Who's this Talk Host fellow? :undecided:

:1rotfl:

Hey - - - welcome back!

Bill :)

I Remember You :sing:

Thanks for starting this wonderful site. :)

They might have that right to forbid planting if it were a 'right of way' but an easement is different and it sounds like they pushed their authority some. I've got about 40 years experience in real estate and have a paralegal certificate along with some other experience in these areas.
I would carefully read the property restrictions on this issue. If it clearly says so, then OK, but their easement doesn't cover everything in your yard so there has to be a mentioned distance that you can't plant within. Most restrictions only allow them reasonable access and that could leave a lot of gray area for interpretation. The key issue would be how far from it can you plant around it.

This information notwithstanding, it is still a good idea to have some solid information before you plant. Our bushes were blocking their reasonable access, so they cut them down.

What's the LATEST on the TRANSFORMER?
 

The fourth reply by BILL-N-BRILLO gave you the planting requirements from SECO!

Penguin, sorry to hear about that.

Re: any plantings - Refer to the following parameters from SECO:

http://www.secoenergy.com/planting.html

Bill

Minimum of 3' on the sides and 10' in the front. Since Penguin only has 4' to the house I don't see how anything will work. What is the latest with the TRANSFORMER Penguin? When will they be moving the TRANSFORMER?

Hi everyone, first let me thank all of you who showed your support for me on this issue. I spoke with my sales rep today and she said that after speaking with her manager ( whoever that is ) that he said the map the electric company uses placed the transformer in the correct spot. My reply was that I was never made aware in any of the documents provided to me, that the transformer was to be placed there. She agreed but said the best that can be done is to move the door and concrete pad to the opposite side of the lanai. She also said that was suprised that someone let this issue get to this point without saying anything. In other words someone knew something was'nt right. She also said that from now on she was going to be very specific letting her future customers know everything about the lots they choose. Bothers me that it wil be at my expense. And now after reading the posts of not being able to plant around the transformer, I"m at my wits end. I'm really trying to remain calm and optomistic but there's got to be something that can be done, unfortunatly I dont know what it is. I'm sorry but I really feel like I've been misled and am very disappointed with The Villages in general. My sales rep did offer to pay for this herself, bless her heart, but I said that was'nt necessary. So I'm still thankful and hoping for the best.

I'm actually at a loss for words. IMHO, TV should have taken care of this for you in some way....not at your expense. Sorry to hear things haven't gone so good. You can only move on from here and enjoy what you have! Best of luck and thanks for keeping us posted.

Penguin, here's something to consider/check out:

I went back and looked more closely at the photo of the transformer in your original post. It looks as though, based on the positioning of the hinges on the top, the access door will be on the side of the box facing your lanai. Also, it appears as thought the box is mostly offset from being fully behind the lanai.......but not totally.

If SECO really sticks by their guns regarding the clearances they need for adequate access to the transformer (see post #4 of this thread - which shows 10 ft. minimum clearance to the pad), then they should have an issue with the placement.

Personally, I'd continue to pursue it further.

Bill :)

Can you spell LAWYER!
 

Penguin, you need legal representation that is looking out for YOUR interest. You got five working days before closing to straighten out this mess. No more MR. NICEGUY, get a LAWYER and get out of this situation. There is plenty more houses to be build in the VILLAGES. Someone on this WEBSITE needs to MANUP and help Penquin with a name of a LAWYER in the area. PENGUIN NEEDS YOUR HELP! :boxing2:

I feel sorry for Penguin. Unfortunately that box will always be there as a reminder of some of the not-too-perfect things that can go wrong in TV, and it will be there at resale time too; not the problem of the sales person or the developer.
It also demonstrates a strong reason to consider an existing home rather than being one of the first new ones on the block. In my opinion TV does a good job of hiding from a new buyer the closeness of the houses, intrusion of the utility boxes, rec center noises, etc. It seems to me that over the years the model centers are usually built around larger lots and cul-de-sacs with open lots sprinkled within for "parking", lots near rec centers are sold first before the tennis and pickleball courts startup (noise), and traffic in the parking lots becomes heavy, or the new house backs up to what becomes a heavily traveled street, utility boxes don't look that big in the wide open spaces, and the sewage treatment plant has not started to operate, etc, etc. Many of the spec houses built in a neighborhood are placed on staggered lots so there appears to be room on the sides and back when you are walking on empty lots. It is amazing how close 10 foot lot line setbacks become once you have neighbors on all sides and becomes even smaller when the neighbors plant big, tall, bushy privacy hedges along the lot lines or the neighbor's little dog starts yapping all the time.
I fully recognize the pros and cons of new vs resale, but it hurts to see many newbees rush into a three or four day decision without a whole lot of serious investigation, experience and vision. I am sure a goodly number of our Villagers' second purchases are to correct mistakes after they see what they should have seen the first time!
I have no problem with the fact that the sales people owe their employment, heart and well-being to the developer. Buyers must always keep that in mind. Sales people are judged on the volume and dollar amount of closings, live by their commissions and march to the developer's directions. They are here to put the developer's interests first, and if they don't they aren't here. That's capitalisim, Americanism, or whatever. I love it, it works and has given us a great place to live out our days, but the buyer should always be aware of the "home field" rules.

This seems like such a daunting task being in Chicago. I agree though, I need Perry Mason. OOPS I just dated myself. But thanks man.

Very well said Jim. Thanks.

Stop being such a nice guy!
 

Chicago has some great lawyers.
I agree you should fight.
At the very least don't pay for moving the door and the pad.
Good Luck.

Penguin.

You aren't here in TV? So you can't really measure whether your house is ten foot from the property line? And that the green box is on the property line? That is one issue.

The other issue is lawyering up. I am SURE that this can be resolved without handing over a LOT of dough to a lawyer. In other words, if you insist, the door of the lanai can be moved and I really, really don't think your sales rep would have to pay for it. If the plat map is correct, a lawyer isn't going to help if your home is ten foot from the line and the green box is on the line.

What might be resolved is that your house and the box is just where it was shown on your plat as a guess from my first paragraph..if you aren't here and you haven't measured.

Village Girl did say that when we choose a lot, AND the lot size is a choice, that a smaller lot crams all things into it.

I do not mean to be callous or unkind. I just think that I have seen very few things here to jump to the conclusion that your green box is misplaced. They fall all over themselves to do things right. I am in a position to know, I just built a house and I am surrounded by new house owners. We are amazed at how well this whole process has gone.

I hate for you to feel so bad and I hate to allow the negative people (who gleefully jump to bash the developer for whatever reason) to convince you that the developers are deceiving you. I just do NOT see it that way. I still think your house is ten foot from the property line and the box is sitting on the property line and it is a BIG BOX. Sad but expected on a small lot.

It makes me very sad that you are far away and cannot be here to resolve these things in person and to measure. Pictures are so deceiving as to true distance. I would say that the box itself is four foot square and your pad is four foot square. That makes the picture just about right to be ten foot from the line.

Angie Fox has the plat map and she told me she thought it might have been misplaced. This appears to be not the case.

Where are you? In Chicago?

I am so sorry you are so worried.

We paid a pretty big upcharge for our lot and the box is still danged close to our back door. They have to be on the line in the corner. Ours is in the corner of the lot in back. Bingo right out our back door. A necessary evil for underground utilities.

If you would like, my husband and I could go over tomorrow and measure it for you if you would like to PM where your lot is.

Hugs. Try not to worry. Everyone that I know is very satisfied with how things are done here. This is our second home here in four years.

All properties have an easement for utilities... YOU own the land but they have the right to put in cable , power, etc. I would suggest putting in a shrub, bush ,etc. NOW,,,understanding that if there ever is a problem with the cable, wire, etc. They have the right to come in and dig,,,AND pull out your shrub. I work for a phone company and i would try to work it out with the property owner...GOOD LUCK!

Penquin,
I'm not licensed in FL but I am a licensed Realtor in Georgia. Refer to your purchase and sale agreement and it should be Item #VII (the FARBAR contract site won't let me cut and paste) which addresses Restrictions, Easements, and Limitations. It says (my paraphrasing) that The Villages have to convey marketable title subject to land use plans, etc, etc, (quote)"and unplatted public utility easements of record (located contiguous to real property lines and not more than 10 ft. in width as to the rear or front line and 7 1/2 ft. in width as to the side lines"(unquote).

