[downeaster]

I recently decided to construct a raised planting bed using landscape blocks. I presented the plan to The Architectural Review Committee. The Committee denied my request because it extended 3' into an easement I didn't know existed. It seems there are 12' between me and my neighbor and 10' of that is easement. They suggested just moving so there was no encroachment. I agreed and the project was approved (and almost completed).
I have since noticed there are numerous homes with construction extending well beyond a possible easement.
I have talked to a lot of my friends about this and none knew of any easements between homes. So I thought a "heads up" here was in order.
My advice is do not construct or plant without ARC approval. The process is pretty straight forward.

[yabbadu]

Originally Posted by downeaster

I recently decided to construct a raised planting bed using landscape blocks. I presented the plan to The Architectural Review Committee. The Committee denied my request because it extended 3' into an easement I didn't know existed. It seems there are 12' between me and my neighbor and 10' of that is easement. They suggested just moving so there was no encroachment. I agreed and the project was approved (and almost completed).
I have since noticed there are numerous homes with construction extending well beyond a possible easement.
I have talked to a lot of my friends about this and none knew of any easements between homes. So I thought a "heads up" here was in order.
My advice is do not construct or plant without ARC approval. The process is pretty straight forward.

I followed the guidelines and happy I did. My new neighbor behind me has not and I have yet to decide what my next step will be. They installed plants/mulch right up to their property line because their landscaper said it was OK. They did NOT take out the permit!

[Villager Joyce]

Originally Posted by yabbadu

I followed the guidelines and happy I did. My new neighbor behind me has not and I have yet to decide what my next step will be. They installed plants/mulch right up to their property line because their landscaper said it was OK. They did NOT take out the permit!

A friend said there is a difference between hardscape and softscape. IMO mulch and plants are softscape; raised beds are hardscape. I would need to feel I was harmed, really harmed, before I took any action, including broaching the subject with the neighbor.

[rubicon]

ARC Deed Restriction Compliance was one of the major factors for relocating to The Villages. I hope they never back off for all of our protections. We all have seen what happens to a town with adequate zoning rules that are enforced

[Warren Kiefer]

Originally Posted by downeaster

I recently decided to construct a raised planting bed using landscape blocks. I presented the plan to The Architectural Review Committee. The Committee denied my request because it extended 3' into an easement I didn't know existed. It seems there are 12' between me and my neighbor and 10' of that is easement. They suggested just moving so there was no encroachment. I agreed and the project was approved (and almost completed).
I have since noticed there are numerous homes with construction extending well beyond a possible easement.
I have talked to a lot of my friends about this and none knew of any easements between homes. So I thought a "heads up" here was in order.
My advice is do not construct or plant without ARC approval. The process is pretty straight forward.

Sadly, the ARC is more of a paper lion than anything. if you study the covenants you will discover there are practically no specifics other than unattached buildings or roof top antennas. We fought an issue for nearly a year and the final decision not in our favor was the wording "aesthetically pleasing". ARC defined this to mean " beauty is in the eye of the beholder".. Further defined as what is ugly to one person might be beautiful to another.
Our entire neighborhood found that ARC basically has no power to deny anything. If it is not specifically noted in the covenants, you have ne recourse.

[Villager Joyce]

Inconsistency is what I find so frustrating. Not long ago there was a threat that went on for days because a person reported everyone with a yard gnome or whatever. It was reported here that each offending homeowner got a letter advising them to fix the violation. It is being reported in this thread that ARC has no power. Which is right?

[Polar Bear]

Architectural restrictions are often subjective and enforcement may be iffy. But if there is an encroachment into an easement, that is a different situation. The easement is in favor of a body or bodies (utility companies, etc.), legally binding, and are very enforceable.

And it is not in a party's best interest to build anything (hard or soft, but especially hard) into an easement. Worst case it could encumber the home when it is time to sell.

[njbchbum]

Originally Posted by Villager Joyce

Inconsistency is what I find so frustrating. Not long ago there was a threat that went on for days because a person reported everyone with a yard gnome or whatever. It was reported here that each offending homeowner got a letter advising them to fix the violation. It is being reported in this thread that ARC has no power. Which is right?

