realize some might say they should have checked, but how many people check for landscaping compliance when buying a home here, especially when being sold by the Villages?

I agree that it is not right because landscaping enforcement is nowhere near consistent within The Villages. I would file the request to leave it as is, and include at least 20 or 30 photos of other non-conforming landscaped houses. They will be very easy to find. If they don't approve your request, you can always file your own complaints against other property owners. Apparently, that is the way the system works.

Here are the answers.

Yes, they are responsible for bringing their property into compliance.

Applying to keep as is will likely not succeed since they are applying for something that is not allowed.

No recourse. Unfortunately the previous owner did not follow procedure and performed work that was not approved. This is not the first time that a violation was inherited (I am one).

And finally. Nobody. Nobody checks because nobody thinks to.

I live on a street with courtyard villas. About half of them have had all grass removed. This may be legal in a courtyard villa, but I am certain that almost no one every got a permit as required, and there are more than 50 illegal lawn ornaments. Not a good system for landscape enforcement.

Tell them ỳou will grow corn and potatoes if they do not aprove the retro permission!

What would be the benefit of reporting other non conformities?

Because there is a legal concept that you need to be consistent when enforcing rules and covenants. I don't think that only enforcing violations that are reported to you is being consistent. I think The Villages has an obligation to enforce their rules in a manner that treats eveyone equally, especially when they know that there are multiple violations all over The Villages. Many homeowners and condo associations have learned this lesson the hard way by losing lawsuits.

You might be able to go to small claims court or hire and attorney and sue the company who sold you the property if the sales agreement says no violations.
Be interest if anyone thinks title insurance might help as the claim is against the propery.

That's funny!

Title insurance
 

I was going to suggest Title Insurance as well. That is why you buy it to take care of situations such as this. I'd try to get retroactive permission and if that doesn't work then title insurance should cover it. The title insurance company is suppose to do a thorough check on property to make sure everything is legal. If they didn't investigation the permits for landscaping that is on them.

Title insurance covers liens, encumbrances, or defects in the title. It has nothing to do with this situation.

I agree. I don't think title insurance will help.

I don't think that concept applies here, the determination of compliance is left to the residents. Your neighbors impact your home's value and if you believe they are doing something that has a negative impact and is out of compliance you should report it. If out of compliance they will be treated equally as all other out of compliant properties. Before we moved here we investigated all the covenants and the processes. We knew about ARC, we knew about the set backs and the risks for infringement and we knew about the complaint system. If your neighbors are happy with what you do then there will be no issues regardless on what you do....until they try to sell.

And it would probably work.

I would never live somewhere that I had so many comlaints about.

This is what happens when neighbors do not report violations of the deed restrictions in a timely manner. Neighborhoods change and all it takes is one future resident to complain about something that was done many years prior without the new owners knowledge at all. Inevitably, what happens is others in the neighborhood copycat each other when they see something and they think it is OK to do. Tell your son good luck but they will probably find it against the rules and he will have to remedy the situation out of his own pocket.

I know the landscaping design my neighbors submitted to ARC was not going to be the final design, it was just a design submitted for approval.. No one from ARC does a follow up on the design and also landscapers should be held accountable for cost of unauthorized landscape.

Did they tell them what exactly is out of compliance? Many many villas have removed all grass and replaced with stone so there must be something more. If they do not know the exact issue they should ask before they do anything. When they do apply for approval they should include that they bought it that way and they have not made any changes to date.

I'm not clear on what was out of compliance?

How do you learn about the landscaping requirements for the new communities still under construction? The builder landscaping looks super low cost ;-)

I'll be interested to comply with the Florida low water guidelines.

True many villas have no grass and have installed stone; however, those homes are likely out of compliance. At least 70% of the villas in our are have removed grass and have stone. It is prohibited in our restrictions. While it looks nice, they are out of compliance.

Since I have lived here over 15 years now, it has been eye opening to observe the HUGE differences in "who" is "allowed" to do "what". Guess it depends on WHO you are ! There are different "rules" in different villages of course, some people have their fountains "disabled" by the village watch dogs in the white trucks, others have had these "gentlemen" actually come onto their property AFTER dusk to remove small statues and in one case a small cross a neighbor put in a very discrete location in a landscaped area. I understand these things happen due to "the people of America's friendliest hometown", calling and complaining about each other. Such a sorry state as the couple above, who like my sister-in-law and hubby, bought a downright beautiful home from TV's with lovely expensive landscaping, only to find out a few months later NO ONE, not a single person involved from the villages, the bank, the attorney involved, not a sole told them or checked FOR them on their behalf, that the landscaping was not in compliance as it extended 2" over the legal line. WHERE are, or WHAT do, you pay for title insurance for, for nothing ? Now most recently I noticed, that although a friend who wanted to sell her villa to build a new home in Brownwood, was told she must remove the for sale sign immediately (also delivered by the little white truck "watch" man) or else..... the or else was not explained. Six doors away there was, and still is, a huge sign posted right on the garage door, the difference ? Well, apparently Re-Max, and especially one person in Re-Max has special privileges from the Villages. Today I was driving in the village of Bonnybrook, sure enough, this same special person from Re-Max has a large (forbidden) sign on the garage of a designer home. So, did I race back to my village to call and report this ? NO WAY, unlike a few people, I have better things to do with my life and my time than see how many people get by with things the rest of us never could. Resentful, LOL, may sound like it but I honestly think it's a kind of funny/sad. Hope the people's children described above DO get to keep their nicely done landscaping, it's probably part of the reason they bought the place !

