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Deed restrictions can be changed, using a process defined in the documents
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58 and 60 both pointed out that a CDD is not an HOA, just as I did in my post above. |
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Yes...
[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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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