ARC does have authority over any project presented to it.

Violations of deed restrictions must be reported by the offended and that outcome determined by the other part of Deed Compliance Division.

[redwitch]

Originally Posted by Polar Bear

Architectural restrictions are often subjective and enforcement may be iffy. But if there is an encroachment into an easement, that is a different situation. The easement is in favor of a body or bodies (utility companies, etc.), legally binding, and are very enforceable.

And it is not in a party's best interest to build anything (hard or soft, but especially hard) into an easement. Worst case it could encumber the home when it is time to sell.

And here I thought the worst that could happen would be tree and bush roots becoming entangled with whatever is under the easement. I never even considered the encumbrance issues and the joys of having to remove fully grown plants.

[graciegirl]

Originally Posted by Villager Joyce

Inconsistency is what I find so frustrating. Not long ago there was a threat that went on for days because a person reported everyone with a yard gnome or whatever. It was reported here that each offending homeowner got a letter advising them to fix the violation. It is being reported in this thread that ARC has no power. Which is right?

Joyce, I think there was a big brouhaha a few weeks back because one single person drove around and made dozens of complaints by email.


There have been folks who built something tangible without permission and it extended into the no-no zone and it had to be removed, I remember reading that on this forum when we first moved here.. If you have a yard gnome that isn't under the eaves and it is reported, you need to tuck that guy under the eaves or put him in the back or you will get a fine if he is reported.


There has been a good deal of reporting and the yards are pretty much uncluttered south of 466 and south of 466A near Morse. I see a lot more "stuff" in people's yards near Lake Deaton when we go to visit friends. If someone reports them, they will be notified and if they don't comply they will be fined.


I know this because a close neighbor in our first neighborhood here had a BUNCH of yard stuff and she was very vocal about the process.

[queasy27]

A friend said there is a difference between hardscape and softscape. IMO mulch and plants are softscape; raised beds are hardscape.

In addition to possible encumbrances during a sale, if easement access is ever needed/enforced, those nice softscape plants could be goners.

downeaster, what are you putting in your raised beds? Edibles?

[JoMar]

We just received our ARC approval today from out landscaper for the landscaping we are doing next month. It does extend into the easement on the side of the house and we are aware that if a utility needs to get in there they can dig it up. Our project will involve hardscape and softscape but we were willing to take the risk. My understanding is if the Community Standards questions and you have ARC approval Community Standards will back off. Without ARC approval Community Standards will enforce through notifications, fines and eventually escalating liens. They are trying to keep our neighborhoods consistent and we all know what lawn ornaments can bring. Your'r might be tasteful but others may figure that if you can have them so can they then the flamingo's start to show up, or the 5' statues. What's nice is we enforce our own neighborhoods for the most part. Because of the density, what our neighbors do impacts us, both in aesthetics and value. Also, if you want to make a complaint, call it in, don't email.

[downeaster]

Originally Posted by Polar Bear

Architectural restrictions are often subjective and enforcement may be iffy. But if there is an encroachment into an easement, that is a different situation. The easement is in favor of a body or bodies (utility companies, etc.), legally binding, and are very enforceable.

And it is not in a party's best interest to build anything (hard or soft, but especially hard) into an easement. Worst case it could encumber the home when it is time to sell.

Good point.

BTW, the easements are not only for utilities. They are also for drainage. There have been subdivisions built in the past with little or no regard for drainage and they later paid the price. Deltona is an example.

The Developer has done a great job in controlling flooding.

[rjm1cc]

You want to find the plot plan for your area. That should show the easements. Try the county building office if the builders sales office does not have a copy. I know in my loop I share a 5 foot easement with the neighbor on my left but none on the right. Most of the houses on the loop do not have and easement between houses. I can plant in the easement but the HOA does not have to repair any of my planting if they need to use the easement.
Your plot plan that you got at settlement should show your easements.

[Polar Bear]

Originally Posted by rjm1cc

...Most of the houses on the loop do not have and easement between houses...

Could be, but would be fairly unusual if so. There are usually at least drainage easements between houses, where the rainfall runs between homes either to the street or to drainage swales to the rear.

Best be certain.