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-   -   Does TV have Too many deed restrictions. (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/does-tv-have-too-many-deed-restrictions-350012/)

dewilson58 05-14-2024 08:42 AM

Quote:

Originally Posted by sallyg (Post 2331109)
Few restrictions are enforced and few are followed. What difference does any of it make?

OR

Many are followed, few are violated.

:mornincoffee:

G.R.I.T.S. 05-14-2024 09:16 AM

Quote:

Originally Posted by JGibson (Post 2330890)
Deed restrictions are necessary so TV doesn't turn into a flop house but in your opinion do they take it a little TOO far and TOO restrictive.

Sometimes I feel like I'm renting opposed to being a homeowner in TV with not being able to put any small personal touches to my home.

I realize if I don't like it I can move or I should've not moved here if I didn't like the restrictions so I will save those opinions from a couple of key strokes.

I do talk to a lot of folks in nearby retirement communities and when I ask them why they didn't buy in TV they all have the same answer, "too many deed restrictions"

Thoughts?

No.

JGibson 05-14-2024 09:35 AM

Quote:

Originally Posted by Jim 9922 (Post 2330910)
Generally, the deed restrictions are a hodge podge of restrictions that have evolved over the years and thus vary somewhat in different areas. To me they seem to be a bureaucrat's delight with prompt and strict enforcement of the petty items and delayed, partial, or ignoring of the more serious and significant problems. Usually there is quick action or dire results for a little white cross, or for using last year's color chart to paint your home, a bird bath without flowing water, or for some violation created 15 years and 2 previous owners ago, etc. On the other hand, anything that may need possible legal action, or a real effort to enforce is partially addressed, delayed or seemingly ignored until it hopefully goes away on its own. And, it seems fines, assessments and reimbursement of costs on many major problems are eventually greatly reduced or forgiven. Abandoned properties, junker cars, extended stay of minor children, very short-term rentals, disruptive businesses operated out of a residential home all come to mind as violations that should be as sternly and quickly enforced as the "little white cross problem" seemingly is.

On the other hand, there are many examples of gaps in tasteful restrictions. It seems that in many areas you can cover your driveway with any material and whatever color you want and with whatever picture or design you desire, including a BIG white cross (if you so wanted), or fly obnoxious flags, or post obscene signs in your windows, or have whatever characters or words displayed and hanging from your lamp posts.

I am happy to reside in an area with few minor restrictions. The few garden ornaments displayed by the neighbors seem to be a tasteful reflection of the personalities and interests. And best of all we aren't tattling at each other for petty "violations".

A bit of irony concerning some of the restrictions applicable to residential areas apparently do not apply to the town squares, where it becomes part of the "ambiance" and "cultural esthetics" of the area. Broken down inoperable trucks, rusty gas pumps and other equipment, "faded" and "bleached" signs and murals, statues and sculptures, all come to mind. But heck, I like it the way they did it.

Fantastic well thought out post.

Jpetraus 05-14-2024 10:28 AM

I like having the amount of deed restrictions.

Velvet 05-14-2024 10:40 AM

Quote:

Originally Posted by JGibson (Post 2330890)
Deed restrictions are necessary so TV doesn't turn into a flop house but in your opinion do they take it a little TOO far and TOO restrictive.

Sometimes I feel like I'm renting opposed to being a homeowner in TV with not being able to put any small personal touches to my home.

I realize if I don't like it I can move or I should've not moved here if I didn't like the restrictions so I will save those opinions from a couple of key strokes.

I do talk to a lot of folks in nearby retirement communities and when I ask them why they didn't buy in TV they all have the same answer, "too many deed restrictions"

Thoughts?

And, so happy that those type of people don’t buy here. Bad fit, like a ballerina trying to be a football player.

LianneMigiano 05-14-2024 11:04 AM

Restrictions would be OK if they were consistent throughout the community!
 
NO CONSISTENCY HERE! We can't even change the exterior color of our home (in a neighborhood of 110 gray homes)! Very few, if any, of the newer courtyard villa neighborhoods are all ONE color. There is a really nice color pallet to guide Villagers - but we don't even have THAT choice. In order to change that neighborhood rule, we need 80%+ owners' signatures to agree to allow change - a near impossibility! Does anyone know of another place in our country where 80% is needed to change anything???

