[JustSomeGuy]

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.

Deed restrictions can be changed. The documents have to have a process to do it. CDD took on role of HOA when they took on responsibility for Deed Restrictions. They can act to change any deed restriction they wish to update.

[Bill14564]

Originally Posted by JustSomeGuy

Deed restrictions can be changed. The documents have to have a process to do it. CDD took on role of HOA when they took on responsibility for Deed Restrictions. They can act to change any deed restriction they wish to update.

CDD is not an HOA no matter how many times you assert otherwise. The CDD has NO power to change the deed restrictions, only the Developer can do that.

[Bill14564]

Originally Posted by JustSomeGuy

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.

Which law is that? If it exists it WILL be available online. I suspect it does not say what you believe it does.

58 and 60 both pointed out that a CDD is not an HOA, just as I did in my post above.

[JustSomeGuy]

Originally Posted by Bill14564

CDD is not an HOA no matter how many times you assert otherwise. The CDD has NO power to change the deed restrictions, only the Developer can do that.

Never said CDD was HOA.... they take on the powers of an HOA by rule they passed.... it was in the answers you complained about - here it is again.... Note CDD docs refer to powers granted by 190... 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

[JustSomeGuy]

[QUOTE=Bill14564;2342222]Which law is that? If it exists it WILL be available online. I suspect it does not say what you believe it does.



Here is the actual section of the law effective next month on the parties enforcing deed restrictions.
720.3045 Installation, display, and storage of items.—755
Regardless of any covenants, restrictions, bylaws, rules, or756
requirements of an association, and unless prohibited by general757
law or local ordinance, an association may not restri ct parcel758
owners or their tenants from installing, displaying, or storing759
any items on a parcel which are not visible from the parcel's760
frontage or an adjacent parcel, an adjacent common area, or a761
community golf course, including, but not limited to, artificial762
turf, boats, flags, vegetable gardens, clotheslines, and763
recreational vehicles.

[Bill14564]

Originally Posted by JustSomeGuy

Never said CDD was HOA.... they take on the powers of an HOA by rule they passed.... it was in the answers you complained about - here it is again.... Note CDD docs refer to powers granted by 190... 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

CDDs are not HOAs. CDDs do not take on the role of HOAs. CDDs do not have the power of HOAs. CDDs and HOAs are established by different sections of the Florida statutes. Again, CDDs are not HOAs, they do not take on the powers of HOAs, and laws that apply to HOAs do not apply to CDDs.

Section 190, which applies to CDDs, does NOT give them the powers of an HOA. The portion you quoted authorizes the CDDs to enforce deed restrictions, but does not grant them the additional powers exercised by an HOA.

In the Villages, the CDDs have been granted the authority to enforce external deed restrictions. Most, if not all, the numbered CDDs have adopted rules (renewed annually) to implement this enforcement. While they have the authority to enforce external deed restrictions, they do not have the authority to modify the deed restrictions.

[Bill14564]

Originally Posted by JustSomeGuy

Those would be the questions the answers you never read but complained about addressed. The answers follow the questions.... but you never read them obviously.

Here is the actual section of the law effective next month...
720.3045 Installation, display, and storage of items.—755
Regardless of any covenants, restrictions, bylaws, rules, or756
requirements of an association, and unless prohibited by general757
law or local ordinance, an association may not restri ct parcel758
owners or their tenants from installing, displaying, or storing759
any items on a parcel which are not visible from the parcel's760
frontage or an adjacent parcel, an adjacent common area, or a761
community golf course, including, but not limited to, artificial762
turf, boats, flags, vegetable gardens, clotheslines, and763
recreational vehicles.

Again (and again and again and ...) A CDD is NOT and HOA. Laws affecting HOAs (section 720) do NOT apply to section 190 CDDs.

Think of it this way, bicycles and motorcycles both have two tires and are used for transportation. Cars and golf carts both have four tires and are used for transportation. However, the laws for motorcycles are vastly different than the laws for bicycles, the laws for golf carts are vastly different than the laws for automobiles, and the laws for CDDs are vastly different than the laws for HOAs, EVEN THOUGH THEY APPEAR SIMILAR IN SOME WAYS.

