Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Any Ideas On what to do (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/any-ideas-what-do-47121/)

champion6 01-14-2012 07:30 PM

Penguin, my wife and I looked at your situation this evening. It is imperative for me to tell you that a humming noise can be heard coming from the SECO box. It is noticeable while standing inside the lanai. It is not loud, but it can be heard.

Edit: Note -- I was typing my message while tpop1 was typing his message.

gerryann 01-14-2012 07:33 PM

Quote:

A good reason for buying a resale home is you know exactly what is there and what is around you. Combine that with other factors including a much lower bond or no bond at all, and a resale is usually a better deal than a new home.
This is true....BUT, some folks just want a new house..it didn't belong to anyone else, ever...No-one else used the sinks, or the stove, or the toilet and shower...no one else's germs. It might not always seem logical to everyone, but it is important to those that just plain want a NEW, unused home.

Happinow 01-14-2012 08:06 PM

Quote:

Originally Posted by gerryann (Post 440513)
This is true....BUT, some folks just want a new house..it didn't belong to anyone else, ever...No-one else used the sinks, or the stove, or the toilet and shower...no one else's germs. It might not always seem logical to everyone, but it is important to those that just plain want a NEW, unused home.

That's one of the reasons we bought new....our colors, our choices, our lot, and our germs!!

Pturner 01-14-2012 08:18 PM

Quote:

Originally Posted by angiefox10 (Post 440283)
The box is on the wrong property. The Villages says the utility company says it's placed correctly.

Here is the problem.... If it's wrong on his property, (and I believe it is) it will be placed wrong on ALL the properties on that street. This is a BIG OOPS! I am disappointing that someone isn't doing anything to correct this problem.

If I look at my Plat of Survey, the easement and the boxes are spelled out. No surprises! The OP says they do not show up on his Survey. Everything else does, but not the boxes. The reason they do not show up is because they aren't supposed to be there. It's as simple as that.

I don't know anything about moving boxes, and I would guess it would be a major project. But then, what about planting upgraded landscaping around the lanais of these properties so they have a tropical feel when they walk out there? I'll bet there are a lot of solutions to this problem. But the bottom line on this, is....

I am standing on my soapbox that there has been a mistake made and I am VERY disappointed in The Villages that they are not doing more to fix it.

I don't care about noise of tennis courts, roads, smells etc. Those are things that you can see or ask about. They are in the survey and if the wind blows the wrong way here, (Illinois) the smell might not be so good. But a box out the back door that WASN'T in the survey when you bought the property... NOPE! I stand with the OP on this.

I don't have suggestions as to his next steps... I just believe this is wrong.

Quote:

Originally Posted by Oren L Miller (Post 440316)
I believe a tragic mistake has been made here. I believe the box is in the wrong location. You are getting excellent advice from a lot of well wishers here on the forum. The best news is you haven't been to the closing yet. You need to determine what TV can do to appease you. 1. Do you want a new house and have them put you in a place to live until it is done? 2. Do you want the cost of the house reduced because the house resale value could be jeapordized by this problem? 3. Do you want some really nice landscaping done to the back or your lanai to reduce the "green box eyesore" and safety concern? I certainly hope you can collaborate your way into something that would appease you. Maybe it is a combination of reduced price and landscaping. I believe TV will do something to appease you. DO NOT sign the papers at closing until you are appeased. You may need to lawyer up on this but I think that is a last resort and is some money that can be saved right now. Is there something in the house that you wanted but didn't request? Maybe you can trade this problem for some new quartz or granite countertops. Do you want some new hardwood flooring? Don't sign the dotted lines until you are truly satisfied. At the walk through you need to use the simple term that this is not acceptable. Have your plat of survey with you and just tell them that this is not accep:cus:table.

Quote:

Originally Posted by CaptJohn (Post 440333)
I have also been a professional cartographer for over 30 years plotting real estate maps and have corrected thousands, yes thousands, of errors on maps done by others. I would demand a copy of the overall subdivision map showing the location for the transformer and also demand a copy of the SECo map as well as go to see a SECO manager. There could have been revisions or errors or who knows but you have a short window of opportunity to get to the bottom of this even if it means delaying the closing as that is your only leverage. Right now is probably your only chance to get anything done to your satisfaction. You have to take charge. The salespeople are not working for you. Good luck. Many of us care.

