[RRGuyNJ]

This CDD stuff is a pain. I'll let the owner worry about it and rent occasionally.
I hate that "Kiss the ring lifestyle." when it comes to doing home improvements. Fortunately I have great neighbors that take good care of thier property. All three of them! LOL
ARC want compliance, then yes, they should do inspections before any sale. Just like they do Cert of Occupancy inspection in some parts of the country. Yes, it would take a huge staff given the amount of property that changes hands there,
Great place to visit but I'm not ready to say I would want to live there.

[Vermilion Villager]

Originally Posted by APovi

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.

Most states are "Buyer Beware" or "As Is".
When we bought our home in 2021 we were required to sign documents stating we had received a copy of the deed restrictions. At closing we had to do it again. They are not that complicated, and are very easy to read, and as someone has already posted available online.
In real estate you can write any contingency you want into the contract. It's up to the seller to agree to that to make it binding. Of course another offer can come in that is non-contingent. 2 to 3 years ago when the housing market was red hot there were multiple offers on every home. I'm sure a lot of buyers had concerns about deed restrictions but felt they had to accept the risk just to get the house. Now they're paying the piper.

Another poster opines on being able "to face your accuser". The other villages publication puts out Clickbait articles daily on FB about this. I for one think this is a distraction as it makes no difference as to whether you know the person who filed the complaint. Your home is compliant with the deed restriction or it isn't... It's a simple yes or no question.

[Vermilion Villager]

Originally Posted by Bjeanj

Technically, the accuser is The Villages/your district. The person who reports something simply reports it, and The Villages determines whether there is a violation. If there is, they inform you. They are the accuser.

Finally someone gets it!!!!

[Bill14564]

Originally Posted by jparsoneau@aol.com

Do a compliance check on the property to make sure it’s in compliance before you purchase it
Or have your real estate agent, then put it in writing that they’ve checked, which I’m sure they will not unless they have checked

The results of the compliance check may be that there are no active complaints against the property. That is all well and good but that doesn't mean the property is compliant, just that no one has filed a complaint.

[neilbcox]

When we bought and sold our home in Hillsborough County the title companies we closed with required a statement which cost me $500 from the CDD and HOA that our home was in compliance and clear of money owed! Do they not do this here?

[dewilson58]

Originally Posted by neilbcox

When we bought and sold our home in Hillsborough County the title companies we closed with required a statement which cost me $500 from the CDD and HOA that our home was in compliance and clear of money owed! Do they not do this here?

Nope

[Dusty_Star]

Originally Posted by ithos

Now this is pushing the envelope. Can't believe this went unreported for 12 years. You see more cars than house. An anonymous complaint was recently filed. New home owners found out the hard way about CDD compliance. (Source in local newspaper)

The owners didn't find out 'the hard way' at all, after review it was decided the driveway was A OK. (Source local newspaper)

[jimmy o]

Originally Posted by APovi

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.

This is not a TV enigma. This is every home in America. Nearly every home everywhere would fail a full compliance test. For instance: I did a few years of Real Estate back in Illinois ( Cook County, often referred to as Crook County). The town of Cicero abutting Chicago was considered by many as even more corrupt than Chicago.

Every home sold in Cicero had to pass a compliance test before a sales stamp approval. No home could pass, period. The inspector would write up the found violations, then the home owner would correct the issues, then the inspector would write up some more violations and home owner would correct; and on and on until homeowner coughed up $900 to pay for “pre-certification”.

Some of the violations were: #6 electrical screw not used in light socket instead of #8; Drain gutter downspout attached in two spots to house instead of three; water softener 4 inches away from wall instead of 6. No I’m not making this up.

The point I’m making is that violations can always be found if you look hard enough. An inspection to cover everything would cost at least a couple thousand. Don’t open a can of worms. If you think you see some obvious violation, yes address that; otherwise just relax most of us don’t have that many years left, shy spend then worrying?

[Jokomo]

Originally Posted by Papa_lecki

Any seller who would agree to that is crazy.
It’s like getting a guarantee the roof leaks.
All deed restrictions are available online, or ask seller for it.

We hear about all the non compliance, but what percent of existing homes is it?

Although it is not a criminal charge, the 6th amendment (the right to face accuser) should apply. Or at least the spirit of the 6th amendment.

