[fdpaq0580]

Originally Posted by Shipping up to Boston

So....an 'honor system'?

Are you not honorable?

[fdpaq0580]

Originally Posted by Maker

Pre-approved lists could perhaps get that nick name for it.

I would think most adults here would be responsible enough to follow the relaxed rules. Happier too. For the ones that think they might get away with something outside of those pre-approved things, and flop on their back kicking their legs and laughing at everyone else, they are also the same ones that don't bother to get ARC approval for anything. When they are reported (just as it is presently) the consequences are still the same.

Only if the complaint actually finds something out of compliance (not allowed, safety issue, illegal).

[Shipping up to Boston]

Originally Posted by fdpaq0580

Are you not honorable?

Good one

You basically have an ‘honor system’ in place currently. How’s that working out? Yeah, that’s what I thought!

[Chellybean]

I wish an honor system would work but there are many connivers in the villages that would not be honorable, lol JMHO

[fdpaq0580]

Originally Posted by Shipping up to Boston

Good one

You basically have an ‘honor system’ in place currently. How’s that working out? Yeah, that’s what I thought!

It's really impossible to tell without doing an independent investigation of every single property. And that would be a horrendous undertaking. I am guessing that a great number of landscaping additions, along with other additions or changes, have not gone through ARC, but if they had, would have been OK'd. So, unless a complainant can show that their issue is based on safety/security, illegal, trespass, or other serious concern and the situation has existed for an extended period of time, ARC not waste time on frivolous complaints.

[fdpaq0580]

Originally Posted by Chellybean

I wish an honor system would work but there are many connivers in the villages that would not be honorable, lol JMHO

It isn't just TV. Life is an honor system, of sorts. Cheat at anything and if you get caught there are consequences. Even being honorable to your own body. Eat more than you need, you get fat. Eat things that aren't good for you, more fat and maybe sick. Don't get proper exercise, get weak. Etc.
No, I'm not perfect, but, I'm mostly honorable and I think most people are mostly honorable too. So an honor system isn't perfect, but it mostly works pretty well. jmho.
😌

[Chellybean]

Originally Posted by fdpaq0580

It isn't just TV. Life is an honor system, of sorts. Cheat at anything and if you get caught there are consequences. Even being honorable to your own body. Eat more than you need, you get fat. Eat things that aren't good for you, more fat and maybe sick. Don't get proper exercise, get weak. Etc.
No, I'm not perfect, but, I'm mostly honorable and I think most people are mostly honorable too. So an honor system isn't perfect, but it mostly works pretty well. jmho.
😌

i wish i could agree with you my friend but the condition of this country says otherwise.

[fdpaq0580]

Originally Posted by Chellybean

i wish i could agree with you my friend but the condition of this country says otherwise.

Hope still shines. Even good, sincere and honorable people can be lead astray. "You can fool some of the people all of the time, and all of the people some of the time".

[bsloan1960]

Yup-

Originally Posted by Chellybean

Unfortunately, the ARC approval is flawed greatly.
Not only that Village homes are sold out of compliance and then
become a costly problems to the new homeowner to bring it into compliance, there are no checks and balances. The landscapers help the homeowners submit a permit so it is properly written in the permit for approval then it is the wild wild west in installation, which doesn't meet the ARC approval or the deed restrictions of the District. Landscapers do not have to be licensed under DBPR in Florida and the permit is done in the property owners name and the property owner suffers the consequences!
ARC needs to have an inspection process after the ARC permit is approved and the changes are made to the property. Instead, it puts neighbors in a feud with each other and in my opinion, it becomes selective enforcement when a complaint is filed when neighbors complain, in my opinion! This is not complaint driven as we are told, (complete NONSENSE) The Business model of Villa*e P*lm was draw it correctly and we will put it in the way you want in spite of the encroachment to the adjacent neighbor’s property.
Beware of Wendy and Bill's shenanigans, i have had to deal with these Je*ks for over ten years with the neighbors that have encroached my property repeatedly, if i didn't stop them over the years they would of come into my property, BEWARE of this behavior before going forward with any improvements!

[Chellybean]

Originally Posted by fdpaq0580

hope still shines. Even good, sincere and honorable people can be lead astray. "you can fool some of the people all of the time, and all of the people some of the time".

well said!

[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.".