SECO
Standards for Electric Service
For Overhead, Underground and
Residential Subdivision Areas
April 2010 Edition
V. REQUIREMENTS FOR TRANSFORMERS SITUATED ON CUSTOMER PROPERTY
A. Padmounted Transformer Requirements
Complete requirements are contained in SECO specifications given to Customers for
individual projects. Typical pad mounted transformer requirements include, but are not
limited to the following:
The Customer Will: (In this case the developer/builder)
- provide a transformer pad location per SECO specifications. For residential dwelling
units, the transformer shall not be located closer than 15 feet from a door or window to
the habitable portion of the dwelling unit (to minimize noise problems).

- maintain access to SECO to padmounted equipment located on the Customer's
property (ten feet of clearance from the door side and three feet of clearance from other
sides from items such as fences, shrubs and other obstructions are to be maintained by
the Customer, as SECO will help plan the Customer's installations of fences, shrubs,
etc. near SECO facilities such that they will not obstruct access or cause damage to
SECO’s facilities. Where adequate access to SECO facilities is maintained, faster
service restoration is made possible in the event of a power interruption.)...

I don't think you told us the dimensions of your lot but Gracie's gracious offer to go measure is a great idea.

I hope that this was helpful and we all wish you well with this. Keep us posted.

Regards,

Carol

Hi Gracie. I hear what your saying and make good and valid points. Here is my question now. I looked at a drawing showing what distances you can plant around the box. It says no closer than 10 feet from the front, my house is 8 feet from the front of the box. Now what? I dont want to get a lawyer but I dont want to be complacent on this issue. This great country was'nt built on people just letting the big guys do what they want. I just want whats fair. My property is at 880 Fenwick Loop in the Village of Sanibel. That would be great if you guys drove by and gave me your opinion, That way I would have a very knowledgable and unbiased opinion. Maybe I could get a ton of people to meet there at my walk thru and all start chanting " MOVE THAT BOX':laugh:

This belongs in the Three Word Sentence thread (just kidding) - "Get a lawyer."

A lawyer local to TV, at the very least, can give you a legal opinion.

Penguin. Please remove your address from your post, just for safety sake.

Richie b. I forgot. Do you live here yet? Things look so different when you live here. Sometimes we bring old experiences to new situations.

When we brought a brand new dryer into our brand new house a couple months ago,the fellow knocked a sizable chunk of our front stoop off. I called warrenty and explained that it had nothing to do with how the house was built and it was our fault, we hired the guy, could they put us in touch with someone to fix it?
They fixed it right away, no questions asked. It is just a different experience here...I KEEP SAYING!!!!!

I will try to get over today Penguin.

I have heard of sales people having to pay out of their pocket. One is a case of a pre-owned home being trashed after it was sold. The salesperson had to bring it back to the original condition.

Sometimes a lawyer will write a letter on their letterhead for free. I'm concerned for your home and property value. I sure hope you didn't pay a great deal for that lot.

You are right to remain calm. I think everyone on this board is pulling for you. Its nice to see all the support.

Again, good luck.

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.

Excellent post Angiefox10.

Too bad you're not a lawyer as you make the case very clear.

Henry and I have returned from your property Penguin and your home is set 11' 2" from the lot line. It appears correct. The box is set on the lot line too and so are many that appear exactly the same down the line with other homes of your neighbors. So if you have a problem so do they. I think this is the way that it was supposed to be.

Your home is lovely. Inside and out, because we looked in. I love the neutral choices you have made, love your cabinets, love the exterior colors, love your HUGE garage! I can see you enjoying it so much. I have more pictures that I will email you if you will send your email address in a PM.

I tried to download the picture of your home and the other homes with the same boxes down the line but it didn't work.

If someone can get pictures to come up in posts here please send me a PM with your email and I will send these pictures so everyone can see that whatever has happened to Penguin is the same with the other cottages and their placement on their lots on his street.

If your home and box are correctly placed, I wouldn't worry about putting plants around it...just not expensive plants that can't be easily replaced, if and when SECO ever needs access. You can drive all over TV and see plants close up to the boxes.

