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.