[OrangeBlossomBaby]

Originally Posted by coffeebean

I would imagine lots of folks have smiled at that dog. He is still there.

...and now it's been brought to the attention of everyone who reads this forum. Which means if the "woman who goes around neighborhoods with a clipboard to identify homes that violate the restrictions" reads this forum, she now knows of another place she can complain about and get the statue removed.

Such a shame we encourage people to mind the business of other peoples' neighborhoods.

[FenneyFanatic]

If you follow the rules you agreed to when you bought a home here, no one would ever have anything to report. That seems easy to understand.

[biker1]

Originally Posted by coconutmama

Totally agree with this post. Additionally, the law of the land is that we all have the right to face our accusers. This should be above any covenants we signed to keep our neighborhoods "pristine". Change the process!

I believe the right to face your accusers applies to criminal prosecutions and not civil cases.

[OrangeBlossomBaby]

Originally Posted by biker1

I don't believe we will ever see your suggestion implemented. Besides the obvious expense of hiring a team to look for infractions, I believe the larger issue is the potential for selective enforcement and the subsequent legal ramifications. With the current complaint driven system, I do not believe there is any potential for selective enforcement as long as Community Standards investigates and enforces the deed restrictions with all complaints. With your suggestion, any infractions that were missed (and there are 62,000 homes in The Villages that would need to be continuously monitored) could be the basis of a subsequent claim of selective enforcement. I have seen this happen.

There already IS selective enforcement. Infractions of violations are ONLY enforced if someone complains. So you can have a peeing dog statue on your lawn for 20 years, while your next door neighbor gets infracted when his landscaper misses a square foot of grass that grows to 5 inches instead of the maximum 4 inches allowed, because that square foot is around the flagpole that the guy down the street doesn't like.

Community standards will go to check out the flagpole, and measure the grass, and say "oh yes indeedy, you are a violator alright, shame on you!" and walk right past that peeing dog statue next door on the way back to their golf cart, smile at the statue, and drive on. Because no one reported a complaint against it.

[Win1894]

I don't know anyone who move to TV because of the deed restrictions. They moved here for many reasons but the deed restrictions were not one of them. For the most part excepted them as a good thing and part of a neat and orderly society. Clearly, some folks need to chill a bit regarding them. Descretion is in order here. On one hand you have zee polizie who take any deed infractions personally, and on the other hand those who clearly just push the lawn ornament thing too far (as an example). I suspect this will never change. One thing I do think is that anonymous report should stop. It's creepy and underhanded in a free and open society. If there is something you feel is a significant violation, have the courage to stand up and be heard.

[Shoresands]

I don't live in TV. Thought once of buying. Liked idea of courtyard villa with no maintenance rock. Looks like most Villas are that way. But read a new owner had someone complain and cost a fortune to remove and sod. Villages Realty touts no maintenance yards in their advertisements. What's with that? Promoting violations? Am I wrong? If so, wonder how many folks yelling follow the rules have "no maintenance yards." Not ALL HOA rules make sense, band together and fight for changes that make sense. The American way!

[biker1]

I assume you have never lived in a deed restricted community. Selective enforcement refers to when the enforcement arm of the deed restrictions does not apply the deed restrictions uniformly and can be the legal basis for a homeowner not having to comply with a violation that others have not been previously forced to comply with. Reporting of infractions, and this is important, can be from a complaint driven system or can be monitored by the enforcement arm itself. In The Villages, it is complaint driven and I believe this effectively removes any possibility of selective enforcement (as long as the complaints are investigated and violations are uniformly dealt with). Otherwise, it would take a large organization to continually monitor The Villages' homes for any and all infractions and anything they miss could be the basis for a legal claim of selective enforcement. In The Villages, I have never heard of a claim of selective enforcement and I believe the reason for this is the fact that the enforcement arm (Community Standards) is not responsible for reporting. This was, in my opinion, a very wise decision.

