JCMSr |
10-27-2021 02:49 PM |
The Villages - Understanding Your Restrictive Covenants
It seems as though a week does cannot go by that I read a comment/question on TOTV related to what can or cannot be done to one’s home here in The Villages. For those of you who are looking for answers to these types of questions I offer the following simple two word response that you can apply to just about any issue you can bring up ……….”It depends”. Can I paint my house pink with purple trim? It depends! Can I remove all my grass and concrete the entire area? It depends! Can I have 5 cats, 2 dogs and 2 sheep? It depends!
Each and every person or entity who owns a home within The Villages is legally bound to comply with a set of covenants, conditions and/or restrictions which are tied to your specific property. Depending upon your county of residence, your district and even your unit/house number the answer to your questions may be different. Guidelines for designer homes are different from patio homes or courtyard villas. A courtyard villa located in District 7 may have different rules than the same model villa located in District 10 and so on. Even if you are willing to state the location and type of home for which you are making an inquiry the chances of getting an accurate response from your fellow readers are probably less than 50% even from the best hearted of those that reply. Add to the mix the trolls who love to stir the pot with comments like “Do whatever you want. After all you are the one paying for the home” and the accuracy percentage is probably even less.
Why take a chance without first doing your homework. Just because your neighbor did something does not mean that it was in compliance. Just because your landscape contractor says you do not need ARC approval does not mean he is correct. More importantly understand that you as the property owner are the one required to sign any ARC request forms and you are ultimately responsible for making sure all work is done in compliance with any covenants, conditions or restrictions.
One simple phone call to Community Standards can put you in contact with a staff that can provide you with accurate, up to date (yes, sometimes the rules change) and helpful information. Are you 100% certain whether your property contains easements and how far they extend? How often have you read about someone deciding to remove all his grass and installing stone because they no longer wanted to keep cutting the grass only to end up paying someone to come back and remove the stone and install new sod? How about the poor folks who spent significant funds landscaping their property only to be told that the area was actually a special easement and everything must be removed? Guess who ended up footing the bill for all the rework? Certainly not the contractor and most certainly not your fellow TOTV followers! Many folks try to transfer the blame to the complainant when confronted with a violation and potential fines but I have never heard of the complainant having to pay to fix the problem either! Be smart and be safe. Understand the rules and save yourself the aggravation.
Now before the negative responses about the unfair reporting systems or the “I never agreed to any restrictions” group start to chime in think about these issues:
• Where is it written that we are a 55+ restricted community?
• Where is it written that we agree to pay amenity fees?
The answer is these issues are also part of your Declaration of Restrictions. Surely you read and understood those parts of the agreement. You cannot cherry pick the items you agree to and those you do not. It is an all or none. You live here so obviously somewhere along the line you signed a legal document that said you agreed to abide by these rules and regulations. Otherwise, you would not be the legal owner.
Just to be clear, I am not an attorney nor am I an employee of the developer. I am simply a fellow resident of The Villages and one of the main reasons I moved here is because I liked what I saw and how things were managed. Having lived in other areas where such rules and regulations did not exist and seeing the what can happen minus reasonable controls no longer agrees with me or my pocketbook. Do I agree 100% with everything? Of course not, but if it really bothered me that badly I also know there are proper ways to try and incorporate changes. Obviously, ignoring the current rules and regulations is not, in my opinion, an option.
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