Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Bird Sculptures in the Garden- Anyone Actually Know If Allowed (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/bird-sculptures-garden-anyone-actually-know-if-allowed-347824/)

Dusty_Star 02-19-2024 02:40 PM

1 Attachment(s)
Quote:

Originally Posted by Two Bills (Post 2302859)
I think a nice flamboyance of Plastic Pink Flamingos looks so sophisticated around a front yard,.

& so very Florida

OrangeBlossomBaby 02-19-2024 02:48 PM

Quote:

Originally Posted by JustSomeGuy (Post 2302618)
Those covenants that are not universally enforced by the CDD legally can't be selectively enforced on just those who get a complaints. Florida legal precedent (such as Hallmark of Hollywood Condominium Association Inc. v. Andrews, Case 2003-09-2380) says that if a covenant is not enforced evenly then it can't be enforced. A complaint does not change that. Lawn ornaments are either allowed or not allowed by the CDD. The CDD can give notice and start enforcing a covenant again, grandfathering old violations (Chattel Shipping and Investment Inc. v. Brickell Place Condominium Association Inc., 481 So.2d 29 (FLA. 3rd DCA 1986) but that is not the case in The Villages. If someone challenges the CDD and quotes the precedent the lawyers should stop enforcement since it will open up that CDD to legal action. The CDD has the responsibility to enforce all covenants and restrictions evenly. Waiting for a complaint is ignoring this responsibility. It puts the CDD at risk of losing the power to enforce a specific covenant (not all, just those selectively enforced), such as lawn ornaments. The CDD has a duty to all who sign the deed restrictions to enforce those restrictions.

They are universally enforced. If someone complains about a property being out of compliance, then Community Standards will investigate. If the property is shown to actually be out of compliance, the owner will be required to bring it back into compliance. Community Standards will enforce that rule, so long as someone informs them that a property needs the rule to be enforced. Properties are assumed to be in compliance until Community Standards is informed otherwise.

retiredguy123 02-19-2024 02:52 PM

Quote:

Originally Posted by Two Bills (Post 2302859)
I think a nice flamboyance of Plastic Pink Flamingos looks so sophisticated around a front yard,.

I don't care if my neighbor has 50 pink flamingos in their yard. But, if they have one wind chime, I would do whatever it takes to get rid of it. Unfortunately, wind chimes are not addressed in the deed restrictions.

Velvet 02-19-2024 03:47 PM

Quote:

Originally Posted by retiredguy123 (Post 2302874)
I don't care if my neighbor has 50 pink flamingos in their yard. But, if they have one wind chime, I would do whatever it takes to get rid of it. Unfortunately, wind chimes are not addressed in the deed restrictions.

I agree. Some people seem to like this incessant noise pollution. They might find it soothing especially if they are hard of hearing, but it gives me a headache. To wake up to it, to listen all day, to try to go to sleep with it….

Byte1 02-19-2024 05:38 PM

Is it just OLD folks that complain incessantly, or do young folks complain about other folks property too?

To the OP, don't ask folks that will just give you their opinion. Reed the deed restrictions or as the Villages officials that are supposed to know the answers. If it was up to me, I don't care what a neighbor does to their yard, as long as his/her/it's weeds don't migrate to my lawn and garden. I might be annoyed IF/IF they are loud for too long, AFTER dark or before sunup and I am annoyed if they allow their dogs use my lawn for a toilet(even though I love animals more than people). Everyone has their own quirks and IMO others should be tolerant within reason. Problem with "within reason" is qualifying what it means to different folks. But, IMO life is getting shorter and shorter and folks should use their time left smartly, so as to enjoy it. Never did enjoy the military style housing and moved off base whenever possible. But, I didn't have to pay for gov housing so I lived by their standards.
Just be careful not to display a small white cross on your property, because there seems to be a lot of vampires residing in the Villages that get very angry. It keeps them from passing by your home without causing them a great deal of anguish.

coffeebean 02-20-2024 07:17 AM

Quote:

Originally Posted by retiredguy123 (Post 2302874)
I don't care if my neighbor has 50 pink flamingos in their yard. But, if they have one wind chime, I would do whatever it takes to get rid of it. Unfortunately, wind chimes are not addressed in the deed restrictions.

Agree about the wind chimes. Chimes are not addressed in deed restrictions? The lovely music they make is noise pollution to me. Wind chimes can be extremely annoying as there is no stopping the chiming at any given moment. They chime during the night too which can disrupt one's sleep. It is very disappointing that The Villages allows them.

coffeebean 02-20-2024 07:18 AM

Quote:

Originally Posted by Velvet (Post 2302888)
I agree. Some people seem to like this incessant noise pollution. They might find it soothing especially if they are hard of hearing, but it gives me a headache. To wake up to it, to listen all day, to try to go to sleep with it….