Velvet 05-14-2024 11:11 AM

Quote:

Originally Posted by LianneMigiano (Post 2331190)
NO CONSISTENCY HERE! We can't even change the exterior color of our home (in a neighborhood of 110 gray homes)! Very few, if any, of the newer courtyard villa neighborhoods are all ONE color. There is a really nice color pallet to guide Villagers - but we don't even have THAT choice. In order to change that neighborhood rule, we need 80%+ owners' signatures to agree to allow change - a near impossibility! Does anyone know of another place in our country where 80% is needed to change anything???

Most places you can paint your door rainbow if you want no signatures required, so why would you buy here? It’s like going into a sporting store and expect to be buying groceries.

fdpaq0580 05-14-2024 11:11 AM

Quote:

Originally Posted by retiredguy123 (Post 2330949)
The courtyard villas have a deed restriction that prohibits homeowners from parking their vehicles in the visitor parking spaces. But, when I complained to the deed compliance office about a non-homeowner, a non-resident, and a non-visitor parked/stored a vehicle in a visitor space for almost a year, the answer I got was that he was not violating the deed restriction because he was not a homeowner. Go figure.

Free RV storage?

fdpaq0580 05-14-2024 11:19 AM

Quote:

Originally Posted by Velvet (Post 2331192)
Most places you can paint your door rainbow if you want no signatures required, so why would you buy here? It’s like going into a sporting store and expect to be buying groceries.

While I agree, I think a more accurate analogy might be going into a shoe store expecting to to find shoes in more than one color.

fdpaq0580 05-14-2024 11:25 AM

Quote:

Originally Posted by MrFlorida (Post 2331097)
Deed restrictions are good, they keep the place from looking like a circus. Can't believe the junk people put on their lawns.

I can't believe the stuff people put on my lawn! 🤬

Bellavita 05-14-2024 12:23 PM

If someone answers there are many then they are not aware of what they are and how they regulate them. They do t unless some turns you in? Crazy huh like my friend who asked if she needed Peyton remove a tree. No she didn’t to remove it but will need permission to replant one 😳
Quote:

Originally Posted by JGibson (Post 2330890)
Deed restrictions are necessary so TV doesn't turn into a flop house but in your opinion do they take it a little TOO far and TOO restrictive.

Sometimes I feel like I'm renting opposed to being a homeowner in TV with not being able to put any small personal touches to my home.

I realize if I don't like it I can move or I should've not moved here if I didn't like the restrictions so I will save those opinions from a couple of key strokes.

I do talk to a lot of folks in nearby retirement communities and when I ask them why they didn't buy in TV they all have the same answer, "too many deed restrictions"

Thoughts?


fdpaq0580 05-14-2024 12:55 PM

We appreciate the deed restrictions for help keep our neighborhoods neat and well maintained. That said, TV isn't perfect. There are homes that were built and sold, so I have read here, that were out of compliance when they were originally purchased. There are homes that have been out of compliance for years, even having gone through more than one owner. Many of these should be, imo, grandfathered unless they pose a hazard or violate lot boundaries since, thus far, there have been no complaints.

Cybersprings 05-14-2024 03:01 PM

Quote:

Originally Posted by JGibson (Post 2330890)
Deed restrictions are necessary so TV doesn't turn into a flop house but in your opinion do they take it a little TOO far and TOO restrictive.

Sometimes I feel like I'm renting opposed to being a homeowner in TV with not being able to put any small personal touches to my home.

I realize if I don't like it I can move or I should've not moved here if I didn't like the restrictions so I will save those opinions from a couple of key strokes.

I do talk to a lot of folks in nearby retirement communities and when I ask them why they didn't buy in TV they all have the same answer, "too many deed restrictions"

Thoughts?