And to your accusation.... I DID read the answers which is how I recognized you were mixing apples and oranges as pointed out in either 58 or 60.

[Chellybean]

Originally Posted by Marathon Man

The VLS has a complaint department????

The Villages owns them both, that is the conflict!

[Bill14564]

Originally Posted by Chellybean

The Villages owns them both, that is the conflict!

I believe the VLS is most closely associated with the sales arm of the Developer.

The ARC and Community Standards are functions/committees of the VCCDD.

One could make the argument that the VCCDD is effectively an arm of the Developer but it's a stretch to say the VLS is close to Community Standards.

Besides, if there was a conflict of interest then you would expect Community Standards to overlook violations in homes sold by the VLS but we know that is not the case. Nothing I have heard or seen indicates Community Standards has any bias at all. No one has mentioned a complaint of a violation of an external deed restriction that Community Standards has ignored. To the contrary, Community Standards appears to aggressively pursue all complaints brought to their attention, even when those complaints concern violations that seem minor or that have existed for a long time.

[Chellybean]

Originally Posted by Bill14564

I believe the VLS is most closely associated with the sales arm of the Developer.

The ARC and Community Standards are functions/committees of the VCCDD.

One could make the argument that the VCCDD is effectively an arm of the Developer but it's a stretch to say the VLS is close to Community Standards.

Besides, if there was a conflict of interest then you would expect Community Standards to overlook violations in homes sold by the VLS but we know that is not the case. Nothing I have heard or seen indicates Community Standards has any bias at all. No one has mentioned a complaint of a violation of an external deed restriction that Community Standards has ignored. To the contrary, Community Standards appears to aggressively pursue all complaints brought to their attention, even when those complaints concern violations that seem minor or that have existed for a long time.

The Villages controls everything in my humble opinion. Just my 2 cents!

[Chellybean]

///

[graciegirl]

Bill. I so appreciate your efforts to explain how it works here. I too have tried for a very long time on the same subject. I am so glad the rules remain unchanged. I like how things are done here.

I really like this meme which always makes me smile;

You have moved from there to here.
Please don't try to change here to be like there.

[PurePeach]

Originally Posted by fdpaq0580

You are certain ARC approved your neighbors "truck" parking area?

I know that they had a plan and and ARC rep came an approved the “plan.” BUT, did the resident disclose the intention of parking a truck on the front? That I don’t know. But in order to keep peace in the neighborhood, I just grit my teeth and keep my mouth shut. You know, you have to pick your battles.

[blueash]

Originally Posted by PurePeach

I know that they had a plan and and ARC rep came an approved the “plan.” BUT, did the resident disclose the intention of parking a truck on the front? That I don’t know. But in order to keep peace in the neighborhood, I just grit my teeth and keep my mouth shut. You know, you have to pick your battles.

Just a short story. i have a friend who wanted to improve their landscaping.. stone wall etc. They got the ARC approval, then told the landscape company to build the wall several feet closer to the road, not at the approved spot. And there it sits. It is not obvious if you don't know the exact distance allowed and approved.

So, approval means nothing without a follow up to see that the work matches the approved changes. ARC minutes are online so you could look up exactly what was approved.

[Chellybean]

Originally Posted by blueash

Just a short story. i have a friend who wanted to improve their landscaping.. stone wall etc. They got the ARC approval, then told the landscape company to build the wall several feet closer to the road, not at the approved spot. And there it sits. It is not obvious if you don't know the exact distance allowed and approved.

So, approval means nothing without a follow up to see that the work matches the approved changes. ARC minutes are online so you could look up exactly what was approved.

SO True and that is my whole point of this thread, People know how to play the game and do what they want. If you complain you become the neighborhood bad guy. This puts neighbors against each other. They call it complaint driven, i call it selective enforcement!