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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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Too many restrictions
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Does ARC have pre approved ideas?
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If I simply want to do landscaping in my backyard, does the ARC provide any pre approved plans or do you have to submit for everything? I guess I'm trying to pick the right plants/design instead of multiple submissions because I picked the wrong thing. |
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