[JustSomeGuy]

Florida law under the section 190 (190 creates CDD's) referenced above give the CDD's the option to pass a rule giving them the powers of an HOA. 190.012 Special powers; public improvements and community facilities (4)(a) To adopt rules necessary for the district to enforce certain deed restrictions pertaining to the use and operation of real property within the district and outside the district pursuant to an interlocal agreement under chapter 163 if within another district or, if not within another district, with the consent of the county or municipality in which the deed restriction enforcement is proposed to occur. For the purpose of this subsection, the term “deed restrictions” means those covenants, conditions, restrictions, compliance mechanisms, and enforcement remedies contained in any applicable declarations of covenants and restrictions that govern the use and operation of real property and, for which covenants, conditions, and restrictions, there is no homeowners’ association or property owner’s association having respective enforcement powers unless, with respect to a homeowners’ association whose board is under member control, the association and the district agree in writing to enforcement by the district. The district may adopt by rule all or certain portions of the deed restrictions that: (gives details did not copy)

Even if there is a HOA, the CDD can take on the Deed Restrictions management and enforcement if done in writing. The Villages set up the CDD's to have this responsibility so they are treated as an HOA under laws concerning deed restrictions. The law impacts the enforcement of deed restrictions themselves, so it does not matter if an HOA or CDD is responsible. Our CDD's have passed rules to act as HOA in the specific district concerning deed restrictions as outlined in section 190.

Not easy to unpack. The Villages chooses not to have the CDD's enforce the deed restrictions uniformly and instead waits for complaints. Normally the HOA/CDD has a committee or process in place (management company/committee checks property every 30-90 days for violations etc.) to make sure deed restrictions are enforced. That leads to subjective enforcement, which if dealt with in court would make that specific deed restriction invalid. Of course, someone would need to challenge in court since the CDD likely will not admit to selective enforcement even if it is obviously the case, as it is here. Violations of a deed restriction are normally clear cut like does a home have too many flag poles....yes or no. If you ride down the street and can see the same violations on 4 lawns in a district and someone complains about one lawn and the CDD addresses only that one violation, that is selective enforcement. Having a complaint only policy is a way to lower resident expectations but has no bearing on the selective enforcement determination. Once the CDD takes on deed restrictions they have a duty to all residents to enforce them equally (the new law actually restates that too). They can't put some of that responsibility off on a resident and only act on some violations with out it being selective enforcement. As the above states, they can enforce "certain" restrictions but they can't enforce the same restriction differently if it exists on two lots without triggering the selective enforcement defense, which nullifies the specific restriction for all homes in the district until it is reinstated (law on how to do that too, can't go back and force someone to comply. Only future violations, after proper notice can be addressed. The case mentioned in my earlier post.)

[Bill14564]

Originally Posted by JustSomeGuy

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With all due respect, it might be worth your time to review the numerous threads on this same topic before overwhelming this one with voluminous arguments that have been discussed several times

[fdpaq0580]

Originally Posted by graciegirl

I am grateful that we have the processes in place the way they have been for all of the years we've lived here. It works, for the most part, and people who are hesitant to point out an infraction are protected. ONLY infractions that are out of compliance are acted upon.

It is free, because HIRING someone to do something inevitably ends up taking from our pockets.

Mostly the rumblings and complaints are from folks who are annoyed that their taste has been challenged, or did not realize that we do have deed restrictions and rules to keep this place looking nice and to keep the values up for all the property we all own.

When I read the grumblings, I often sense it is a bit of; "You aren't going to tell ME what I can or cannot do.".

There have been complaints lodged about things that had been in place for months and even years. The Villages, according to some accounts, has even sold new homes which were out of compliance when released. If that were true, that particular issue should be grandfathered in along with all other issues that match said complaint. If something has been inplace for a reasonable amount of time, has not received previous complaints, is not illegal, a safety hazzard, does not extend beyond the property line, it should be grandfathered.
If your neighbor plants a palm, or puts stepping stones in their garden, or (God forbid) a little white cross where they buried the budgy in the flowerbed, the time to complain is right then, not two years down the road. Talk to your neighbor. If the issue can't be resolved, then, only the should you be allowed to file a complaint with ARC.
jmvho. 😇✌️🖖

[fdpaq0580]

Originally Posted by Bill14564

With all due respect, it might be worth your time to review the numerous threads on this same topic before overwhelming this one with erroneous arguments that have been discussed several times

Not everyone knows what subjects/threads have been discussed before. Not everyone is going to sift through all previous threads. Some of us, like me, might not live long enough to do that. Still, we want to be heard on the subject (whatever it is) at the present. Yes, there will be lots of reoccurring subjects and opinions, but comments may still appropriate and therefore reiterated. Like many conversations, a lot of things get repeated, over and over.
Have a good day, and don't sweat the small stuff.

[Chellybean]

Originally Posted by fdpaq0580

There have been complaints lodged about things that had been in place for months and even years. The Villages, according to some accounts, has even sold new homes which were out of compliance when released. If that were true, that particular issue should be grandfathered in along with all other issues that match said complaint. If something has been inplace for a reasonable amount of time, has not received previous complaints, is not illegal, a safety hazzard, does not extend beyond the property line, it should be grandfathered.
If your neighbor plants a palm, or puts stepping stones in their garden, or (God forbid) a little white cross where they buried the budgy in the flowerbed, the time to complain is right then, not two years down the road. Talk to your neighbor. If the issue can't be resolved, then, only the should you be allowed to file a complaint with ARC.
jmvho. ������✌️������

Simply if the VLS is selling homes out of compliance and then their complaint department is later filing a complaint to the new property owner for out of compliance, it seems to be a conflict of interest as far as i can see!

