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But we do have rules and someone enforces these rules it might not be called a HOA but it acts like one.
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Compliance is 'complaint driven'. That means that Community Standards does not police the homes looking for violations. No complaint was turned in when the home was owned by the previous owner. It seems to me that it would be unlikely that you would win an argument that says that they should have informed the buyer of a violation. And now that I'm thinking about it, this may one reasons for the complaint driven system that we have.
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As to no permit filed for landscaping sadly that is not at all unusual. My neighbor had some work done. We discussed it nicely. He agreed to move the cement work into compliance. His guy came over cursing etc. Telling me he isa professional etc. I told him I was going to call compliance and if he is right it will stay. They came over. They were very nice. They discovered that the professional had not as required filed a plan. They told him he was in violation and told my neighbor not to pay him till it was corrected and approved. Aside, my neighbor somehow found out that this guy he hired was arrested for ????? Moral is beware of who you hire for anything. |
Anonymous Complaint System
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Are Seller's Disclosures required in FL?
Typically there are question(s) related to if work was done with out the required permits/approvals. |
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Since previous owners did the work, how would a new buyer even realize there was a possibility of a violation? This is really sad, but I’ve heard of it happening before. If the buyer understood ARC requirements/rules, perhaps they’d check records; but how many new buyers would even think there could be an irregularity or know about ARC? I wouldn’t have as a new potential resident. Very unfair and sad for the new owner. And—no—it’s not the responsibility of the realtor. It’s beyond their scope. |
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. |
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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. |
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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 |
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