[RobbyHarris]

My approval form has nothing like the sample you gave.
It only talks about water management, drainage etc.

How do I find the name/title of my D.R.? Too lazy to go looking for my paperwork buried somewhere. I looked on tax bill etc and only see my specific property info (lot #). It is district 6. I kinda agree on "just do it".

Originally Posted by Bill14564

Most deed restrictions vary in small but potentially significant ways. Can you post the name/title of your deed restrictions (S8-160, M4-50, etc) so that we can read specifically what applies to your property?

Several places in my restrictions there is the phrase, "written consent of the Developer, or an architectural review committee appointed by the Developer." Perhaps the ARC believes that phrase applies to what you had requested.

Regrettably, the ARC approval form has the weasel words (yeah, my description), "(5) THE ARC CAN NOT APPROVE IMPROVEMENTS THAT ARE NOT PERMITTED BY THE RULE OR RESTRICTION SO EVEN IN THE EVENT OF APPROVAL, IT IS THE PROPERTY OWNERS' RESPONSIBILITY TO CONTINUE TO COMPLY WITH THE RESTRICTIONS." So while the ARC approval letter has value, investigation of a future complaint may determine that the approval was inappropriate and the improvement would have to be removed.

If it were me, I would gamble on the ARC approval being honored and I would continue with the work. A more conservative approach might be a conversation with the ARC about your concerns. A most conservative approach would obviously be to not move forward with the work.

[BrianL99]

Originally Posted by RobbyHarris

My approval form has nothing like the sample you gave.
It only talks about water management, drainage etc.

How do I find the name/title of my D.R.? Too lazy to go looking for my paperwork buried somewhere. I looked on tax bill etc and only see my specific property info (lot #). It is district 6. I kinda agree on "just do it".

"just do it"?

170,000 homeowners in The Villages, bought their homes, thinking the home next to them, isn't going to have a "shed" in the back yard or some other type of tacky, ghetto type structures ... but he should "just do it"?

Maybe he should just put a car up on blocks in his driveway too? Maybe a stove-pipe, poking out a side window?

[Bill14564]

Originally Posted by RobbyHarris

My approval form has nothing like the sample you gave.
It only talks about water management, drainage etc.

How do I find the name/title of my D.R.? Too lazy to go looking for my paperwork buried somewhere. I looked on tax bill etc and only see my specific property info (lot #). It is district 6. I kinda agree on "just do it".

Look at the paragraph immediately above your signature on the application/approval form. The paragraph is all in bold and it's all in caps. It starts, "BY SIGNING THIS ARCHITECTURAL REVIEW COMMITTEE APPLICATION FORM..." What I quoted were the final words in that paragraph.

For deed restrictions:
*** Unfortunately, something about my instructions for finding deed restrictions can't be posted.

Basically, go to districtgov.org, search on deed restrictions, then click on the Community Standards link

[Bill14564]

Originally Posted by BrianL99

"just do it"?

170,000 homeowners in The Villages, bought their homes, thinking the home next to them, isn't going to have a "shed" in the back yard or some other type of tacky, ghetto type structures ... but he should "just do it"?

Maybe he should just put a car up on blocks in his driveway too? Maybe a stove-pipe, poking out a side window?

What would you suggest? Perhaps inquire of the standing committee that reviews modification requests and provides approvals then follow their guidance? Or would you suggest the homeowner decide that they are more knowledgeable about the subject than the committee established to be the authority on the subject?

[Papa_lecki]

I think the ARC can over ride the deed restriction, BUT only if the violation is “minor” But that is only for adherence to specification of construction in the deed (e.g. the slope of the roof)
Minor is not defined - a future ARC can probably revoke the override, on the basis that a shed is not minor.
Also, the deed restriction says any storage buildings must be attached to the house - the ARC can not overrule that.

You have ARC approval, you can build, but someone can report you, and if taken to court, you most likely will lose.
Like BrianL said, you will most likely P**$ some neighbors off, and we all agreed to like according to the deed restriction.

[Papa_lecki]

Here’s the paragraph you sign on the ARC application

“ Property owner acknowledges ARC approvals and denials are made in accordance with the District’s adopted Rules,
Standards, and the information supplied by the property owner. It is the property owners’ responsibility to obtain all
necessary permits, governmental approvals and maintain compliance with all governmental laws, water management
district plans, and private restrictions, including but not limited to: building regulations, zoning regulations, plat
requirements, permitting, and declaration of restrictions (collectively, the “Laws”). The Village Community Development
Districts (the “Districts”) and ARC shall have no liability or obligation to determine whether the requested improvements,
changes, alterations or additions comply with the Laws. Property owner shall indemnify and hold harmless the Districts,
ARC, and their principals for any claims arising from property owner’s construction of any improvements to their
property. Without limiting the foregoing, ARC approval in no way modifies the property owners’ responsibility or
liability to maintain designated storm water flow paths and avoid encroachments into easement areas.”

[Bill14564]

Originally Posted by Papa_lecki

Here’s the paragraph you sign on the ARC application

“ Property owner acknowledges ARC approvals and denials are made in accordance with the District’s adopted Rules,
Standards, and the information supplied by the property owner. It is the property owners’ responsibility to obtain all
necessary permits, governmental approvals and maintain compliance with all governmental laws, water management
district plans, and private restrictions, including but not limited to: building regulations, zoning regulations, plat
requirements, permitting, and declaration of restrictions (collectively, the “Laws”). The Village Community Development
Districts (the “Districts”) and ARC shall have no liability or obligation to determine whether the requested improvements,
changes, alterations or additions comply with the Laws. Property owner shall indemnify and hold harmless the Districts,
ARC, and their principals for any claims arising from property owner’s construction of any improvements to their
property. Without limiting the foregoing, ARC approval in no way modifies the property owners’ responsibility or
liability to maintain designated storm water flow paths and avoid encroachments into easement areas.”