[fdpaq0580]

Originally Posted by Chellybean

Simply if the VLS is selling homes out of compliance and then their complaint department is later filing a complaint to the new property owner for out of compliance, it seems to be a conflict of interest as far as i can see!

So, is the purchaser on the hook for the remedy? Or, if not illegal, presents no safety hazzard and is within the property line, should it even be a valid complaint?
Remember, complaints are driven by neighbors, not ARC.

[retiredguy123]

Originally Posted by fdpaq0580

So, is the purchaser on the hook for the remedy? Or, if not illegal, presents no safety hazzard and is within the property line, should it even be a valid complaint?
Remember, complaints are driven by neighbors, not ARC.

It is a valid complaint if it violates a deed restriction. All deed restrictions are not based on legality, safety, or whether it is within the property line. Some of them are based on cosmetic features, such as the color of the house, or the type of driveway treatment. And, yes, whoever owns the house is responsible for deed restriction violations.

[fdpaq0580]

Originally Posted by retiredguy123

It is a valid complaint if it violates a deed restriction. All deed restrictions are not based on legality, safety, or whether it is within the property line. Some of them are based on cosmetic features, such as the color of the house, or the type of driveway treatment. And, yes, whoever owns the house is responsible for deed restriction violations.

Total inflexibility? Zero extenuating circumstances? No modifications or chages to current standards even as newer/better options become available or older options become no longer available? Deed restrictions are chiseled in stone and not subject to review or change?
OK! The budgie didn’t need a grave marker anyway. Sorry Tweety bird. 🥲

[retiredguy123]

Originally Posted by fdpaq0580

Total inflexibility? Zero extenuating circumstances? No modifications or chages to current standards even as newer/better options become available or older options become no longer available? Deed restrictions are chiseled in stone and not subject to review or change?
OK! The budgie didn’t need a grave marker anyway. Sorry Tweety bird. 🥲

I agree. if you want flexibility, it shouldn't be "cast-in-stone" as part of the property deed. It should be a rule that can be changed by a board or committee. That is the way it is done with homeowners' associations.

[DAVES]

Originally Posted by Chellybean

You have your right to your opinion but this happens all over the villages and especially throughout adjacent villages, this is what promotes Trolls my friend! Some districts stopped Anonymous complaints which puts people in danger of retaliation.

Endless issue with no perfect answers. A different way to handle this is an architectural committee. People elected or whatever to look for violations. Like all other solutions they do not work perfectly. Johnny favors his friend Bob, they are both in the door knob club

[DAVES]

Originally Posted by Topspinmo

IMO agree but contractors should be burned also especially the ones that don’t submit for arc approval. IMO most yards don’t have that much to work with anyway due to the easement restrictions. I also think there should be statute of limitations, can’t come back after 20 years say it’s out of compliance especially after it been sold.

Neighbor issues. Funny to me. Years ago I met a German guy who married a duchess, or whatever her title was. She came with a family castle on hundreds of acres. There was a dispute with a neighbor over a tree that was huge and centuries old. Grandfathered? Great, great, great grandfathered is closer to the truth.

Serious or perhaps bugging my wife. I became aware of an Island off North Carolina for sale with a nice house and a small heard of wild horses. Set up my own kingdom? i WAS VOTED OUT OF OFFICE BY THE QUEEN and we are in the Villages.

Far as out of compliance. Someone built a garage for their CAMPER BUS. The neighbor of course was not happy. Ad for the home BUS GARAGE VIEW.

[DAVES]

Originally Posted by fdpaq0580

So, is the purchaser on the hook for the remedy? Or, if not illegal, presents no safety hazzard and is within the property line, should it even be a valid complaint?
Remember, complaints are driven by neighbors, not ARC.

Endless LIFE ISSUE. Laws, RULES apply to ALL Typical views caught speeding. I'm not guilty because you do not catch everyone. Far as the purchaser of a home in violation, The time to investigate is before buying. If, it was missed and you PAID a firm to check, part of what you PAID protects you from their errors.

[Bill14564]

Originally Posted by DAVES

Endless LIFE ISSUE. Laws, RULES apply to ALL Typical views caught speeding. I'm not guilty because you do not catch everyone. Far as the purchaser of a home in violation, The time to investigate is before buying. If, it was missed and you PAID a firm to check, part of what you PAID protects you from their errors.

Please provide contact information for a couple of home inspectors that will check for the Villages deed restriction violations. Some may check for encroachments on property lines but I haven't see one yet that will ensure the shingles are the right color, the outside trim is an approved color, and the driveway isn't two inches too wide.

[Marathon Man]

Originally Posted by Chellybean

Simply if the VLS is selling homes out of compliance and then their complaint department is later filing a complaint to the new property owner for out of compliance, it seems to be a conflict of interest as far as i can see!

The VLS has a complaint department????

[JustSomeGuy]

Originally Posted by Bill14564

With all due respect, it might be worth your time to review the numerous threads on this same topic before overwhelming this one with voluminous arguments that have been discussed several times

Thanks for the tip. May want to take the time to read previous posts in the thread yourself before commenting. See post 58 and 60... questions from another resident. Should I have said read the entire history of this issue on this site instead of answering him?

I also have not seen the new law that takes effect in July 2024 addressed yet.

It has major impacts on our residents like you can have anything you want in your backyard as long as it can't be seen from another property.... ie hidden by bushes.. Deed restrictions can't take that right away after July 1. Our deed restrictions currently do not permit that.