You correctly state that the 6th Amendment gives you the right to face your accuser in a criminal case. Nothing in the spirit of the Amendment gives you the same right in a civil proceeding, possibly because the stakes are so much lower. In a deed case, there is no need to confront the reporting person. The issue is whether a deed restriction has been violated. Motive, malice, financial gain don’t matter. Either there’s a violation or there isn’t. It’s shocking to me that so many people (generally well educated, middle class or higher) believe that the contracts they sign aren’t worth the paper they’re printed on, and try to shift the blame for their noncompliance to others who have the right to expect the compliance that protects the community as a whole.

[Bill14564]

Originally Posted by Dusty_Star

The owners didn't find out 'the hard way' at all, after review it was decided the driveway was A OK. (Source local newspaper)

Which paper was that? The only thing I can find in the online paper which shall not be named is this from 11/3:

went to the ARC seeking retroactive approval, but were denied

[David_H]

Just to let you know that the builder and city inspectors can screw up. I purchased a new under construction home in a different state, I was measuring the lot for future landscaping plans and I found that the entire house was mislocated on the lot by about 4 feet closer to the road and was in violation with the HOA standards.

I ended up talking to the city engineer and negotiating with the builder to get an exemption / approval from the HOA.

And it took the builder two additional attempts to get the survey correct.!

Originally Posted by APovi

Apparently Florida is a 'Buyer Beware' State.
How do you handle existing 'Non-Compliance'?
Some home buyers/owners have been cited for violations existing for the past 10-20 years or more.
Sellers, Builders and Realtors do not typically represent buyers at all.
Does the buyer have to apply to each CDD to find out if the home they want (new or pre-owned) is in compliance?
Will all the CDD's issue a 'certification' that a home is 'in compliance' with all their regulations before you buy it?
Should I put a contingency in my offers/contracts that requires the Owner/Seller/Realtor to take care of it?
I've seen this problem reported many times but never any solutions.

FL real estate contracts have a Seller Disclosure addendum (for title company closings at least and reputable sales). On the Disclosure Seller signs off that there are no deed restriction issues AND that they made proper application for any changes or improvements on the property. If T V is imposing fines then I would seek legal opinion on breach of contract with the seller. I would also ask about the selective enforcement in T V.

(Line 3h on FL Realtor Seller Disclosure Form)

[Marathon Man]

Originally Posted by RRGuyNJ

This CDD stuff is a pain. I'll let the owner worry about it and rent occasionally.
I hate that "Kiss the ring lifestyle." when it comes to doing home improvements. Fortunately I have great neighbors that take good care of thier property. All three of them! LOL
ARC want compliance, then yes, they should do inspections before any sale. Just like they do Cert of Occupancy inspection in some parts of the country. Yes, it would take a huge staff given the amount of property that changes hands there,
Great place to visit but I'm not ready to say I would want to live there.

And yet, here you are making comments. You already live here in your mind.

[LianneMigiano]

Originally Posted by Bill14564

Regardless of the general “holier than thou” attitudes, most buyers won’t know to do that.

Many people -especially as early as the "just looking" stage - have NO IDEA about CDD's, MUCH LESS WHICH ONE that particular home is in!

[Pairadocs]

Originally Posted by ithos

Now this is pushing the envelope. Can't believe this went unreported for 12 years. You see more cars than house. An anonymous complaint was recently filed. New home owners found out the hard way about CDD compliance. (Source in local newspaper)

That is nothing, we should post some pictures from our neighborhood. 3 cars and a truck MINIMUM, never seen them ever put clubs on a cart and appear to be going to play, but they always have a minimum of 3 carts on the drive along with their constant addition of more vehicles. Perhaps but a few of the cars, or carts in the garage ? No possible way, their home's garage has never been less than packed solidly to the garage door, once up there is not enough space to actually walk into the garage. Huge trucks with one or more trailers come and go constantly, day or night. LONG trailers are often unhitched from the truck or trucks, hitch is put on blocks on the street, and sometimes they even put a cone behind the long trailers, and there they sit, in the street, for days and days, often blocking a neighbor's drive partially. Neighborhood watch constantly driving past all this, never snapping a picture though the number of complaints from the neighbors must be overwhelming by now. Finally one neighbor did some investigation, turns out the owner is a very important employee of the Villages. No hope of changing this situation.When they first moved in, the moving company boxes stayed in the garage for months and their three vehicles and all their golf carts sat out. At least 6 months later, they finally got all their furniture unpacked and the garage was empty for several days, but then the trucks began rolling in, unloading all kinds of furniture, filling the garage completely to the door again. It truly is busier and has longer hours than any furniture store in the area... LOL !