I don't know if there are too many restrictions but there is at least one bad one. I was at the ARC review for my landscape application and listened to them cover several re-roofing applications. Not the exact same shingle as the original - denied with no discussion. Original color not available and not the closest possible shade to the original - denied no discussion. The fact that you can't change your shingle color to any from an approved palette is ridiculous. People's comments about it turning into a ghetto if the exact same shingle not reapplied make as much sense as comments on so many other areas. And sorry, I had a lot more important things going on during the tumultuous purchase to study the deeds and find out I could never change the color of my roof. And no one in their right mind would make such a rule or expect such a rule.

fdpaq0580 05-14-2024 03:45 PM

Quote:

Originally Posted by Cybersprings (Post 2331253)
I don't know if there are too many restrictions but there is at least one bad one. I was at the ARC review for my landscape application and listened to them cover several re-roofing applications. Not the exact same shingle as the original - denied with no discussion. Original color not available and not the closest possible shade to the original - denied no discussion. The fact that you can't change your shingle color to any from an approved palette is ridiculous. People's comments about it turning into a ghetto if the exact same shingle not reapplied make as much sense as comments on so many other areas. And sorry, I had a lot more important things going on during the tumultuous purchase to study the deeds and find out I could never change the color of my roof. And no one in their right mind would make such a rule or expect such a rule.

I must agree that sometimes a restriction may seem strict beyond reason. There should always be a chance for discussion. "Must be the same shingle" is like saying the sprinkler heads must be the same color/type. What happens when a shingle mfg decides to discontinue that "exact" shingle? Or house paint color is discontinued? Do the rules still apply? Do the new tiles have to match the color of the old faded ones, or can they look new?
Of course, the otherside is, if you grant even one request for a change, however minor or insignificant it may seem, you have set a precedent. The dam has been breached.

Jim 9922 05-14-2024 03:53 PM

Quote:

Originally Posted by Cybersprings (Post 2331253)
I don't know if there are too many restrictions but there is at least one bad one. I was at the ARC review for my landscape application and listened to them cover several re-roofing applications. Not the exact same shingle as the original - denied with no discussion. Original color not available and not the closest possible shade to the original - denied no discussion. --------- .

But, you may slap a solar water heater or electrical grid contraption on your roof wherever and more or less however you wish with no consideration for materials, color, harmonious alignment or size in relation to the roof area on which it is being applied to, and who cares about the ugly piping and wiring conduits running all over and down the roof and along the eves --- NO problem at all for the ARC to approve. Who cares that the neighbors have to look at that mess every day.

FriscoKid 05-14-2024 04:50 PM

No, TV does not have too many deed restrictions. I looked at them before I bought and thought them to be reasonable.

HoosierPa 05-14-2024 09:01 PM

Quick answer is NO they do not
take it too far.

MikeVillages 05-15-2024 10:32 AM

Quote:

Originally Posted by JGibson (Post 2330890)
Deed restrictions are necessary so TV doesn't turn into a flop house but in your opinion do they take it a little TOO far and TOO restrictive. ... Thoughts?

I agree.
Some Deed Restrictions are BOGUS !!!
I understand the need for deed restrictions and most are common sense. However a few are misleading, ridiculous, or a violation of the law.

2.15
"Aerials, satellite reception dishes, and antennas of ony kind are prohibited within the Subdivision to the extent allowed by law. The location of any approved device will be previously approved by the Developer in writing."
Both missleading & false: Federal law prohibit deed restrictions from prohibiting nor requiring pre-approval for antennas receiving OTA television singles.

2.19
"All Owners shall notify the Developer when leaving their propeny for more than a 7-day pcriod and shall simultaneously advise the Developer as to their intended return dale."
Does anyone actually follow this restrictions? Let us know if you do.

2.23
"Birds, fish, dogs and cats shall be permitted, with a maximum of two (2) pets per Lot."
Does this mean if we have two goldfish, we cannot have a dog or cat?

2.26
"The hanging of clothes or clothes lines or poles is prohibi!cd to the extent allowed by law."
Misleading. This restriction is a violation of Florida law

3.3
"No Lot may be used as ingress and egress to any other property or tum inlo a road by anyone other than the Developer."
An excellent, common sense restriction.

coffeebean 05-15-2024 04:02 PM

Quote:

Originally Posted by LianneMigiano (Post 2331190)
NO CONSISTENCY HERE! We can't even change the exterior color of our home (in a neighborhood of 110 gray homes)! Very few, if any, of the newer courtyard villa neighborhoods are all ONE color. There is a really nice color pallet to guide Villagers - but we don't even have THAT choice. In order to change that neighborhood rule, we need 80%+ owners' signatures to agree to allow change - a near impossibility! Does anyone know of another place in our country where 80% is needed to change anything???