Strange language.

ARC approvals and denials are made in accordance with the District’s adopted Rules, Standards, and the information supplied by the property owner

The District's adopted Rules and Standards are the District's understanding and enforcement of the deed restrictions.
But later in the same paragraph it is explained that the deed restrictions are part of "the Laws" and:

ARC shall have no liability or obligation to determine whether the requested improvements, changes, alterations or additions comply with the Laws.

If the ARC shall have no obligation to determine whether the requested improvements... comply with the deed restrictions (the Laws) then how can they assert that their approvals and denials are made in accordance with the District's adopted Rules which ARE the deed restrictions???

[CarlR33]

Originally Posted by villagetinker

I am guessing that ARC missed the 'no sheds allowed' deed restriction. IMHO, I would point this out and get clarification in writing if they continue to approve. No idea if this would help if the deed restriction was enforced, but from what I have seen on this site and others deed restrictions are rarely enforced, the developer appears to have no interest in enforcement.

I find it hard to believe ARC approved something that went against the Deed which should have been a part of the review. As Tinker said, I would definitely get clarification from your district. We are only speculating. Are you even reading the correct Deed? See link to find your district information and screen shot of the Architectural review explained, etc.
Residential Districts - The Villages Community Development Districts

[Taltarzac725]

Originally Posted by RobbyHarris

ARC approved putting a small storage shed in my yard (where it can barely if at all be seen from the street) but the deed restrictions don't seem to allow it. Who wins? ARC or DEED? It's not a Villa.

What District are you in?

[OrangeBlossomBaby]

Originally Posted by RobbyHarris

ARC approved putting a small storage shed in my yard (where it can barely if at all be seen from the street) but the deed restrictions don't seem to allow it. Who wins? ARC or DEED? It's not a Villa.

Originally Posted by RobbyHarris

I did a search here for (specifically) SHEDS and there were a couple but nothing definitive or with any after-the-fact problems and they were quite old.

Originally Posted by RobbyHarris

My approval form has nothing like the sample you gave.
It only talks about water management, drainage etc.

How do I find the name/title of my D.R.? Too lazy to go looking for my paperwork buried somewhere. I looked on tax bill etc and only see my specific property info (lot #). It is district 6. I kinda agree on "just do it".

So, you knew that exterior structures not attached to the HOUSE (not the patio) were not allowed per the deed restrictions, but you went ahead and submitted a request to ARC anyway. And now, you KNOW that one says you can't, and the other says you can.

Sounds to me like when I was a kid, and asked dad if I could go out to play before I finished my homework and he said no, so I went and asked mom, and she said yes. But I was worried dad would find out that I disobeyed him, and asked my sister what she thought I should do.

Sounds to me like you already know that you aren't supposed to have external structures on your property that aren't attached to the house, and you're looking to get away with doing it anyway.

Good luck. My advice: don't be that neighbor. No one wants a neighbor like that, here. With a tacky pink flamingo on the front lawn, at least you can move it to the back yard and it'll be in compliance. Or you can throw it away and it's just $20 in the trash. A shed is significantly more expensive, will result in the destruction of however many square feet of yard it sits on, and is much more likely to **** off your neighbors.

[Babbs1957]

I saw another post about a drone flying low over houses, probably looking for violations and not damaged roofs.

[RobbyHarris]

Originally Posted by BrianL99

"just do it"?

170,000 homeowners in The Villages, bought their homes, thinking the home next to them, isn't going to have a "shed" in the back yard or some other type of tacky, ghetto type structures ... but he should "just do it"?

Maybe he should just put a car up on blocks in his driveway too? Maybe a stove-pipe, poking out a side window?

LOL, there are more "sheds" than you may think. Besides. It was properly APPROVED by going through the PROPER CHANNELS.

[RobbyHarris]

Originally Posted by Babbs1957

I saw another post about a drone flying low over houses, probably looking for violations and not damaged roofs.

. Nah. I was the 2 ladies in the golf cart with the clipboards that have now gone high-tech.

[RobbyHarris]

Originally Posted by OrangeBlossomBaby

So, you knew that exterior structures not attached to the HOUSE (not the patio) were not allowed per the deed restrictions, but you went ahead and submitted a request to ARC anyway. And now, you KNOW that one says you can't, and the other says you can..

Mom, you "assume" a lot without any knowledge of what your assumptions are based on. First of all, I had no idea it wasn't allowed because I have seen a few of them (not sure if they were approved or not) often next to outdoor large grills that are almost as big as the shed and I sent in the app ASSUMING it would be rejected, which it was not. The other (incorrect) assumption you are making is that it will not be attached to the house. Never said it would or wouldn't be but in my app I specifically said it would be attached to the house as well as the concrete. I guess assumptions are like opinions. .

I also didn't ask you (or anyone for that matter) for judgment on my decision to own one, just whether ARC decisions trumps DEED RESTRICTIONS, but yea, this is the internet. In fact, the last time I saw my D.R. was in 2017 when we moved in. Still looking for them. Probably in a box in the attic.

[RobbyHarris]

Originally Posted by Bill14564

Look at the paragraph immediately above your signature on the application/approval form.

. Yes, I see it. Your first post said APPROVAL form, it's not on that, but it is on the application form as you just added.