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Many are followed, few are violated. :mornincoffee: |
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I like having the amount of deed restrictions.
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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???
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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 😳
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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.
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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. |
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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. |
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No, TV does not have too many deed restrictions. I looked at them before I bought and thought them to be reasonable.
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Quick answer is NO they do not
take it too far. |
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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. |
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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. |
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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. |
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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.) |
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. |
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So even getting ARC approval doesn't make you safe. |
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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. |
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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? |
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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. |
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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 HomesiteThe 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. |
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. |
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.
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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... |
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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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