Did you like the look of all grey homes before you purchased in your neighborhood? Just wondering.

fdpaq0580 05-15-2024 09:42 PM

Quote:

Originally Posted by Jim 9922 (Post 2331266)
But, you may slap a solar water heater or electrical grid contraption on your roof wherever and more or less however you wish with no consideration for materials, color, harmonious alignment or size in relation to the roof area on which it is being applied to, and who cares about the ugly piping and wiring conduits running all over and down the roof and along the eves --- NO problem at all for the ARC to approve. Who cares that the neighbors have to look at that mess every day.

Unless you are a roofer, or have a leak, who looks at roofs?

JGibson 05-16-2024 08:50 AM

Quote:

Originally Posted by LianneMigiano (Post 2331190)
NO CONSISTENCY HERE! We can't even change the exterior color of our home (in a neighborhood of 110 gray homes)! Very few, if any, of the newer courtyard villa neighborhoods are all ONE color. There is a really nice color pallet to guide Villagers - but we don't even have THAT choice. In order to change that neighborhood rule, we need 80%+ owners' signatures to agree to allow change - a near impossibility! Does anyone know of another place in our country where 80% is needed to change anything???

How were they able to reverse needing ARC approval for removal of trees?

Bill14564 05-16-2024 09:30 AM

Quote:

Originally Posted by JGibson (Post 2331820)
How were they able to reverse needing ARC approval for removal of trees?

The ARC has recently been changing the requirement concerning removing trees. I believe this may have been due to a change in the Florida law regarding what municipalities could require.

Basically, it didn't make sense to require ARC approval if you already had an arborist's determination as required by the county. Was the ARC going to second guess the licensed professional about the health or safety of the tree? So at least in some CDDs (all are different, be sure to check yours) the ARC now defers to the county - if it is okay with the county then it is okay with the ARC.

NOTE: Even though ARC approval is no longer required there still may county requirements that need to be satisfied. Another thread strongly suggested checking with a professional before removing any trees.

OrangeBlossomBaby 05-16-2024 10:04 AM

Quote:

Originally Posted by Cybersprings (Post 2331253)
I don't know if there are too many restrictions but there is at least one bad one. I was at the ARC review for my landscape application and listened to them cover several re-roofing applications. Not the exact same shingle as the original - denied with no discussion. Original color not available and not the closest possible shade to the original - denied no discussion. The fact that you can't change your shingle color to any from an approved palette is ridiculous. People's comments about it turning into a ghetto if the exact same shingle not reapplied make as much sense as comments on so many other areas. And sorry, I had a lot more important things going on during the tumultuous purchase to study the deeds and find out I could never change the color of my roof. And no one in their right mind would make such a rule or expect such a rule.

My parents live in a gated community of single-family homes. They are -required- to replace their roofs at certain intervals, and they are -required- to replace them with the exact same terracotta tile as everyone else in the community. There is a palate of colors they can choose to paint their houses - four possible colors. But they are not -allowed- to paint their house the same color as the house immediately next to theirs. So if the house to their right is painted "pale dusty mauve" and the house to the left is "pale dusty yellow" then their only options left are "pale dusty beige" or "pale dusty grey."

What's worse, is that most of the streets in each neighborhood have the same name. Cherry Blossom Street, Cherry Blossom Way, Cherry Blossom Court - and all the houses look similar. Very easy to get lost there.

fdpaq0580 05-16-2024 04:14 PM

Quote:

Originally Posted by OrangeBlossomBaby (Post 2331841)
My parents live in a gated community of single-family homes. They are -required- to replace their roofs at certain intervals, and they are -required- to replace them with the exact same terracotta tile as everyone else in the community. There is a palate of colors they can choose to paint their houses - four possible colors. But they are not -allowed- to paint their house the same color as the house immediately next to theirs. So if the house to their right is painted "pale dusty mauve" and the house to the left is "pale dusty yellow" then their only options left are "pale dusty beige" or "pale dusty grey."

