Talk of The Villages Florida

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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Help Needed (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/help-needed-295580/)

retiredguy123 07-21-2019 02:52 PM

I would suggest that, if you do decide to apply to ARC for a permit, as others have suggested, you should carefully read the application information and disclaimers. It clearly states that the permit really doesn't provide any legal or liability protection for yourself. You can get a permit, and someone can still complain about a violation, and you will still be required to fix it. And, ARC does not even inspect completed work to determine if it was done correctly. So, even timely and properly permitted work is suspect to have violations.

ColdNoMore 07-21-2019 03:05 PM

Quote:

Originally Posted by villagetinker (Post 1666077)
This is a potential mine field. If you do nothing and the landscaping is "not approved", you might be held liable by the buyer. If the buyer and their agent are on their toes, they will research all the ARC permits as well as all of the building permits.<...Snip

:agree:

While it might be nice to try to forget about it and hope nothing happens down the line...ignorance is NOT bliss. :shrug:

retiredguy123 07-21-2019 03:24 PM

I guess the real question is that, if you submit an application and it is rejected, are you willing to resubmit and redo your landscaping? If so, then go for it.

OrangeBlossomBaby 07-21-2019 05:04 PM

Isn't there a statute of limitations on this stuff? I mean, if it's been 7 years, no one has complained...and suddenly someone complains and the ARC decides to make you undo the last 7 years worth of growth....

can you threaten to sue them for violating a state regulation regarding some kind of statute of limitations?

I'm not saying you SHOULD sue them but - there has to be some kind of legality regarding this kind of situation. Maybe documents on landscaping permits are only required to go back 4 years, and anything older than that is considered grandfathered or something?

I don't know - it just seems pretty nasty to even consider that someone *could* be put in a situation like that over a bunch of stones and a palm tree that's had 7 years of growth already.

If it is just plants that were planted, I'd blame it on the squirrels and tell the ARC to take it up with them, since the homeowner never gave them permission to do the work :)

Retiring 07-21-2019 05:20 PM

Quote:

Originally Posted by RedChariot (Post 1666020)
Anyone know who I should contact about permits. We were here only 3 months in 2012 when we did a large amount of landscaping. Never thought that we needed permits. Now with home owners having to remove things done years ago, we are getting concerned. Can you tell me if we can get a permit retrospectively?

TIA

It is unlikely ALL the changes you made are against the rules. Some might be. Worst-case scenario, you’re asked to make some minor changes. Nothing the checkbook can’t fix. Whatever they ask you to change (if anything), make the change and sleep well.

Villageswimmer 07-21-2019 05:29 PM

I hope the OP comes back to tell us exactly what this landscaping involved. If it’s just a few plants, there probably is no violation to worry about.

OTOH, If it involved structures, arbors, walls, a patio, etc. that’s another matter. In that case, OP may have been required to apply not only to ARC but to Sumter (or appropriate county) for a building permit and subsequent inspection. If the latter, I’d throw myself at the mercy of the court. It was an honest mistake.

JoMar 07-21-2019 05:38 PM

A few responses here demonstrate why the deed restrictions, ARC approval and the complaint systems are good for the community. There is too much "wild west", this is my property and I will do what I want attitude.

Marathon Man 07-21-2019 08:20 PM

Quote:

Originally Posted by retiredguy123 (Post 1666041)
So, you would apply for a permit to do work that was already completed 7 years ago, and nobody has complained about it?

Yes. And I have. The previous owner of my home was negligent. I, on the other hand, Am a decent person who abides by the contract that I signed.

Marathon Man 07-21-2019 08:22 PM

Quote:

Originally Posted by retiredguy123 (Post 1666092)
I guess the real question is that, if you submit an application and it is rejected, are you willing to resubmit and redo your landscaping? If so, then go for it.

Yep. A decent person would do just that.

mtdjed 07-21-2019 09:06 PM

My question is whether you need to get review for plantings or just for "permanent hardscapes" such as walls, Flagpoles etc. Everybody here buys small plants that can grow into trees. Nobody can be expected to get a permit for a seedling that grows into a tree. I was given a several seedlings as a handout on arbor day in 2007. One survived while the others were mistakenly mowed down. The survivor had reached 30 feet tall and no permit was issued. The story goes on as I found that the survivor needed to go and it is no longer existing. Again, no permit to remove. I realize that there are some limits relative to live oaks but where do the deed restrictions start and end.

If I decide to replace bark mulch with stones, do I need review? If I expand a garden into the yard, do I need a review? I know that ignorance of requirements is not an excuse, but if the requirements are not specific how are they enforced. ie One seedling into a tree in 13 years oK, but what about 5, 10, a yardful.


Does anyone have a copy of this deed compliance document that they could share? I cannot find mine. Thanks.

