[retiredguy123]

Originally Posted by asianthree

Missing the point inspection is about structural integrity of the home, inside and out, plumbing hvac electrical. Sprinklers.

Correct, but a home inspector should have knowledge about the local building rules and permitting. If there is an obvious upgrade or addition to the house, I would expect the home inspector to at least recognize it and point out a possible compliance issue to the buyer. Many buyers are new to the area and may not be familiar with the local requirements. You wouldn't want to hire a home inspector who has no local experience. There are also building requirements that are unique to Florida.

[Markus]

Originally Posted by Laker14

You might start with a conversation with those that enforce the standards, and just ask them what are the most common issues they run across. My guess would be lawn ornaments (those are easy to rectify), landscaping beds too close to the road, too much stone work replacing the grass, and whatever else they can tell you.

Then read the compliance standard for the particular district you are interested in, and then inspect the place yourself. Make sure you understand the most common issues, and bring a tape measure.
Personally, I wouldn't worry about roof color or paint and trim unless you see something glaringly obvious.

But how would you know who enforces those standards as each neighborhood can have different standards?

[retiredguy123]

Originally Posted by Markus

But how would you know who enforces those standards as each neighborhood can have different standards?

There is a Deed Compliance Office, which is part of Community Standards, at Sumter Landing, 984 Old Mill Run, 352-751-3912.

Although, I have not found them to be very helpful.

[Debi-G]

Originally Posted by Villager1234

Is there any way to find out if a house is in compliance before you buy it

You can either call or go to the Sumter Landing office where the ARC approvals are done, and they can tell you by your address if anything has been submitted and if it has been approved or denied.

[shaw8700@outlook.com]

Bottom line is if you buy a presale, you’re rolling the dice.

[Topspinmo]

Originally Posted by Altavia

In Florida, the statute of limitations for breach of contract (such as violating HOA covenants) is five years. I have no idea why this does not apply to The Villages.

Statute of limitations, waiver and covenant enforcement


"There are a number of problems with the situation you describe, and your homeowners’ association is going to have a very hard time enforcing the patio-size covenant against you and the other owners.

For one thing, if in fact these patios were built seven years ago, the “statute of limitations” has expired.

A statute of limitations is a time period within which any legal action must be brought. This makes sense, because the more time that passes before a legal action is filed, the less likely that evidence will be available to prove or disprove the dispute, and also because it is not considered “fair” to bring an action after so much time has passed, as the delayed notice of the dispute would be unreasonable to the defendant.

In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years.

The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago."

Some say villages in not HOA. Agree state law should over rule any unincorporated housing project rules.

[Topspinmo]

Originally Posted by shaw8700@outlook.com

Bottom line is if you buy a presale, you’re rolling the dice.

Same could be said about new construction also.

[Topspinmo]

Originally Posted by retiredguy123

Correct, but a home inspector should have knowledge about the local building rules and permitting. If there is an obvious upgrade or addition to the house, I would expect the home inspector to at least recognize it and point out a possible compliance issue to the buyer. Many buyers are new to the area and may not be familiar with the local requirements. You wouldn't want to hire a home inspector who has no local experience. There are also building requirements that are unique to Florida.

Depends on who inspector working for?

[margaretmattson]

Originally Posted by Debi-G

You can either call or go to the Sumter Landing office where the ARC approvals are done, and they can tell you by your address if anything has been submitted and if it has been approved or denied.

This is the easiest and quickest way to find information on compliance for a home.

[fdpaq0580]

Originally Posted by Altavia

In Florida, the statute of limitations for breach of contract (such as violating HOA covenants) is five years. I have no idea why this does not apply to The Villages.

Statute of limitations, waiver and covenant enforcement


"There are a number of problems with the situation you describe, and your homeowners’ association is going to have a very hard time enforcing the patio-size covenant against you and the other owners.

For one thing, if in fact these patios were built seven years ago, the “statute of limitations” has expired.

A statute of limitations is a time period within which any legal action must be brought. This makes sense, because the more time that passes before a legal action is filed, the less likely that evidence will be available to prove or disprove the dispute, and also because it is not considered “fair” to bring an action after so much time has passed, as the delayed notice of the dispute would be unreasonable to the defendant.

In Florida, the statute of limitations for breach of contract (such as violating your HOA covenants) is five years.

The time period within which the HOA could enforce the covenant has expired, at least as it pertains to those patios that were built more than five years ago."

Does that mean if the little white cross has been in a yard with no complaints for over five years, then it is need not be removed? Well! Wouldn't that something?

[OrangeBlossomBaby]

There was some hubbub awhile back about a few properties that were built with landscaping that was against the restrictions. There would have been no need for ARC approval, because the properties were still owned by the Developer. So at some point, these properties were up for RE-sale, were purchased, and then - years later - someone submitted complaints and the current home-owners had to deal with the fallout.

So - ARC might be useful, or it might not be. It depends on what you're looking to check on, and how long it's been there. If it came with the house when it was first built, then ARC wouldn't have any request for approval on it.

[tjlee500]

I was able to contact ARC and they provided all Approvals on submitted applications. This is at least something. Then get help to inspect the property by omeone who knows about The Villages to ID anything that he/she recognizes requires an application. It something has not been apprived, you may have an issue that could come back and haunt you.

[ChilePepper]

Originally Posted by retiredguy123

I agree. As a seller, I would never sign an agreement like that. Also, Florida law has a very detailed disclosure process and legal format. The seller is only liable for defects that he/she is aware of at the time of sale.

Are you sure Florida law has a very detailed disclosure process and legal format? If so, could you please post the statute? I was told Florida home sellers do not have an obligation to disclose, unlike Alabama, where I moved from.

I think this is a good practice and should be key to any legal home sale.

[retiredguy123]

Originally Posted by ChilePepper

Are you sure Florida law has a very detailed disclosure process and legal format? If so, could you please post the statute? I was told Florida home sellers do not have an obligation to disclose, unlike Alabama, where I moved from.

I think this is a good practice and should be key to any legal home sale.

Apparently, there is no specific Florida statute that addresses every seller disclosure requirement. But, the Florida Statute, Chapter 689, does address many of them.

"In Florida, sellers can use the “Seller’s Property Disclosure Form,” created by the Florida Association of Realtors, but there is no statutory requirement to do so."

[BrianL99]

Originally Posted by ChilePepper

Are you sure Florida law has a very detailed disclosure process and legal format? If so, could you please post the statute? I was told Florida home sellers do not have an obligation to disclose, unlike Alabama, where I moved from.

I think this is a good practice and should be key to any legal home sale.

What does the seller of a home have to disclose in Florida? - The Robertson Firm

What’s on the Florida Home Seller's Disclosure Form?

What Home Sellers Must Disclose in Florida | Nolo