Quote:

Originally Posted by mikeod (Post 440351)
What is the financial risk in not closing? When we bought, we had to put a quick $2K to hold the house followed by 20% within a short time with the rest at closing. But ours was/is a spec home. If there are similar funds required in building your own here, are these funds at risk by not closing when TV specifies? If they are, I guess you have to determine whether the loss is worth it compared to the immediate concern as well as the probability of a reduced resale value.

In looking at the pictures, it appears that the utilities were placed in the wrong spot OR the homesites were not placed right. Every other neighborhood I've seen has the boxes straddle lot lines, not be placed entirely on one lot. I agree with CaptJohn that Penguin needs to see the plans from TV and SECO and compare with the plan seen when picking the lot.

Quote:

Originally Posted by CaptJohn (Post 440360)
Thanks to angiefox10's quick thinking, she emailed me the subdivision map and I have taken an image of the area in question and it clearly shows none of the boxes should be on Penquin's lot number 145 but the lots behind his (lot 147 for the X=transformer and lot 148 for the C=cable and T=telephone ). See for yourself.
Penguin, I'd get a Florida lawyer (not connected to TV) to
tell them to move the boxes and all related underground wires off my property before it closes. Looks as if they've made a huge mistake and need to take responsibility and do the right thing in your favor.

Penguin,
I agree with all of these posts. Because you do not have a lot of time before closing, I would contact an attorney right away. Have him/her write to and speak with Mrs. Parr, request the documents you need to prove any mistake or misrepresentation that was made to you on the platt, and demand a delay in closing pending satisfactory resolve.

No way would I close without competent representation to work on your behalf for a satisfactory resolution.

There are good attorney recommendations on other TOTV threads. If you don't see a good real estate attorney recommendation here, call a highly recommended attorney and ask for a referral.

Please stand up for your rights.

I am pulling for you for a happy resolution. If that means insisting on another lot, or getting upgrades and lanai moved at TV expense, or whatever, you should have a right to be buying the lot as represented when you chose it. Best wishes and keep us posted.

Love and hugs,
P

graciegirl 01-14-2012 08:39 PM

Quote:

Originally Posted by Penguin (Post 437677)
Yes Greg I looked at the platt of survey and it shows the utility box 11 feet from the dwelling.


First...before we get to the lawyering up. Penquin. Does your platt of survey show that your house sits 11 foot from the property line in the back or not???? Because it does sit 11 foot from the property line. I measured it myself. The green box sits in the corner on the property line.

The green box always sits on the corner on the property line.

Is your house in the right position, as you contracted? 11 feet from the property line?

Do the Morses own the utility company?

If it were me, I, me, myself, would talk to the utility company and email, fax or scan them the map that Angie has with the utility placement. With copies to Jennifer Parr. Janet Tutt and the pope.

Carla B 01-14-2012 08:47 PM

I pulled out the plat that The Villages made us on sign off on prior to the construction of our house. The plat showed Telephone and Cable on our lot, transformer on the adjoining lot. That is the way it was built. If you built new, are these installationos shown on your lot (or not) and did you sign off on them?

Whalen 01-14-2012 10:53 PM

Quote:

Originally Posted by graciegirl (Post 440494)
Here is what I think prospective buyers need to gain from this. The smaller homes have smaller lots. Even some Designers have smaller lots. You can't get ten pounds of... um coffee in a five pound bag. If you have a house ten or eleven foot from the property line than your chances are pretty good to have one of those big green monsters out there danged close humming right next to your ear (I have never heard ours hum, but hey, I want to be part of the fun). I say if you have any doubts at all, rather than ending up bitter and disgruntled as some of our posters ALWAYS are, than don't build here. Orlando is nice.

Even if they move that thing on the other lot ten or eleven foot from the property line is close and I think I remember Penguin saying that was the case, his house was supposed to be ten feet from the property line and he knew that going in and one of you saying the picture showed it was NO TEN FEET, it was closer. Well it was eleven...

:spoken:

I am going to go join Larry doing something else.



The size of one's lot is not the issue here. The utility box is on the wrong lot.

Prospective buyers, do not worry, these types of of mix ups are few and far between.
There is no need to look in Orlando.

dusty4001 01-14-2012 11:53 PM

No the utilities were not on the plat servey we signed. We saw the lot when we purchesed it in November and the utilities were not in yet. We did not want all the lawn work that comes with a larger lot . By the way this is Penguines girlfriend. All I said when I saw the construction pictures they sent us was "dosent that thing look a little close " and here we are 15 pages of post later. Thank all of you for you help and support.