RedChariot 07-21-2019 09:06 PM

Quote:

Originally Posted by Villageswimmer (Post 1666159)
I hope the OP comes back to tell us exactly what this landscaping involved. If it’s just a few plants, there probably is no violation to worry about.

OTOH, If it involved structures, arbors, walls, a patio, etc. that’s another matter. In that case, OP may have been required to apply not only to ARC but to Sumter (or appropriate county) for a building permit and subsequent inspection. If the latter, I’d throw myself at the mercy of the court. It was an honest mistake.

Perhaps I need to be more clear. Landscaper is well known here in The Villages. It was a brand new house and property. Many many palm trees. Islands on side of property has short stack walls. Curbing encircles all around landscaping on sides and back of house. I don't know if landscaper placed everything within the distance from other houses that is required by code. Is it the correct distance from property lines. Are those islands the correct distance from the street? No neighbor has complained-yet. Just concerned it is going to bite us in the behind when we go to sell it if there was never any ARC review and permits obtained.

CWGUY 07-21-2019 11:45 PM

Quote:

Originally Posted by mtdjed (Post 1666219)
My question is whether you need to get review for plantings or just for "permanent hardscapes" such as walls, Flagpoles etc. Everybody here buys small plants that can grow into trees. Nobody can be expected to get a permit for a seedling that grows into a tree. I was given a several seedlings as a handout on arbor day in 2007. One survived while the others were mistakenly mowed down. The survivor had reached 30 feet tall and no permit was issued. The story goes on as I found that the survivor needed to go and it is no longer existing. Again, no permit to remove. I realize that there are some limits relative to live oaks but where do the deed restrictions start and end.

If I decide to replace bark mulch with stones, do I need review? If I expand a garden into the yard, do I need a review? I know that ignorance of requirements is not an excuse, but if the requirements are not specific how are they enforced. ie One seedling into a tree in 13 years oK, but what about 5, 10, a yardful.


Does anyone have a copy of this deed compliance document that they could share? I cannot find mine. Thanks.

VCDD Community Standards This is for EXTERNAL DEED RESTRICTION.

I hope you know what district you live in. :ho:

Also - Village Community Development Districts

Villageswimmer 07-22-2019 04:31 AM

Quote:

Originally Posted by RedChariot (Post 1666220)
Perhaps I need to be more clear. Landscaper is well known here in The Villages. It was a brand new house and property. Many many palm trees. Islands on side of property has short stack walls. Curbing encircles all around landscaping on sides and back of house. I don't know if landscaper placed everything within the distance from other houses that is required by code. Is it the correct distance from property lines. Are those islands the correct distance from the street? No neighbor has complained-yet. Just concerned it is going to bite us in the behind when we go to sell it if there was never any ARC review and permits obtained.


Are you really sure your landscaper didn’t file for ARC approval in advance of the project? We used Sabrina McGowan and I know for a fact they did the required paperwork. There are a lot of fly-by-night landscapers here, but if you used one of the well known ones, they could have handled it as a matter of course. You were busy with your new home then and may not have paid attention. It was seven years ago. Have you checked with the landscaper?

Marathon Man 07-22-2019 07:04 AM

Quote:

Originally Posted by mtdjed (Post 1666219)
My question is whether you need to get review for plantings or just for "permanent hardscapes" such as walls, Flagpoles etc. Everybody here buys small plants that can grow into trees. Nobody can be expected to get a permit for a seedling that grows into a tree. I was given a several seedlings as a handout on arbor day in 2007. One survived while the others were mistakenly mowed down. The survivor had reached 30 feet tall and no permit was issued. The story goes on as I found that the survivor needed to go and it is no longer existing. Again, no permit to remove. I realize that there are some limits relative to live oaks but where do the deed restrictions start and end.

If I decide to replace bark mulch with stones, do I need review? If I expand a garden into the yard, do I need a review? I know that ignorance of requirements is not an excuse, but if the requirements are not specific how are they enforced. ie One seedling into a tree in 13 years oK, but what about 5, 10, a yardful.


Does anyone have a copy of this deed compliance document that they could share? I cannot find mine. Thanks.

Give a call to Community Standards. They are nice people who are more than willing to help you. Remember, this is a place for discussion, and some information may not be accurate. Also, restrictions vary among the districts.

OrangeBlossomBaby 07-22-2019 07:41 AM

Quote:

Originally Posted by RedChariot (Post 1666220)
Perhaps I need to be more clear. Landscaper is well known here in The Villages. It was a brand new house and property. Many many palm trees. Islands on side of property has short stack walls. Curbing encircles all around landscaping on sides and back of house. I don't know if landscaper placed everything within the distance from other houses that is required by code. Is it the correct distance from property lines. Are those islands the correct distance from the street? No neighbor has complained-yet. Just concerned it is going to bite us in the behind when we go to sell it if there was never any ARC review and permits obtained.

My guess: A brand new house, new property = landscaping already pre-approved by the developer so no additional approvals necessary at the time.


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