[JustSomeGuy]

New law hitting the books in Florida.

Can we agree that if you buy a home knowing it has deed restrictions and do not read them then the buyer has some blame in buying an out of compliance home? All of us signed documents at closing saying we would follow these regulations as written. All of us. Some do things they know or should know (if they read the documents) are violations and wait for someone to turn them in. That is not how covenants are set up to work. The villages chooses to put homeowner against homeowner vs. enforcing the documents. It takes the average homeowner, who wants a neighborhood that follows certain guidelines, and put them against another homeowner, who chose to violate what they signed at closing. Admit it, the only reason to have the complainant disclosed is so the violator can use peer pressure to avoid compliance. There is no other reason to disclose the person complaining but to stop people from trying to get the deed restrictions enforced out of fear of repercussions. No other reason. Deed Restrictions/Covenants for the most part are crystal clear, yes or no questions. Anyone reading them can determine if their is an issue in 95% of the cases. If you violate a covenant and dispute it your fight is not with the neighbor who reported you. It is with the covenant issuing body. Only benefit to knowing who complained is to the person violating the documents. They want to pressure an individual homeowner in advance with fear of being "outed" so they get to do what they want no matter what they agreed to when they signed their closing documents. Most violators bring things into compliance. All of us agreed to follow the deed restrictions (you can't own a home and not agree) and no one, even those most vocal, can say they did not sign documents saying they would follow the deed restrictions. If they read them and understand them is not another neighbor's concern.

We are one good lawsuit away from losing the deed restrictions.

It is against Florida law to enforce covenants on one resident and not on another. Selective enforcement occurs when an association tolerates a violation by one owner and then chooses to undertake enforcement against another owner in connection with substantially the same violation. In White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979) the court found that there was selective enforcement and refused to enforce a restriction prohibiting children from residing in condominium units against an owner who proved that while his family was targeted for enforcement, the association at the same time was tolerating children residing in other units. The takeaway is that an association may not treat the same conduct as a violation in connection with one property and not a violation in connection with another.

Unenforced covenants can be reinstated with proper notice but violations in the past, during the period of enforcement, are not subject to the reinstated deed restrictions.(google Chattel shipping notice for case).

New law hb1203 - state summary...Homeowners' Associations; Providing requirements for certain community association managers and community association management firms; requiring certain associations to post certain documents on its website or make available such documents through an application by a date certain; providing that an association or its agent is not liable for the disclosure of certain information; requiring an association or any architectural, construction improvement, or other such similar committee of an association to apply and enforce certain standards reasonably and equitably; etc.

[retiredguy123]

Originally Posted by JustSomeGuy

New law hitting the books in Florida.

Can we agree that if you buy a home knowing it has deed restrictions and do not read them then the buyer has some blame in buying an out of compliance home? All of us signed documents at closing saying we would follow these regulations as written. All of us. Some do things they know or should know (if they read the documents) are violations and wait for someone to turn them in. That is not how covenants are set up to work. The villages chooses to put homeowner against homeowner vs. enforcing the documents. It takes the average homeowner, who wants a neighborhood that follows certain guidelines, and put them against another homeowner, who chose to violate what they signed at closing. Admit it, the only reason to have the complainant disclosed is so the violator can use peer pressure to avoid compliance. There is no other reason to disclose the person complaining but to stop people from trying to get the deed restrictions enforced out of fear of repercussions. No other reason. Deed Restrictions/Covenants for the most part are crystal clear, yes or no questions. Anyone reading them can determine if their is an issue in 95% of the cases. If you violate a covenant and dispute it your fight is not with the neighbor who reported you. It is with the covenant issuing body. Only benefit to knowing who complained is to the person violating the documents. They want to pressure an individual homeowner in advance with fear of being "outed" so they get to do what they want no matter what they agreed to when they signed their closing documents. Most violators bring things into compliance. All of us agreed to follow the deed restrictions (you can't own a home and not agree) and no one, even those most vocal, can say they did not sign documents saying they would follow the deed restrictions. If they read them and understand them is not another neighbor's concern.

We are one good lawsuit away from losing the deed restrictions.

