[Babubhat]

Have an attorney draft the purchase agreement with remedy for non compliance. Don’t use the realtor to do it

[retiredguy123]

If The Villages were serious about deed restriction compliance, they would have a team to perform pre-sale inspections. Other communities, some that have an HOA, require these inspections.

[retiredguy123]

Originally Posted by Babubhat

Have an attorney draft the purchase agreement with remedy for non compliance. Don’t use the realtor to do it

As a seller, if the remedy made me liable for a defect that I was not aware of, I wouldn't sell the house. Also, I don't think the listing broker would participate in the sale.

[Michael 61]

This is an important thread for those reading it, and currently living outside of The Villages. If you are not familiar with compliance and ARC approvals, PLEASE do your homework / research prior to purchasing a resale home. Unfortunately, you cannot rely on your real estate agent or sales rep to provide this vital information or warn you of the potential consequences of purchasing a resale home that is deemed “out of compliance”.

[Bill14564]

Originally Posted by retiredguy123

If The Villages were serious about deed restriction compliance, they would have a team to perform pre-sale inspections. Other communities, some that have an HOA, require these inspections.

The Villages isn't interested in deed compliance, they have assigned that authority to the CDDs. The CDDs feel they have a responsibility to enforce deed compliance but only when brought to their attention through a complaint.

IANAL but *maybe* the absence of a Villages-authorized or CDD-authorized pre-sale inspection to ensure deed compliance is due to concerns about liability or selective enforcement. If the CDD performs the inspection and that inspection misses something then they may lose their right to begin action against the violation in the future. This may also allow other homeowners to make a claim of selective enforcement if the CDD attempts to take action against a similar violation on their property. The best way to avoid this is for the CDDs to not look for violations themselves but to aggressively pursue action against any violations they are made aware of and this is how the CDDs are behaving today.

[retiredguy123]

It is a standard practice in the real estate industry that a seller must sign a disclosure statement that reveals all known defects in the property, or an "as is" non-disclosure statement. It is unreasonable to expect anything else from the seller. Buying a house can be risky.

[UsuallyLurking]

To determine whether a house is in compliance you need to look at the deed restrictions for the area (unit, in the District jargon), which is available on the District web site, and see if anything you see outside the house does not follow those restrictions. If anything is not in compliance you then need to see if any ARC application(s) have been filed and approved for that property that cover the out-of-deed-compliance items. That can also be done on the web site, though I have found it is clunky to do so. It is a lot of trouble, especially for someone not familiar with The Villages or deed-restricted communities. If you are buying a pre-owned home it would definitely be worth while have a discussion with your realtor about this.

[Babubhat]

So why can’t you ask the seller for copies of approval or require as condition of sale seller self report anything you are concerned about and get a clearance? Better to find out beforehand. Only way it gets definitely resolved

[retiredguy123]

Originally Posted by Babubhat

So why can’t you ask the seller for copies of approval or require as condition of sale seller self report anything you are concerned about and get a clearance? Better to find out beforehand. Only way it gets definitely resolved

I agree. You can ask the seller to provide anything before the sale. But, after the closing, the buyer owns the house and the only recourse the buyer has at that point is if the seller failed to disclose a known defect on the disclosure document.

[margaretmattson]

Originally Posted by retiredguy123

As a seller, if the remedy made me liable for a defect that I was not aware of, I wouldn't sell the house. Also, I don't think the listing broker would participate in the sale.

Out of compliance means an owner made structural or landscaping improvement to the home without permits or ARC approval. For example: added a pool or lanai without obtaining necessary permits. It has nothing to do with defects of a home.

[fdpaq0580]

Is it just me, or are we making a mountain out of a mole hill? Many landscapers, pool companies, construction, etc, have come and gone over the years. If something has been in place and there have been no issues or complaints over a certain period of so many years, it could be automatically grandfathered. Lot less muss and fuss for everyone.

[retiredguy123]

Originally Posted by margaretmattson

Out of compliance means an owner made structural or landscaping improvement to the home without permits or ARC approval. For example: added a pool or lanai without obtaining necessary permits. It has nothing to do with defects of a home.

Respectfully, I don't agree. Here is an excerpt from a standard disclosure statement used in Florida:

"Have you made any additions, structural changes or other alterations to the Property?
If yes, did you obtain all necessary permits?
Was/Were the permit(s) closed out (finalized)?"

If this type of disclosure was not in the sales contract, the buyer could require it. You may not specifically call it a "defect", but it should be part of the seller's disclosure statement to the buyer. To me, in this context, "defect" and "out of compliance" essentially mean the same thing.

[margaretmattson]

Originally Posted by retiredguy123

Respectfully, I don't agree. Here is an excerpt from a standard disclosure statement used in Florida:

"Have you made any additions, structural changes or other alterations to the Property?
If yes, did you obtain all necessary permits?
Was/Were the permit(s) closed out (finalized)?"

If this type of disclosure was not in the sales contract, the buyer could require it. You may not specifically call it a "defect", but it should be part of the seller's disclosure statement to the buyer. To me, in this context, "defect" and "out of compliance" essentially mean the same thing.

I see. To me, out of compliance means it was a willful act by the owner. A defect is not always willful and may or may not be the fault of the owner.

Erecting a lanai without proper permits is out of compliance.

A window that doesn't close properly is a defect.

The owner is responsible for not getting permits to build the lanai. He willfully ignored the rules. He is not responsible for the defect with the window.

[Marathon Man]

Originally Posted by Bill14564

The Villages isn't interested in deed compliance, they have assigned that authority to the CDDs. The CDDs feel they have a responsibility to enforce deed compliance but only when brought to their attention through a complaint.

IANAL but *maybe* the absence of a Villages-authorized or CDD-authorized pre-sale inspection to ensure deed compliance is due to concerns about liability or selective enforcement. If the CDD performs the inspection and that inspection misses something then they may lose their right to begin action against the violation in the future. This may also allow other homeowners to make a claim of selective enforcement if the CDD attempts to take action against a similar violation on their property. The best way to avoid this is for the CDDs to not look for violations themselves but to aggressively pursue action against any violations they are made aware of and this is how the CDDs are behaving today.

Well said. I do not want the CDD's to take on the responsibility for searching for violations, as many suggest, for this very reason. The 'by complaint' system needs to stay.

[retiredguy123]

Originally Posted by margaretmattson

I see. To me, out of compliance means it was a willful act by the owner. A defect is not always willful and may or may not be the fault of the owner.

Erecting a lanai without proper permits is out of compliance.

A window that doesn't close properly is a defect.

The owner is responsible for not getting permits to build the lanai. He willfully ignored the rules. He is not responsible for the defect with the window.

Correct, but if the seller knows about the window defect, he/she needs to disclose it to the buyer. That is the purpose of the disclosure form.