Such a nasty surprise for new buyers.

It would be nice if Villages agents informed prospective buyers that [X] is out of compliance; then at least the buyers would know to check if permissions had been granted. IMO, it verges on unethical not to do so.

At the very least, agents should as a matter of course point buyers to the appropriate online deed restrictions so they can review them and make fully informed decisions.

The parts highlighted above are not correct. Village Watch people do not come onto your property at any time of the day to remove anything and most certainly do not say "or else" to anything. They also do not report items out of deed compliance. The sign on the lawn was out of compliance but a sign in a window is allowed. ReMax has no pass.

Well, that's quite a rant. I hope that you feel better now and are able to enjoy day.

The specifics of what you can do are in the covenants you sign when you buy. They are also posted here though for a newer are it might be a while to get posted. The covenants tell you when you can water. Some times when rain is low there are further restrictions on watering. A lot, I think most, of The Villages, is watered with reclaimed or collected rainwater. If you use to much water you will get a notice.

Village Community Development Districts

What about homes on MLS and FSBO?

Title insurance
 

Found this on the internet. You know if it's on the internet it has to be true.

Contact your Title Insurance Company. Potentially the HOA was supposed to disclose any dues not yet paid and any items which were prior issues before the sale of the home which could affect the title of the property at that time. I remember a number of years ago on this site someone had bought a home which had the driveway added to in violation of the CCR's and the HOA after they purchased went after new owner. I told them to contact their Title Insurance Company ... and their Title Insurance went after the HOA. You are essentially supposed to get a clean title with no encumbrances not disclosed and then move forward. If the HOA did not disclose ... that potentially is their responsibility.

Job One is to file that request and wait to see what they say.

Get those neighbors who have also been reported to file a request as well.

There have been changes over the years as to what is and what isn't allowed, with more flexibility as to how your plot can look, so ARC may well decide that it will only be a matter of time before one such as your son's, and their neighbors, is allowed anyway and decide not to pursue.

We don't have an HOA.

I live in Tall Trees and, for awhile, there has been a house for sale with a BIG Re-Max for sale sign on the garage door of a designer. It is now gone as I assume the house has sold or someone reported the sign, but I did not see any sign in the window. Personally, it did not bother me. I would rather see that than a sign in the yard.

But we do have rules and someone enforces these rules it might not be called a HOA but it acts like one.

I believe that even many of the Realtor signs in the windows are in violation because they are supposed to be no more than 12 inches by 12 inches.

Compliance is 'complaint driven'. That means that Community Standards does not police the homes looking for violations. No complaint was turned in when the home was owned by the previous owner. It seems to me that it would be unlikely that you would win an argument that says that they should have informed the buyer of a violation. And now that I'm thinking about it, this may one reasons for the complaint driven system that we have.

My opinion
 

Not sure why you would ask here. To say poster number xxx agrees with me is meaningless. You said they purchased a resale through the villages. I would take it up with them.

As to no permit filed for landscaping sadly that is not at all unusual. My neighbor had some work done. We discussed it nicely. He agreed to move the cement work into compliance.
His guy came over cursing etc. Telling me he isa professional etc. I told him I was going to call compliance and if he is right it will stay. They came over. They were very nice. They discovered that the professional had not as required filed a plan.
They told him he was in violation and told my neighbor not to pay him till it was corrected and approved. Aside, my neighbor somehow found out that this guy he hired was arrested for ?????

Moral is beware of who you hire for anything.

Anonymous Complaint System
 

Some day in the future after most of us are on the other side of the grass the anonymous complaint system will be abolished. That will make all of the former teachers pet class monitors sad, and most likely follow the law of unintended consequences. in the meantime, were I ever notified of a violation by the current process, I would do what retired guy intimated: I would notify the code enforcement (or covenant enforcement of every similar violation that I could find withing 3 or 5 miles (or until i got exhausted), and then wait to fix my violation until I saw noticeable compliance with the rest of the violators.. WHY ? Because unless you create a stir and a fuss with the municipalities / CDDs and increase their workload, you have ZERO chance of changing the current process or selective enforcement. Is it Tit for Tat ? Yes .. We all have violated Groucho's rule of "never joining a club that would have me as a member" .. so here we are.

IMO realty company “ especially Villages realty should be libel for selling house out of compliance. IMO in HOA no houses should be sold if not in compliance with all restrictions and permits. You pay realtors to do job, researching property up to code and compliance IMO part of the job and not just listing and hanging sign.

No the buyers should of been informed period

Should of been enforced before new buyer got stuck, how hard can it be for real state company to inspect property and find if any permits was pulled for the work. But, all sudden after the sale crap pops ups. Isn’t that what pay title search for? IMO the new buyer shouldn’t be libel, the HOA, realtor, and previous home owner if it was done while owned the home.

Are Seller's Disclosures required in FL?

Typically there are question(s) related to if work was done with out the required permits/approvals.

Since previous owners did the work, how would a new buyer even realize there was a possibility of a violation? This is really sad, but I’ve heard of it happening before.

If the buyer understood ARC requirements/rules, perhaps they’d check records; but how many new buyers would even think there could be an irregularity or know about ARC? I wouldn’t have as a new potential resident. Very unfair and sad for the new owner.

And—no—it’s not the responsibility of the realtor. It’s beyond their scope.