A simple form to sign for all home sales in the Villages, on official Villages letter head, signed by the seller stating home is in compliance with all deeds, covenants and restrictions? It should be on the seller, not the buyer.
Steve

I'm not a lawyer and this is not legal advise, but according to this Property Disclosure form, it seems reasonable to assume the previous owner had knowledge of non-compliance and could be accountable if not disclosed.

http://www.unlimitedmls.com/forms/Pr...osure-Form.pdf

Also seems compliance assessment could be a business opportunity for someone like a home inspector to include landscape non compliance in their assessment.

Buyers need also to be accountable to perform their own due diligence. In tue end, it will be their problem.

Especially since everyone keeps telling newcomers that they'll get to see the rules when they buy the house.

By that time, it's too late. Potential homeowners should be directed, very specifically and intentionally, to the deed restrictions, covenant, and whatever else for the property they're considering. For some people, not being able to do certain things can be a deal-breaker and it wouldn't occur to them to even ask if it was allowed or not, because it seems like such a no-brainer kind of thing.

Like adding a small storage box behind the house near the air conditioning unit (which is not allowed). or putting a window A/C in the garage (not allowed). or planting your own tomatoes in the flower bed in the front (until recently, not allowed).

These are things that are typically allowed anywhere else in the entire country, so there's no reason anyone should ever expect to have to ask.

The previous owner of the house sold the house.

While there is a percentage of grass that is required in you landscaping, there will always be someone who does not get ARC approval.
Our old PV neighborhood had 6 houses remove all lawn and had rock in various shades of color in its place. While not ideal of the curb appeal I want to look out at, I didn’t pay for their home or taxes.
However just recently all homes had a complaint filed against them, so will see what changes

There are a couple of problems with this. First of all, who has the legal authority to require this?

Secondly, as an example, just because you received ARC approval for a landscaping plan doesn't mean that the actual installation is compliant with the restrictions. Nobody comes out and inspects the installation to verify compliance. Therefore, the seller really doesn't know if the property meets all restrictions. I guess you could "report" yourself for noncompliance and when Community Standards comes out to investigate you could create a paper trail showing you are compliant. This is one of the issues I see with the ARC: no checkup after installation. This is different than pulling a building permit and having a final inspection done to verify that the work was done correctly.

Lots of ideas here on about making changes. How many will attend their monthly CDD board meeting and speak? That is how changes are actually made.

Most people just want to complain and not do the work necessary to get change. I might add that having a TV employee (actually it would be employees) looking for violations and following up with the paper work would be an enormous expense. We need to be careful what we wish for as we would pay the bill.

Why SHOULD "they?". People have no trouble selling homes here and only a few find things to complain about.

"Why should they?" Because it's the right thing to do!
Jazuela is 100% correct!


I know of NO ONE who was ever given any documents to read before signing a contract for the purchase of a home here,
so they would know the "rules," i.e., what is permissible and what you can't do.

You don't seem to get it.
It has NOTHING to do with anyone having a problem selling a home here.
And while many people find issues to complain about -- many more than just a few issues are warranted and some are not.

Why is the realtor representing the sale of the home not responsible? They are receiving a commission on the sale. In my opinion, the realtor needs to verify deed compliance or not be selling.

How would a realtor verify deed compliance? Compliance is complaint driven; you need to file a complaint about a specific issue that you believe is non-compliant and that will trigger an investigation. I don't believe there is anyone you can call who will come out and give you a piece of paper that says the property is totally "deed compliant". In this regard, The Villages is different than another deed restricted community I lived in. In that community, compliance was monitored and enforced by an HOA. You could ask the HOA representative if a property was compliant.

Should people be told they are about to buy in the sinkhole belt? Should people sign that they are aware that this part of Florida is the lightning capital of the United States? Should they be directed to the fact that Florida falls near the bottom of the list for excellent health care? Should people be told that every week in The Villages that an average of four people die? I think all of these things are true, but it would be a rare realtor who would bring them up.

Hello, may have been a gap in the past, but when I put money down on a lot last month, I was supplied with all the applicable documents prior to signing the contract.

Likewise for use when we bought seven years ago.