What's worse, is that most of the streets in each neighborhood have the same name. Cherry Blossom Street, Cherry Blossom Way, Cherry Blossom Court - and all the houses look similar. Very easy to get lost there.

Clone City? The only part of that place that sounds OK to me is the tile roofs. I like Terracotta tile.

Velvet 05-16-2024 10:51 PM

Homogeneity brings a sense of comfort and safety but too much of it can be boring and stifling. Happy is somewhere between variety and homogeneity.

(I guess in OBB’s parents’ community, rebels need not apply.)

graciegirl 05-17-2024 12:49 AM

In answer to the original question on this thread, no I think the restrictions are just right and they keep all those who believe they have good taste from making this place look yucky and destroying the property values.

The trees issue changed when there was a change in tree protection that was from the State or the Something River authority that manages that issue.

One of the reasons this place is so absolutely sought after is that the restrictions keep things looking nice. I know many sought a place with these kinds of deed restrictions because they had previously lived in a similar place and it worked.

KAM+6 05-17-2024 07:23 AM

In
Quote:

Originally Posted by Cybersprings (Post 2331253)
I don't know if there are too many restrictions but there is at least one bad one. I was at the ARC review for my landscape application and listened to them cover several re-roofing applications. Not the exact same shingle as the original - denied with no discussion. Original color not available and not the closest possible shade to the original - denied no discussion. The fact that you can't change your shingle color to any from an approved palette is ridiculous. People's comments about it turning into a ghetto if the exact same shingle not reapplied make as much sense as comments on so many other areas. And sorry, I had a lot more important things going on during the tumultuous purchase to study the deeds and find out I could never change the color of my roof. And no one in their right mind would make such a rule or expect such a rule.

I just had my roof reshingled and ARC approved a "morai black" , originally light brown. Hate those black algae streaks. Installer handled all permits.

JGibson 05-18-2024 10:06 AM

Quote:

Originally Posted by KAM+6 (Post 2332054)
In

I just had my roof reshingled and ARC approved a "morai black" , originally light brown. Hate those black algae streaks. Installer handled all permits.

Did you hear about the guy who got ARC approval for a roof and the residents complained and now they’re reevaluating the roof?

So even getting ARC approval doesn't make you safe.

Bill14564 05-18-2024 10:23 AM

Quote:

Originally Posted by JGibson (Post 2332433)
Did you hear about the guy who got ARC approval for a roof and the residents complained and now they’re reevaluating the roof?

So even getting ARC approval doesn't make you safe.

No, didn't hear about that. Can you point to an article to reference or an address to look up the approval?

tophcfa 05-18-2024 10:28 AM

Quote:

Originally Posted by graciegirl (Post 2332026)
In answer to the original question on this thread, no I think the restrictions are just right and they keep all those who believe they have good taste from making this place look yucky and destroying the property values.

One of the reasons this place is so absolutely sought after is that the restrictions keep things looking nice. I know many sought a place with these kinds of deed restrictions because they had previously lived in a similar place and it worked.

I totally agree with the above as it relates to external deed restrictions (outside of the home). Unfortunately, it’s a hypocritical double standard to only enforce external deed restrictions and ignore internal restrictions such as single family only usage, running a business out of a home, and no residents under 21. What’s the point of having a beautifully manicured neighborhood in a retirement community, when the neighborhood is being disrupted by activities that are not in harmony with intended usage? Selective enforcement of restrictions discredits the reason for having the them in the first place!

fdpaq0580 05-18-2024 10:38 AM

Quote:

Originally Posted by JGibson (Post 2332433)
Did you hear about the guy who got ARC approval for a roof and the residents complained and now they’re reevaluating the roof?

So even getting ARC approval doesn't make you safe.

Did not hear about that. What was the complaint about?
So ARC, the governing body, approves the roof. Other residents complain that, what, new roof makes theirs look bad by comparison? Sounds like the whiners have an issue with ARC. Don't involve the guy that jumped thru the hoops to get roof fixed.

