Bird Sculptures in the Garden- Anyone Actually Know If Allowed
 

I see that about one out of every 10 houses here- 7,000 houses(?) has sculptures of Sandhill Cranes, or other birds in their gardens.

Is this allowed? Do you actually know one way or another? I'm asking because I recently 'heard' someone got dinged for having them. But what about the other 6999 houses?

No. I don't want to call TV- I don't want them even knowing what I thinking.

For many of The Villages houses, the deed restriction document does not allow "lawn ornaments". Lots of violations, but no enforcement unless someone files a complaint. It is a complaint driven system.

It depends on which CDD you live in. You haven't read them for your village?

There is no specific restriction for the bird statues, as noted above the restriction is generally for lawn ornaments DEPENDING on which CDD you are in, you need to read your specific restrictions. If you have these and someone complains you will get a visit from the ARC representative and will be told to remove them.

Those covenants that are not universally enforced by the CDD legally can't be selectively enforced on just those who get a complaints. Florida legal precedent (such as Hallmark of Hollywood Condominium Association Inc. v. Andrews, Case 2003-09-2380) says that if a covenant is not enforced evenly then it can't be enforced. A complaint does not change that. Lawn ornaments are either allowed or not allowed by the CDD. The CDD can give notice and start enforcing a covenant again, grandfathering old violations (Chattel Shipping and Investment Inc. v. Brickell Place Condominium Association Inc., 481 So.2d 29 (FLA. 3rd DCA 1986) but that is not the case in The Villages. If someone challenges the CDD and quotes the precedent the lawyers should stop enforcement since it will open up that CDD to legal action. The CDD has the responsibility to enforce all covenants and restrictions evenly. Waiting for a complaint is ignoring this responsibility. It puts the CDD at risk of losing the power to enforce a specific covenant (not all, just those selectively enforced), such as lawn ornaments. The CDD has a duty to all who sign the deed restrictions to enforce those restrictions.

Lawn ornaments? No! Garden ornaments? Uh????

Most folks won't care if they look nice. But, it only takes one complaint to prompt a visit.

You may be legally correct, but, if so, The Villages is totally ignoring your legal interpretation. Here is an excerpt from "districtgov.org":

"The Community Standards Deed Compliance Division is entirely complaint driven."

It is so easy to ask ARC whenever you want to do anything that I am surprised people skip that step (and then act hurt if there are repercussions).

Whether or not these 10% did we'll never know, but if you want one then check with ARC ahead of time.

Are you sure they're ornaments because sometimes the real things are so lifelike they look fake???:jester::jester::jester:

lawn ornaments are defined as man-made items (aka yard art) outside the footprint of a home. This includes statues and ornaments in a garden.

As others have said, it is a complaint driven system. I have seen lawn ornaments in MANY yards throughout the villages. If you encounter a homeowner who does not like your yard art, you will be forced to remove it. It doesn't seem to matter that thousands of other homes have lawn ornaments in their yards. YOU are the one who received a complaint.

What if I have a fish pond with gold fish swimming in it? Are the fish lawn ornaments?

What if I get tired of the birds eating the gold fish and put ceramic fish under the water? Are they lawn ornaments?

What if I drain the pond but leave the ceramic goldfish. Are they lawn ornaments?

What if I skip the pond altogether and have ceramic fish in my garden? Are these lawn ornaments?

Whew, this sounds like an exercise for Philosophy 101.

And what if a bird eats one of the ceramic fish, flies into a tree, chokes on the fish and dies, then falls to the ground. Does it make a sound if there is no one there to hear it?

This is fun!

Read your deed restrictions. Look for the words 'lawn ornaments'. Restrictions vary so you need to look at yours.

The sandhill crane ornaments in this part of the Villages are all over the place but appear to be made by the same company or maybe even person.

I think a nice flamboyance of Plastic Pink Flamingos looks so sophisticated around a front yard,.