I also would demand to have The Villages' send you a letter in writing stating that the box is correctly placed, along with the siteplan they have in their files for your unit and lot no. The lots in TV seem to be getting smaller and smaller in the "Final Phase."

Tragic mistake
 

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.

Did this work?

Nope. Sometimes I can download pictures into a post and sometimes not. I have made an album in all albums above called Penguins Castle. I believe all of my contacts can see it.

Oren. I don't think a mistake has been made. When you get here you will be able to see that it looks right. I think the box is in the right location. All of the homes are set back on their lots on that street and the back yards aren't big. It is what it is.

Angie just sent me the plat map and it does look like they all should be on the lots behind Penguins and his neighbors. That would be the public utility's responsibility wouldn't it? Seems like some digging and moving is in order.

I have made the album Penguins castle public in All albums above. Poor Penguin, he isn't here. I can only imagine how nervous he is. I feel so bad for his worrying and I am trying to think what we can do to help him resolve this. We could forward this whole thread to Janet Tutt...

Oren,
Another great post!

Never sign a closing until you are satisfied.
Once you close, I have heard of the Villages going back on promises. Happened with me many years ago. Some lights had not been installed in one bathroom. I finally got them but I did much work and time to get it done. I had it in writing too. Just one excuse after another. I wished I had not signed. We were put under pressure to sign as everything was set to go on closing date and we were told lights would be done but they weren't. An inspector found the missing lights as it looked fine from the outside.

Neighbor never did get the lights finished as they were older and just didn't want to fight. They could get by with what lights they did put in.

A large group of homes got new siding and roofs because they had been built wrong. I mean a large group including whole streets. I believe the POA helped with this.
For the third time-good luck!

http://i240.photobucket.com/albums/f...1710_A1A18.jpg

http://i240.photobucket.com/albums/f...1710_A1A1B.jpg

http://i240.photobucket.com/albums/f...1710_A1A19.jpg

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.

Very nice of Gracie and her husband to take those pix.

To me, they shed a different light on things.

Looks to me like many others are in the same boat as Penguin. :sad:

Not very big "back yards" are they ?

The transformers are on the wrong lots all the way down the street.

It won't affect every home on the block, a home unless the box is right in front of the lanai. In those cases, The Villages should be doing some sort of enhanced landscaping to around the lanais so the box is not so visible.

Personally, I wouldn't sign the contract until the problem was resolved. There are many ways to do this. I'm sure if they put their heads together, they can figure it out.

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.

Our green box doesn't straddle. Neither do they down our street or any street in our village or on the lot in Hadley, our old house. I think that the lot size is the factor here. My advice is to be sure that you get as much lot as you want. Many do NOTwant big lots to care for anymore. We are all getting older.

The above was quoted from Carol’s post #96. Gracie posted that it’s 11’ 2” from the house to the lot line and the transformer is inside the lot line. The access door appears to be facing the house. I don’t see how the location of this transformer conforms to either one of the SECO requirements listed above.

What am I missing?

(Good job on the photos and measurements Gracie)

Also, from reading these posts, it's my understanding that Penquin's original survey plat did not show a transformer on the property. Now, I agree...they have to go somewhere. But if I were choosing a lot to build on and I specifically chose a lot for it's lack of a transformer and then they put one there anyway...I too would be very upset.

According to the map, they do not straddle the lot line, but are instead on the lots in back of these lots.

Again, his Plat of Survey does not indicate any of these boxes giving him legal grounds.

Please pull out your surveys, you will see EVERYTHING that is on your lot with a legend explaining what everything on your survey is.

NONE of this is on his survey!

I would think they should of put the boxes between the houses.

Yes Gracie, it was very nice of you to take those pics.

Oren, you sound like a good lawyer. Everyone is giving good advice.

I've been on TOTV way too much today. Can you tell my golf and advanced volleyball was canceled because of the cold?

Its still a beautiful sunny day. Best to everyone.

The facts: look at the map for yourself
 

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.

:clap2::clap2: Hurray for Angie, Oren and CaptJohn. Good luck Penguin!

Yes, great sleuthing, the three of you! Just curious, since you have the subdivision survey, how many lots does this one transformer supply?

Will a title opinion reflect this error? On Monday I'd find a real estate lawyer in this area and get an opinion before going to closing.