Bill14564 05-18-2024 10:51 AM

Quote:

Originally Posted by tophcfa (Post 2332439)
I totally agree with the above as it relates to external deed restrictions (outside of the home). Unfortunately, it’s a hypocritical double standard to only enforce external deed restrictions and ignore internal restrictions such as single family only usage, running a business out of a home, and no residents under 21. What’s the point of having a beautifully manicured neighborhood in a retirement community, when the neighborhood is being disrupted by activities that are not in harmony with intended usage? Selective enforcement of restrictions discredits the reason for having the them in the first place!

EDIT: Below applies to CDD10 as well as many others. However, as is pointed out in a more recent post, the CDD1 restrictions are significantly different.

Again, not a deed restriction, not necessarily a deed restriction, and not a deed restriction.

Again, no selective enforcement by the CDD; to the best of my knowledge, every CDD attempts to enforce every violation brought to their attention. Internal restrictions are the purview of the Developer *IF* they choose to act. Homeowners are obligated to enforce deed restrictions, perhaps the inaction of the homeowners is the selective enforcement you are referring to?

OrangeBlossomBaby 05-18-2024 01:05 PM

Quote:

Originally Posted by tophcfa (Post 2332439)
I totally agree with the above as it relates to external deed restrictions (outside of the home). Unfortunately, it’s a hypocritical double standard to only enforce external deed restrictions and ignore internal restrictions such as single family only usage, running a business out of a home, and no residents under 21. What’s the point of having a beautifully manicured neighborhood in a retirement community, when the neighborhood is being disrupted by activities that are not in harmony with intended usage? Selective enforcement of restrictions discredits the reason for having the them in the first place!

The first and third restriction you specify aren't deed restrictions in The Villages. Unless you're just using generic hypotheticals?

tophcfa 05-18-2024 02:03 PM

Quote:

Originally Posted by tophcfa (Post 2332439)
I totally agree with the above as it relates to external deed restrictions (outside of the home). Unfortunately, it’s a hypocritical double standard to only enforce external deed restrictions and ignore internal restrictions such as single family only usage, running a business out of a home, and no residents under 21. What’s the point of having a beautifully manicured neighborhood in a retirement community, when the neighborhood is being disrupted by activities that are not in harmony with intended usage? Selective enforcement of restrictions discredits the reason for having the them in the first place!

Quote:

Originally Posted by Bill14564 (Post 2332445)
Again, not a deed restriction, not necessarily a deed restriction, and not a deed restriction.

Again, no selective enforcement by the CDD; to the best of my knowledge, every CDD attempts to enforce every violation brought to their attention. Internal restrictions are the purview of the Developer *IF* they choose to act. Homeowners are obligated to enforce deed restrictions, perhaps the inaction of the homeowners is the selective enforcement you are referring to?

Quote:

Originally Posted by OrangeBlossomBaby (Post 2332476)
The first and third restriction you specify aren't deed restrictions in The Villages. Unless you're just using generic hypotheticals?

I don’t claim to know the deed restrictions in any other district except for the one we live in. That being said, I respectfully disagree with both of you that any of the restrictions I mentioned are not deed restrictions in my district (as they pertain to homes, not villas), which is CDD1. I do stand corrected about residents under 21 not being allowed, it’s under 19 years old. I suppose what constitutes single family use and running a business out of one’s home is subject to interpretation, but both are most definitely deed restrictions. I do clearly understand that the developer enforces internal deed restrictions at their option. However, I stand by my claim that selectively enforcing restrictions (exercising an option to not enforce certain restrictions) discredits the reason of having them in the first place.

I disagree that homeowners are obligated to enforce deed restrictions. Homeowners have the option to REPORT deed restrictions to the authority that is charged with enforcement. The CDD’s have an OBLIGATION to enforce reported deed restrictions that are external to the home. The developer has the OPTION to enforce reported deed restrictions that are internal to the home. Therein lies the problem. There should be no OPTION to enforce any reported deed restrictions, that is what discredits the whole system.

Bill14564 05-18-2024 02:14 PM

Quote:

Originally Posted by tophcfa (Post 2332500)
I don’t claim to know the deed restrictions in any other district except for the one we live in. That being said, I respectfully disagree with both of you that any of the restrictions I mentioned are not deed restrictions in my district (as they pertain to homes, not villas), which is CDD1. I do stand corrected about residents under 21 not being allowed, it’s under 19 years old. I suppose what constitutes single family use and running a business out of one’s home is subject to interpretation, but both are most definitely deed restrictions. I do clearly understand that the developer enforces internal deed restrictions at their option. However, I stand by my claim that selectively enforcing restrictions (exercising an option to not enforce certain restrictions) discredits the reason of having them in the first place.