None of your mentioned items are things a real estate agent would bring up unless it directly affected a specific property in which a buyer had an interest.

BTW -- Marion, Lake and Sumter Counties are NOT in the "sinkhole belt."

You were very fortunate to have received that paperwork.

What does any of that have to do with a specific property with a specific issue that is specific to the Villages and nowhere else?

FL Seller's Disclosure Form
 

http://www.unlimitedmls.com/forms/Pr...osure-Form.pdf

I believe section#10(k) would be the key to the landscaping issue as well as any other deed restriction issue in The Villages.

Could you please specify, how specific your specifications are please?
Specifically speaking of course!

Exactly. :oops:

Nothing "fortunate" at all, the disclosures are (now) clearly part of their business process, on their checklist and you sign that your received them.

Precisely!

Based on what I have learned here, as a buyer from out of the area, I'd be asking for verification of landscaping compliance as part of the home inspection I pay for.

A home inspector is not going to obtain verification for you of any landscaping done by or for the homeowner.

If you want verification (written or otherwise) you would have to get that directly from the sales agent or homeowner.

If a buyer is concerned about non-compliance, they can read the restrictions, calculate the cost to bring the property into compliance, and make their purchase offer accordingly. A home inspector should be helpful in identifying non-compliance. But, the typical home inspection contract will not hold the inspector liable, unless you pay an extra fee for liability.

I think the landscapers should be responsible for any fines or re-work. They know the compliances, or should, they should tell the owner (who most of the time knows too) certain design or materials aren't permitted and they won t do it.

Go to court
 

As I see it, the only recourse is to take them to court for not disclosing this to them at the time of sale. :MOJE_whot::MOJE_whot:

It is very clear that The Villages is a deed restricted community. I do not agree that every person that shows interest in buying here needs to be directed to the restrictions. Buyers will perfrom due diligence to the level that they decide to. No one need make that decision for them. I doubt that any of this is unique to TV. Lots of deed restricted communities all over the country.

I got all mine when I bought 4 1/2 years ago... everyone does.

You might have to get a variance for the scarecrow though.

Yes, everyone eventually gets all the documents, however, not everyone has received them before closing or even before signing a contract.

I happen to have been one of them.

I am not commenting about the not getting a permit for the landscape, but I totally applaud any homeowner who removes all the grass and replaces it with native groundcover so that poison and water can be eliminated. If the developer had any sense, he would have required solar panels on all homes and landscaping friendly to our FL climate, especially when building new homes. The Villages, with its polluting gas golfcarts, immense use of water for lawns, and no alternative energy use like solar and windmills, is a travesty. The developer could have led the state in innovations in this area, but as usual money rules!

usually the landscapers take care of permits...ohh well

I'm With You
 

That's not only funny, that's exactly what this person should do. Florida has recently passed a law that says you can plant and have a garden in your front yard. My guess is that if several of these people that are victims of this anonymous complaint BS did this these bureaucrats just might entertain some common sense when they get one of these "I'll get even with you" complaints which are obviously filed by someone with an axe to grind.
:a040::a040::a040:

Personally I would have loved to put down astro-turf, instead of grass--no mowing, no irrigation, dogs hate it, no brown spots, no mushrooms, no pesticides & fertilization-it would be a win/win dollar wise in a short period of time

I would think that If they had a home inspection this should of been noted and the original home owner should of been responsible to bring it to code or reduce the purchase price to cover the cost so the new owners could bring it to code????

I like your style!:clap2:

What EXACTLY is the complaint? What is wrong with the landscape?
No record of a permit is most likely the biggest problem to overcome.

As an old title guy, I will tell you that title insurance normally has no obligation to check zoning, or restrictive covenants, zoning has nothing to do with ownership, or title

Yes - The Equal Protection Clause contained in the 14th Amendment of the US Constitution has been intrepreted by the SCOTUS and lower courts to hold state and local governments must treat everyone the same under the law. I'm not a lawyer but to my way of thinking everyone must be held to the same standard including landscaping restrictions. The restrictions cannot be whimsically, capriciously, or inconsistentantly applied. Try that on the authorities.