Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Arc approval seems to be flawed (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/arc-approval-seems-flawed-350599/)

Bill14564 06-18-2024 07:13 PM

Quote:

Originally Posted by JustSomeGuy (Post 2342251)
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 06-18-2024 07:21 PM

Quote:

Originally Posted by JustSomeGuy (Post 2342256)
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 06-19-2024 09:21 AM

Quote:

Originally Posted by Marathon Man (Post 2342139)
The VLS has a complaint department????

The Villages owns them both, that is the conflict!

Bill14564 06-19-2024 09:40 AM

Quote:

Originally Posted by Chellybean (Post 2342488)
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 06-23-2024 08:10 AM

Quote:

Originally Posted by Bill14564 (Post 2342502)
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 06-28-2024 08:35 AM

///

graciegirl 06-28-2024 08:55 AM

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 07-23-2024 02:26 PM

Quote:

Originally Posted by fdpaq0580 (Post 2339261)
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 07-23-2024 07:26 PM

Quote:

Originally Posted by PurePeach (Post 2352208)
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 07-25-2024 08:50 AM

Quote:

Originally Posted by blueash (Post 2352271)
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!

Chellybean 07-25-2024 08:54 AM

Quote:

Originally Posted by PurePeach (Post 2352208)
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.

If you let it go they will just repeat there bad behavior, but its up to you. I would definitely let your neighbor know, that you know what they did and please correct it. If they don't then let the games begin. DO not be afraid to stand up for yourself. Scr#w what anyone thinks!!!

Bill14564 07-25-2024 09:06 AM

Quote:

Originally Posted by Chellybean (Post 2352785)
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!

You can call it whatever you want but it doesn't make it correct.

Can you provide some details on an external deed restriction that Community Standards or the CDD did NOT enforce when a violation was brought to their attention?

I've seen the statistics on the number of complaints received, homeowners notified of violations, and public hearings by the CDDs. I have attended CDD meetings where public hearings were canceled when the homeowner corrected the violation prior to the meeting. I have attended CDD meetings where a public hearing was held and the CDD chose to levy fines if the violation was not corrected.

What I have NOT heard of is any external violation brought to the attention of Community Standards or the CDD where they have chosen not to enforce the deed restrictions. THAT would be selective enforcement. THAT does not appear to be happening.

bsloan1960 07-26-2024 10:23 AM

https://i.imgur.com/UrNoePc.png

graciegirl 07-31-2024 08:26 AM

This is a better place because of the rules on deed restrictions which have effectively been used now for many years.

There are a few who do not understand them and a few who exaggerate their abuse. We have lived in communities that have standards that must be met by all and feel it is a good thing.

Not everyone has good taste, but everyone thinks they do.

I see no reason to change anything including the anonymous reporting that saves hiring someone and will be an expense where there is none now.

Altavia 07-31-2024 08:57 AM

Quote:

Originally Posted by graciegirl (Post 2354785)

...

I see no reason to change anything including the anonymous reporting that saves hiring someone and will be an expense where there is none now.

Be aware some CDD's have recent modifications to the restrictions such as needing to live in the CCD to report and removing anonymous reporting.

LeRoySmith 07-31-2024 08:59 AM

Quote:

Originally Posted by Altavia (Post 2354801)
Be aware some CDD's have recent modifications to the restrictions such as needing to live in the CCD to report and removing anonymous reporting.

I like the strict rules and anonymous reporting but I follow the rules so I guess I would.

Chellybean 08-07-2024 08:13 AM

///

tophcfa 08-07-2024 08:22 AM

Interesting thread, I feel for Chellybean. Selective enforcement has been a serious problem with internal deed restrictions for a long time, but I have never heard of it happening with external restrictions.

Bogie Shooter 08-07-2024 11:34 AM

Quote:

Originally Posted by tophcfa (Post 2357307)
Interesting thread, I feel for Chellybean. Selective enforcement has been a serious problem with internal deed restrictions for a long time, but I have never heard of it happening with external restrictions.

Here you go…..
A troll came into our cul-de-sac cited three of the 6 homes with plantings/walls within the street right of way….2 others same issue not cited.
The street outside had four cited while four others were not.
All those cited made corrections.
That is selective enforcement!
Trolls are no longer allowed to file….since our district is no longer anonymous.

Bill14564 08-07-2024 11:42 AM

Quote:

Originally Posted by Bogie Shooter (Post 2357370)
Here you go…..
A troll came into our cul-de-sac cited three of the 6 homes with plantings/walls within the street right of way….2 others same issue not cited.
The street outside had four cited while four others were not.
All those cited made corrections.
That is selective enforcement!
Trolls are no longer allowed to file….since our district is no longer anonymous.

Not selective enforcement at all!

"All those cited made corrections." 100% enforcement of those who were cited. 100% enforcement of those who were brought to the attention of Community Standards.

What was selective was the way they were cited. Find the troll and complain to them about their selectivity. Fix the problem yourself by citing the four that were left out.

I don't believe I have any violations but I don't want to feel like I'm under a microscope. I dislike the idea of the trolls whose hobby is to file complaints. I would dislike the neighborhood busybody who roamed the neighborhood filing complaints. And I certainly would dislike spending my maintenance dollars to incentivize someone to file complaints.

Bogie Shooter 08-07-2024 12:11 PM

Quote:

Originally Posted by Bill14564 (Post 2357372)
Not selective enforcement at all!

"All those cited made corrections." 100% enforcement of those who were cited. 100% enforcement of those who were brought to the attention of Community Standards.

What was selective was the way they were cited. Find the troll and complain to them about their selectivity. Fix the problem yourself by citing the four that were left out.

I don't believe I have any violations but I don't want to feel like I'm under a microscope. I dislike the idea of the trolls whose hobby is to file complaints. I would dislike the neighborhood busybody who roamed the neighborhood filing complaints. And I certainly would dislike spending my maintenance dollars to incentivize someone to file complaints.

You are right, it’s the anonymous trolls screwing up the system.


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