[andercat]

But we do have rules and someone enforces these rules it might not be called a HOA but it acts like one.

[retiredguy123]

Originally Posted by KittyKat

I live in Tall Trees and, for awhile, there has been a house for sale with a BIG Re-Max for sale sign on the garage door of a designer. It is now gone as I assume the house has sold or someone reported the sign, but I did not see any sign in the window. Personally, it did not bother me. I would rather see that than a sign in the yard.

I believe that even many of the Realtor signs in the windows are in violation because they are supposed to be no more than 12 inches by 12 inches.

[Marathon Man]

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.

[DAVES]

Originally Posted by laryb

My son and daughter-in-law bought a patio villa 2 months ago in Buttonwood that they will rent, and visit when not occupied. The home was purchased through The Villages Realty. It is nicely landscaped with stone and shrubs, without any grass. It is my understanding that it has been this way for several years. They got a call from the Villages this morning, telling them that there had been a complaint (anonymously) against there home and another couple of neighbors that have the same landscaping. The representative searched the records, and couldn't find a permit for the work done. She said they could file a request to keep it as is, without any guarantee. Does anyone know if they are liable for any new landscaping to bring it into compliance if necessary? Will they have any recourse, and if so, against whom? Just doesn't seem right. I realize some might say they should have checked, but how many people check for landscaping compliance when buying a home here, especially when being sold by the Villages?

Not sure why you would ask here. To say poster number xxx agrees with me is meaningless. You said they purchased a resale through the villages. I would take it up with them.

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.

[valuemkt]

Originally Posted by retiredguy123

Because there is a legal concept that you need to be consistent when enforcing rules and covenants. I don't think that only enforcing violations that are reported to you is being consistent. I think The Villages has an obligation to enforce their rules in a manner that treats eveyone equally, especially when they know that there are multiple violations all over The Villages. Many homeowners and condo associations have learned this lesson the hard way by losing lawsuits.

Some day in the future after most of us are on the other side of the grass the anonymous complaint system will be abolished. That will make all of the former teachers pet class monitors sad, and most likely follow the law of unintended consequences. in the meantime, were I ever notified of a violation by the current process, I would do what retired guy intimated: I would notify the code enforcement (or covenant enforcement of every similar violation that I could find withing 3 or 5 miles (or until i got exhausted), and then wait to fix my violation until I saw noticeable compliance with the rest of the violators.. WHY ? Because unless you create a stir and a fuss with the municipalities / CDDs and increase their workload, you have ZERO chance of changing the current process or selective enforcement. Is it Tit for Tat ? Yes .. We all have violated Groucho's rule of "never joining a club that would have me as a member" .. so here we are.

[Topspinmo]

Originally Posted by laryb

My son and daughter-in-law bought a patio villa 2 months ago in Buttonwood that they will rent, and visit when not occupied. The home was purchased through The Villages Realty. It is nicely landscaped with stone and shrubs, without any grass. It is my understanding that it has been this way for several years. They got a call from the Villages this morning, telling them that there had been a complaint (anonymously) against there home and another couple of neighbors that have the same landscaping. The representative searched the records, and couldn't find a permit for the work done. She said they could file a request to keep it as is, without any guarantee. Does anyone know if they are liable for any new landscaping to bring it into compliance if necessary? Will they have any recourse, and if so, against whom? Just doesn't seem right. I realize some might say they should have checked, but how many people check for landscaping compliance when buying a home here, especially when being sold by the Villages?

IMO realty company “ especially Villages realty should be libel for selling house out of compliance. IMO in HOA no houses should be sold if not in compliance with all restrictions and permits. You pay realtors to do job, researching property up to code and compliance IMO part of the job and not just listing and hanging sign.

[Topspinmo]

Originally Posted by Marathon Man

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.

No the buyers should of been informed period

[Topspinmo]

Originally Posted by andercat

But we do have rules and someone enforces these rules it might not be called a HOA but it acts like one.

Should of been enforced before new buyer got stuck, how hard can it be for real state company to inspect property and find if any permits was pulled for the work. But, all sudden after the sale crap pops ups. Isn’t that what pay title search for? IMO the new buyer shouldn’t be libel, the HOA, realtor, and previous home owner if it was done while owned the home.

[Altavia]

Are Seller's Disclosures required in FL?

Typically there are question(s) related to if work was done with out the required permits/approvals.

[Villageswimmer]

Originally Posted by Robbie0723

Are Seller's Disclosures required in FL?

Typically there are question(s) related to if work was done with out the required permits/approvals.

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.

[anothersteve]

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

[Altavia]

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.

[OrangeBlossomBaby]

Originally Posted by Villageswimmer

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.

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.

[Marathon Man]

Originally Posted by Topspinmo

IMO realty company “ especially Villages realty should be libel for selling house out of compliance. IMO in HOA no houses should be sold if not in compliance with all restrictions and permits. You pay realtors to do job, researching property up to code and compliance IMO part of the job and not just listing and hanging sign.

The previous owner of the house sold the house.

[thelegges]

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