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-   -   Landscape Noncompliance (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/landscape-noncompliance-329124/)

EatthMama 02-11-2022 01:38 PM

Landscape Noncompliance
 
My neighbor’s landscaping plan was approved based on her lying to the Architectural Committee (ARC). It is well over my property line. I have been trying to resolve this since July 2021 with a complaint. ARC approved her on Jan 3, without notifying me of a hearing taking place. I am getting ZERO response from ARC now. This is a really black and white situation. What should I do now? TIA

retiredguy123 02-11-2022 01:46 PM

Why not just remove whatever you don't like from your property? I would read your deed restriction document carefully. My deed restriction document allows landscaping to occur up to the property line, and, in some cases, a 12 inch construction encroachment is also allowed. If the landscaping includes a structure, it must comply with a 5 foot setback distance from the property line.

Dana1963 02-11-2022 01:52 PM

Aren't these postage stamp lots great? Someone once said strong fences make good neighbors. Oh, fences aren't allowed here either.
Just a suggestion get a property survey.

DAVES 02-11-2022 02:57 PM

Quote:

Originally Posted by EatthMama (Post 2060066)
My neighbor’s landscaping plan was approved based on her lying to the Architectural Committee (ARC). It is well over my property line. I have been trying to resolve this since July 2021 with a complaint. ARC approved her on Jan 3, without notifying me of a hearing taking place. I am getting ZERO response from ARC now. This is a really black and white situation. What should I do now? TIA

Perhaps, like Ann Landers, I offer a suggestion, if it goes wrong you suffer the damages.
I would first get a copy of your survey. If, you do not have it, it is easy enough to get a duplicate. I would try to set up an appointment with the ARC. If, they do not give you such an appointment I would simply stop off. It is far easier to ignore a phone call then someone POLITE.Y insisting on talking to you.

Phone is easy. A letter return receipt takes more time and costs a few bucks but it is legal proof.

Papa_lecki 02-11-2022 03:24 PM

You can be reasonable and work the system, which it sounds like you’ve been trying.
OR you can accidentally water the plantings with vinegar or bleach at 3AM for a week.

villagetinker 02-11-2022 04:21 PM

I have found the layout and plot plans for villas to be VERY confusing. Without knowing the specific details of your situation, I would suggest the following. First get your plot (plat) plan from the Sumter(?) country building department. Then you can get a copy of the "approved" ARC document, these are public record, and you just need the address to search. Review these 2 documents to confirm if the ARC approval was incorrect, and if so, then you have grounds to the meeting and contest the approval and have the landscaping removed. If on the other hand there was a misunderstanding on your part of the property lines, then make peace with your neighbor.

DAVES 02-11-2022 05:44 PM

Quote:

Originally Posted by Papa_lecki (Post 2060089)
You can be reasonable and work the system, which it sounds like you’ve been trying.
OR you can accidentally water the plantings with vinegar or bleach at 3AM for a week.

We get only one side to every story. As we know there are usually two sides to every dispute. Suggestion, might well get you an orange jump suit.

davem4616 02-11-2022 06:01 PM

The ARC is a committee...not an arbitrator...and I would guess, IMHO, that you're not hearing from them because they don't wanna touch this with a 10 foot pole

so...play it smart

hire a surveyor, get a stake survey so you know exactly where the line is (maybe that alone will cause the neighbor to change things)....

read your deed...talk to your neighbor, if they are in the wrong and won't do anything about it, you don't really have anything to lose with that neighbor at that point, so call a lawyer

if you call a lawyer and go forward....inform the rest of your neighbors why you felt you needed to go down that path

good luck...dealing with a lousy neighbor is a true pain in the butt

vintageogauge 02-11-2022 06:38 PM

The survey stakes are generally in the ground when the irrigation heads are installed, the 2 corner heads should at least give you at least a pretty good idea as to where your boundary is. I know in my villa they put them right on the line. In our home the line goes right between ours and our neighbors heads as it's not a villa.

Mortal1 02-11-2022 06:46 PM

I would ignore this advice...
 
Quote:

Originally Posted by Papa_lecki (Post 2060089)
You can be reasonable and work the system, which it sounds like you’ve been trying.
OR you can accidentally water the plantings with vinegar or bleach at 3AM for a week.

as it places the person who does as guilty of destruction of property and is illegal. It is a strange mind that thinks two wrongs make a right.

Arctic Fox 02-11-2022 08:10 PM

Quote:

Originally Posted by EatthMama (Post 2060066)
My neighbor’s landscaping plan was approved based on her lying to the Architectural Committee (ARC). It is well over my property line. I have been trying to resolve this since July 2021 with a complaint. ARC approved her on Jan 3, without notifying me of a hearing taking place. I am getting ZERO response from ARC now. This is a really black and white situation. What should I do now? TIA

Is your neighbor even aware that there is a problem? If the only party with which you have taken this up is the ARC, and they are doing nothing, then she may not even know.

andercat 02-11-2022 09:32 PM

Some folks cheat
 
Are you sure the ARC approved plan what was the plan that was actually constructed. Our neighbors got ARC approval for a bird cage and then changed the plans before seeking approval from Sumter County. Sumter just rubber stamped the plans because they assumed that if ARC gave their approval it must be fine. They did not check to see that our neighbors changed the plan in between ARC and county approvals. When we contacted code compliance they said the could do nothing until the bird cage was finished and then they would measure it. Well it was finished and they came and measured it and it was noncompliant. Our neighbors were forced to rebuild the bird cage. Seemed a dumb way to handle the problem. They could have fixed it before they went to all the trouble of building it and then tearing it down and rebuilding. Our neighbors never got in any trouble. They were mad at us for catching them cheating.

Ptmckiou 02-12-2022 07:14 AM

Contact Code Compliance office, not ARC.

defrey12 02-12-2022 07:15 AM

Plants are usually pretty, aren’t they? Did you talk to your neighbor? Are they even aware of their grave offense? How do you know they lied? Will the root structure of offending plant(s) cause any damage to your property? If not , enjoy the flora and fauna that is Florida. The grand scheme of life, is this really that big of a deal? Your neighbor planted something that you, too, get to to enjoy. Maybe you might thank them? Just a thought.

retiredguy123 02-12-2022 07:36 AM

Quote:

Originally Posted by Ptmckiou (Post 2060202)
Contact Code Compliance office, not ARC.

I agree, but I think you mean the Deed Compliance Division, which is part of the Community Standards Department, 352-751-3912.


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