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/)

Penguin 01-13-2012 11:52 PM

Quote:

Originally Posted by THE NEWCOMER (Post 440175)
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:

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.

Penguin 01-13-2012 11:54 PM

Quote:

Originally Posted by Jim 9922 (Post 440194)
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.

Very well said Jim. Thanks.

Larry Wilson 01-14-2012 12:00 AM

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.

graciegirl 01-14-2012 01:09 AM

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.

er9027 01-14-2012 01:27 AM

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!

CarolSells 01-14-2012 01:52 AM

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

Penguin 01-14-2012 09:25 AM

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:

RichieB 01-14-2012 09:34 AM

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.

graciegirl 01-14-2012 09:46 AM

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.

Larry Wilson 01-14-2012 09:49 AM

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.

angiefox10 01-14-2012 09:57 AM

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.

Larry Wilson 01-14-2012 10:01 AM

Excellent post Angiefox10.

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

graciegirl 01-14-2012 11:08 AM

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.

Carla B 01-14-2012 11:43 AM

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."

Oren L Miller 01-14-2012 11:47 AM

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.


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