OMG.......I just now posted exactly your thoughts.

Topspinmo 02-20-2024 09:11 AM

Quote:

Originally Posted by bsloan1960 (Post 2302554)
I see that about one out of every 10 houses here- 7,000 houses(?) has sculptures of Sandhill Cranes, or other birds in their gardens.

Is this allowed? Do you actually know one way or another? I'm asking because I recently 'heard' someone got dinged for having them. But what about the other 6999 houses?

No. I don't want to call TV- I don't want them even knowing what I thinking.

In my district it covers front yards. But, most ignore, I estimate about 30% plus are in violation in any village I go in my district.

You really have to bring up restrictions in your district and study them cause they are not all the same. Then, if you haven’t been lawyer you won’t be able to determine what it means anyway. :shrug:

Topspinmo 02-20-2024 09:14 AM

Quote:

Originally Posted by coffeebean (Post 2303053)
Agree about the wind chimes. Chimes are not addressed in deed restrictions? The lovely music they make is noise pollution to me. Wind chimes can be extremely annoying as there is no stopping the chiming at any given moment. They chime during the night too which can disrupt one's sleep. It is very disappointing that The Villages allows them.


So, do you hear them when wind not blowing? I do:oops:

Topspinmo 02-20-2024 09:19 AM

Quote:

Originally Posted by OrangeBlossomBaby (Post 2302869)
They are universally enforced. If someone complains about a property being out of compliance, then Community Standards will investigate. If the property is shown to actually be out of compliance, the owner will be required to bring it back into compliance. Community Standards will enforce that rule, so long as someone informs them that a property needs the rule to be enforced. Properties are assumed to be in compliance until Community Standards is informed otherwise.


They also assume that on resale properties which some times new owners get stung big time. Let’s see? what the street meaning of assuming? They also assume we have money tree’s planted in our yards that they can pluck yearly.:jester:

Taltarzac725 02-20-2024 04:53 PM

A lot of the sandhill crane metal sculptures look like they are by a local talent. He/she/they do excellent work. Does anyone know the company?

BrianL99 02-20-2024 06:02 PM

Quote:

Originally Posted by JustSomeGuy (Post 2302618)
Those covenants that are not universally enforced by the CDD legally can't be selectively enforced on just those who get a complaints. Florida legal precedent (such as Hallmark of Hollywood Condominium Association Inc. v. Andrews, Case 2003-09-2380) says that if a covenant is not enforced evenly then it can't be enforced. A complaint does not change that. Lawn ornaments are either allowed or not allowed by the CDD. The CDD can give notice and start enforcing a covenant again, grandfathering old violations (Chattel Shipping and Investment Inc. v. Brickell Place Condominium Association Inc., 481 So.2d 29 (FLA. 3rd DCA 1986) but that is not the case in The Villages. If someone challenges the CDD and quotes the precedent the lawyers should stop enforcement since it will open up that CDD to legal action. The CDD has the responsibility to enforce all covenants and restrictions evenly. Waiting for a complaint is ignoring this responsibility. It puts the CDD at risk of losing the power to enforce a specific covenant (not all, just those selectively enforced), such as lawn ornaments. The CDD has a duty to all who sign the deed restrictions to enforce those restrictions.

You really should seek competent legal advice, before offer quasi-legal advice, unsubstantiated by the facts.

Normal 02-21-2024 06:44 AM

But
 
Quote:

Originally Posted by fdpaq0580 (Post 2302800)
And what if a bird eats one of the ceramic fish, flies into a tree, chokes on the fish and dies, then falls to the ground. Does it make a sound if there is no one there to hear it?

This is fun!

What if the said bird was a sand crane? Then when the autopsy was performed fingerprints and DNA were recovered from the goldfish? Is the original owner of the pond culpable?

dhdallas 02-21-2024 10:05 PM

Quote:

Originally Posted by bsloan1960 (Post 2302554)
I see that about one out of every 10 houses here- 7,000 houses(?) has sculptures of Sandhill Cranes, or other birds in their gardens.

Is this allowed? Do you actually know one way or another? I'm asking because I recently 'heard' someone got dinged for having them. But what about the other 6999 houses?

No. I don't want to call TV- I don't want them even knowing what I thinking.

They are classified as lawn ornaments and as such are a violation of the deed restrictions. But like you said, there are countless homes with metal bird sculptures in their yards. You would think that somebody would try a little individuality & display something besides a bird instead of just copying everyone else. Then again, the cookie-cutter houses all look the same so why not have cookie-cutter lawn ornaments. It adds to that Twilight Zone/Stepford vibe!

Taltarzac725 02-22-2024 09:44 AM

Coastal Garden Decor | Bella Coastal Decor

Some of the Villages sandhill crane statues seem to be from this company.


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