It is against Florida law to enforce covenants on one resident and not on another. Selective enforcement occurs when an association tolerates a violation by one owner and then chooses to undertake enforcement against another owner in connection with substantially the same violation. In White Egret Condominium, Inc. v. Franklin, 379 So. 2d 346 (Fla. 1979) the court found that there was selective enforcement and refused to enforce a restriction prohibiting children from residing in condominium units against an owner who proved that while his family was targeted for enforcement, the association at the same time was tolerating children residing in other units. The takeaway is that an association may not treat the same conduct as a violation in connection with one property and not a violation in connection with another.

Unenforced covenants can be reinstated with proper notice but violations in the past, during the period of enforcement, are not subject to the reinstated deed restrictions.(google Chattel shipping notice for case).

New law hb1203 - state summary...Homeowners' Associations; Providing requirements for certain community association managers and community association management firms; requiring certain associations to post certain documents on its website or make available such documents through an application by a date certain; providing that an association or its agent is not liable for the disclosure of certain information; requiring an association or any architectural, construction improvement, or other such similar committee of an association to apply and enforce certain standards reasonably and equitably; etc.

Are you saying that this new law applies to The Villages? The Villages does not have homeowners' associations. Homeowners' associations rules are not the same as deed restrictions. The Villages has deed restrictions that are unique to each property. The deed restriction document for one property may prohibit lawn ornaments, but another property's document may allow them. But, the homeowners' associations rules are the same for every property within the community. Apples and oranges.

[JustSomeGuy]

From the Villages..... may want to read up on CDD's. They are the same legally when enforcing Deed Restrictions.... if different house by house (not here, may vary by district....not house) they still are the enforcing body.
Page 2 of 8
Deed Compliance
Q: What is an external deed restriction and who can enforce them?
A: Deed restrictions are declarations between the Declarant (Developer named in your individual
Declaration of Restrictions) and the Property Owner. Who can enforce the external deed
restrictions?
• Any property owner of any lot may seek to enforce external restrictions against another
property owner.
• The Declarant may seek to enforce external and internal restrictions.
• The Village Community Development Districts through adopted Rule may enforce
certain EXTERNAL restrictions that have been adopted by each Board to enforce as
authorized by Chapter 190 of Florida Statutes.
• Examples of external deed restriction violations include, but are not limited to, external
modifications made without ARC approval, overgrown or dead grass and weeds, and
inoperable vehicles.

They actually have a rule that says they can...... so yes, HOA and CDD are the same when they enforce Deed Restrictions. Of course it is by district and different districts can have different deed restrictions.... you sign your specific deed restrictions at closing.

Rule adopted by district 10... others are the same..... from cdd page, District adopted rules.... add www
districtgov.org/departments/community-standards/DistrictAdoptedRules
Alterations, Modifications, and Changes
The District is responsible for approving alterations, changes, or modifications to Homesites and the
exterior appearance and structure of the home.

[retiredguy123]

Originally Posted by JustSomeGuy

From the Villages..... may want to read up on CDD's. They are the same legally when enforcing Deed Restrictions.... if different house by house (not here, may vary by district....not house) they still are the enforcing body.
Page 2 of 8
Deed Compliance
Q: What is an external deed restriction and who can enforce them?
A: Deed restrictions are declarations between the Declarant (Developer named in your individual
Declaration of Restrictions) and the Property Owner. Who can enforce the external deed
restrictions?
• Any property owner of any lot may seek to enforce external restrictions against another
property owner.
• The Declarant may seek to enforce external and internal restrictions.
• The Village Community Development Districts through adopted Rule may enforce
certain EXTERNAL restrictions that have been adopted by each Board to enforce as
authorized by Chapter 190 of Florida Statutes.
• Examples of external deed restriction violations include, but are not limited to, external
modifications made without ARC approval, overgrown or dead grass and weeds, and
inoperable vehicles.

They actually have a rule that says they can...... so yes, HOA and CDD are the same when they enforce Deed Restrictions. Of course it is by district and different districts can have different deed restrictions.... you sign your specific deed restrictions at closing.

Rule adopted by district 10... others are the same..... from cdd page, District adopted rules.... add www
districtgov.org/departments/community-standards/DistrictAdoptedRules
Alterations, Modifications, and Changes
The District is responsible for approving alterations, changes, or modifications to Homesites and the
exterior appearance and structure of the home.

Sorry, but I really didn't understand your post. Since the new law is entitled "Homeowners' Associations", and The Villages doesn't have homeowners' associations, does the new law apply to The Villages?