Villageshooter 01-15-2012 01:35 AM

3words4u
 
GEt a lawyer!!!!!!
3 more words..........do not close!!
You must get this settled before you close, ur sales rep cares about one thing in the end......u closing so he gets his check... He does not represent ur best interest....he represents his billfold...you are going to get another huge junction box where those 3 cables are. Yes the electric transformer will have a constant hum and will put out additional heat during the summer when it is under a large load. After working for a electric utility fo 30 years I can tell you can forget about listening to am radio in the room near that transformer! Are you aware transformers leak oil? Or worse yet explode! I would never consider this lot. If you are forced to accept this shoddy workmanship, the best thing you can do is constantly keep the area very very wet, this will cause the case ground to keep a good bond with the earth to alivate the attraction of lightning strikes. Yes you are taking on a potienal huge headache! Good luck you are going to need it!

angiefox10 01-15-2012 08:02 AM

Quote:

Originally Posted by dusty4001 (Post 440608)
No the utilities were not on the plat servey we signed. We saw the lot when we purchesed it in November and the utilities were not in yet. We did not want all the lawn work that comes with a larger lot . By the way this is Penguines girlfriend. All I said when I saw the construction pictures they sent us was "dosent that thing look a little close " and here we are 15 pages of post later. Thank all of you for you help and support.

If it's not on the Plat.... It shouldn't be on the property. It doesn't matter if it's 50' away. It shouldn't be on the property.

Pturner 01-15-2012 11:48 AM

Quote:

Originally Posted by angiefox10 (Post 440639)
If it's not on the Plat.... It shouldn't be on the property. It doesn't matter if it's 50' away. It shouldn't be on the property.

It seem that straightforward to me, too. It is not a question of who is at fault, the developer or the utility. That is of no concern to Penguin. Nor has Penguin expressed any concern that his house is 11 feet from the property line, as was represented to him and he agreed to.

His concern is that he didn't chose the small lot with the utility box. He chose one without it. If the box is 12 feet from his house on an adjacent lot, that's not the same as three feet from the house on his lot.

Close and the box stays, it doesn't matter whose fault it is. If Penguin does not want the lot with the misplaced box, he should not have to buy it.

I guess I am not understanding why it is any more complicated than that?

CaptJohn 01-15-2012 11:58 AM

Injecting a smile
 
Here is the good news: :laugh: He can plant as close to it as he wants and they can't legally cut down his bushes because they don't have an easement to it!
:evil6: :1rotfl: :clap2: :pepper2:

janmcn 01-15-2012 12:54 PM

What are the chances a resident would be allowed to build an addition that was closer than ten feet from a transformer? TV would be screaming the loudest and all permits would be turned down.

angiefox10 01-15-2012 12:58 PM

Quote:

Originally Posted by janmcn (Post 440767)
What are the chances a resident would be allowed to build an addition that was closer than ten feet from a transformer? TV would be screaming the loudest and all permits would be turned down.


Gracie went out and measured the box from the house and while it appears to be less then 10' to the house, it's actually more the 10'.

The issue is that it's right out his lanai door and wasn't reflected on the Plat of Survey so he didn't know about it until the house was built. It appears these boxes should be in the lots behind these lots. :ohdear:

Penguin 01-15-2012 02:24 PM

Quote:

Originally Posted by Pturner (Post 440734)
It seem that straightforward to me, too. It is not a question of who is at fault, the developer or the utility. That is of no concern to Penguin. Nor has Penguin expressed any concern that his house is 11 feet from the property line, as was represented to him and he agreed to.

His concern is that he didn't chose the small lot with the utility box. He chose one without it. If the box is 12 feet from his house on an adjacent lot, that's not the same as three feet from the house on his lot.

Close and the box stays, it doesn't matter whose fault it is. If Penguin does not want the lot with the misplaced box, he should not have to buy it.

I guess I am not understanding why it is any more complicated than that?

WOW, first let me say thankyou to all of you for all your support and help in resolving this issue. Thanks Gracie for taking your personal time to go out to my house and showing a better prospective on what is going on. Thanks also to Angie for taking a personal interest in this on my behalf. Pturner, you took the words right out of my mouth. Bottom line is someone made a big mistake and this whole transaction is not what I agreed to. Thats it, and the parties involved need to do the right thing and correct the mistake. As someone has mentioned in a previous post, I have tried to be somewhat nice, but now the Italian in me is starting to surface:) I think I've deceided play a little hardball and challenge this. With all the info you all have provided and some more facts I hope to uncover I intend to fight for whats right. I really want a resolution on this for it is not my intention to cause trouble. I just want to retire in the Villages and party with all you terrific people.


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