I disagree that homeowners are obligated to enforce deed restrictions. Homeowners have the option to REPORT deed restrictions to the authority that is charged with enforcement. The CDD’s have an OBLIGATION to enforce reported deed restrictions that are external to the home. The developer has the OPTION to enforce reported deed restrictions that are internal to the home. Therein lies the problem. There should be no OPTION to enforce any reported deed restrictions, that is what discredits the whole system.

Yes, there are several significant changes between CDD1 and others including CDD10. From the CDD 10-201 restrictions:

Only certain commercial activities are prohibited:
2.10 Properties within the Subdivision are intended for residential use and no commercial, professional or similar activity requiring either maintaining an inventory, equipment or customer/client visits may be conducted in a Home or on a Homesite
The owners have a duty to prosecute violations while the Developer has the right but not the duty to enforce:
All Owners shall have the right and duty to prosecute in proceedings at law or in equity against any person or persons violating or attempting to violate any covenants, conditions or reservations, either to prevent him or them from so doing, or to recover damages or any property charges for such violation. The cost of such proceedings, including a reasonable attorney's fee, shall be paid by the party losing said suit. ln addition, the Developer shall also have the right but not the duty to enforce any such covenants, conditions or reservations as though Developer were the Owner of the Homesite, including the right to recover reasonable attorney's fees and costs. Developer may assign its right to enforce these covenants, conditions or reservations and to recover reasonable attorney's fees and costs to a person, committee, or governmental entity.

Byte1 05-18-2024 02:54 PM

Interesting that the newer the district, the stricter the deed restrictions. Interesting that the old districts with the least strict deed restrictions have absolutely NO/NO problem selling their homes for a satisfying profit. When I first arrived in The Villages, I looked at a village of court yard villas and immediately told the agent that there was no way in h3ll that I was interested in living in one of those. They were ALL/ALL gray and looked like base housing on a Navy installation. Let's face it, some districts have deed restrictions that go to the extreme. I enjoy driving through my village where every home is personalized with the home owners idea of what is pleasing to (their) the eye. I fail to see why it is anyone's obligation to please someone else, when it is the owner that is paying quite a sum to purchase in the Villages. I absolutely did NOT purchase in the Villages because of the deed restrictions. I purchased because the Villages has a multitude of things to do and "normally" very friendly residents. At least they were friendly when I purchased over a decade ago. I have no problem with my deed restrictions because they are minor guides that allow personalization without infringing on a residents creativity.
The question was related to the Villages having too many deed restrictions. Not where I live, but I wouldn't live further South in the Villages, if they gave me a new home at the same low price I originally paid for this one. I am an adult and do NOT need or want someone else making decisions for me. And I do not care if my neighbor does not like the color of my car or whether or not I wear a T shirt in the yard when I am landscaping. Don't worry, I wear a collared shirt when I play golf.

MikeVillages 05-18-2024 03:01 PM

Read the 4 dead restrictions in post #58. Two of them violate the law and the other two are ridiculous. Check if your area has similar ones. I expect everyone in TV has violated at least one. Let us know if you have NOT violated any or would NOT have violated any if your area had then.

Bogie Shooter 05-18-2024 03:19 PM

Quote:

Originally Posted by Byte1 (Post 2332510)
Interesting that the newer the district, the stricter the deed restrictions. Interesting that the old districts with the least strict deed restrictions have absolutely NO/NO problem selling their homes for a satisfying profit. When I first arrived in The Villages, I looked at a village of court yard villas and immediately told the agent that there was no way in h3ll that I was interested in living in one of those. They were ALL/ALL gray and looked like base housing on a Navy installation. Let's face it, some districts have deed restrictions that go to the extreme. I enjoy driving through my village where every home is personalized with the home owners idea of what is pleasing to (their) the eye. I fail to see why it is anyone's obligation to please someone else, when it is the owner that is paying quite a sum to purchase in the Villages. I absolutely did NOT purchase in the Villages because of the deed restrictions. I purchased because the Villages has a multitude of things to do and "normally" very friendly residents. At least they were friendly when I purchased over a decade ago. I have no problem with my deed restrictions because they are minor guides that allow personalization without infringing on a residents creativity.
The question was related to the Villages having too many deed restrictions. Not where I live, but I wouldn't live further South in the Villages, if they gave me a new home at the same low price I originally paid for this one. I am an adult and do NOT need or want someone else making decisions for me. And I do not care if my neighbor does not like the color of my car or whether or not I wear a T shirt in the yard when I am landscaping. Don't worry, I wear a collared shirt when I play golf.

Which village has a restriction on car color and T shirt wearing?

JMintzer 05-19-2024 01:45 PM

Quote:

Originally Posted by Byte1 (Post 2332510)
Interesting that the newer the district, the stricter the deed restrictions. Interesting that the old districts with the least strict deed restrictions have absolutely NO/NO problem selling their homes for a satisfying profit. When I first arrived in The Villages, I looked at a village of court yard villas and immediately told the agent that there was no way in h3ll that I was interested in living in one of those. They were ALL/ALL gray and looked like base housing on a Navy installation. Let's face it, some districts have deed restrictions that go to the extreme. I enjoy driving through my village where every home is personalized with the home owners idea of what is pleasing to (their) the eye. I fail to see why it is anyone's obligation to please someone else, when it is the owner that is paying quite a sum to purchase in the Villages. I absolutely did NOT purchase in the Villages because of the deed restrictions. I purchased because the Villages has a multitude of things to do and "normally" very friendly residents. At least they were friendly when I purchased over a decade ago. I have no problem with my deed restrictions because they are minor guides that allow personalization without infringing on a residents creativity.
The question was related to the Villages having too many deed restrictions. Not where I live, but I wouldn't live further South in the Villages, if they gave me a new home at the same low price I originally paid for this one. I am an adult and do NOT need or want someone else making decisions for me. And I do not care if my neighbor does not like the color of my car or whether or not I wear a T shirt in the yard when I am landscaping. Don't worry, I wear a collared shirt when I play golf.

The reason for the "satisfying profit" is that they bought decades ago, when prices were much lower...

If you compare "square/ft prices" throughout TV, they are all pretty close (and yes, I know there are some crazy outliers...), unless you have a premium lot...

bmcgowan13 05-19-2024 08:15 PM

Quote:

Originally Posted by MikeVillages (Post 2332511)
Read the 4 dead restrictions in post #58. Two of them violate the law and the other two are ridiculous.

Confusing for sure...but they kind of have a purpose.

These are commonly referred to as "zombie laws." They are put on the books knowing they are unenforceable (under today's laws) but they will return to life when/if a Court changes the law. "...prohibited within the Subdivision to the extent allowed by law" Is legalese for the zombie laws.

Think of the current abortion statues that were passed by states (even in recent years!) knowing they were unconstitutional at the time. Last year the SCOTUS reinterpreted the law--and then all those "zombie laws" (think Arizona's 1864 law) are reconstituted and are now immediately enforceable.

Clotheslines/satellite dishes/flag poles are all permitted by Florida law. A clothesline in Florida is considered a "solar collector" so an HOA cannot prohibit them--but if the state law in Florida changes and clotheslines (or satellite dishes or flagpoles) are no longer protected under the statute--the Village's provisions will kick in and clotheslines will be prohibited in the Villages. (FSS 163.04)

And--by placing the provision in our documents the community is allowed to place reasonable restrictions on their use. For instance, although they cannot "prohibit" clotheslines, a community could decide clotheslines cannot be placed in front yards. (FSS 163.04) "..such entity may determine the specific location where solar collectors may be installed..."

If our docs did not address clotheslines at all--anyone could install a clothesline beside their driveway because they are in no way prohibited.

It is not uncommon for HOA's to put these (unenforceable at the time of writing) provisions in the documents to preempt future changes in the statute.

They seem silly at the time for sure. It appears the developer or the author of the docs is out of touch but the lawyers that draft these documents are usually up on the current laws...


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