Originally Posted by Jazuela

There already IS selective enforcement. Infractions of violations are ONLY enforced if someone complains. So you can have a peeing dog statue on your lawn for 20 years, while your next door neighbor gets infracted when his landscaper misses a square foot of grass that grows to 5 inches instead of the maximum 4 inches allowed, because that square foot is around the flagpole that the guy down the street doesn't like.

Community standards will go to check out the flagpole, and measure the grass, and say "oh yes indeedy, you are a violator alright, shame on you!" and walk right past that peeing dog statue next door on the way back to their golf cart, smile at the statue, and drive on. Because no one reported a complaint against it.

[WayneDuo]

Every HOA enforces the associations rules. All of the associations where I have lived, whether they be for a condo, or a home, had rules that each condo/home owner agreed to follow. The document they usually had was often called the association bylaws. The enforcement procedures were anonymous in each of the associations, as they are here in the villages. The anonymous reporting was sometimes done by a neighbor [or a snitch] or by a board member. In either case you received the notorious letter about the problem and requiring resolution by a certain date. One of the 1st reactions after reading the HOA violation letter usually is "who reported me?" or "who reported this problem" and HOA members never find out because sharing the info could lead to bad blood or violence. Americans including villagers have problems with drugs, alcohol and guns and who noes what could happen if someone knew their neighbor reported them a few times for having weeds in their lawn, or not cutting the lawn or not replacing old mulch or something else cosmetic in the property.

The villages is a very large HOA and this system works to a certain degree. One case where the system fails is with all the complainers who agree to the system when they sign closing docs and move in, and then when they are reported they feel they should be exempt from legal docs they signed.

[merrymini]

Exactly. One of the reasons we moved into this place was the way it looked and knowing people could not put anything they wanted in the front of their home. Otherwise all kinds of junk would appear. However, if there is an infraction, it should cover any house within 200 feet and be applied equally to everyone.

[OrangeBlossomBaby]

Originally Posted by biker1

I assume you have never lived in a deed restricted community. Selective enforcement refers to when the enforcement arm of the deed restrictions does not apply the deed restrictions uniformly and can be the legal basis for a homeowner not having to comply with a violation that others have not been previously forced to comply with. Reporting of infractions, and this is important, can be from a complaint driven system or can be monitored by the enforcement arm itself. In The Villages, it is complaint driven and I believe this effectively removes any possibility of selective enforcement (as long as the complaints are investigated and violations are uniformly dealt with). Otherwise, it would take a large organization to continually monitor The Villages' homes for any and all infractions and anything they miss could be the basis for a legal claim of selective enforcement. In The Villages, I have never heard of a claim of selective enforcement.

I lived in a condo complex with an HOA, and we had deed restrictions.

If you want it to be up to the complainer to complain, then it is the responsibility of the Community Standards to MAKE that complaint, if they see a violation while they're in the process of investigating another violation.

If I am a Community Standards officer, visiting 1313 Mockingbird Lane for violation of the grey peeling paint on their front door, and I see a plastic pink flamingo on the front lawn of their neighbor when I park my golf cart in front of the neighbor's house, then it is my responsibility to point out to the guy at 1311 Mockingbird Land that he needs to get rid of his pink flamingo.

If I CHOOSE not to complain about what is right in front of me, then I am selectively enforcing the rules.

[JoMar]

Originally Posted by manaboutown

Convicted sex offenders, felonious care givers, drug dealers, ex-cons, chop shops, and adult children losers of every stripe living with parents get a free pass... but if someone places a small lawn ornament in their front yard which neighbors live with in peace and enjoy for years but an out of the neighborhood troll looking to cause trouble spots...look out!

Apples and oranges again

[HimandMe]

There are snitches, yes rats, there are those who just live and let live and there are those who would only report something if it is a gross or harmful violation for the protection of all....and in their own neighborhood. If someone routinely goes out of their way to make sure “others get it right”, covertly or overtly they are disliked sometimes hated. No one likes a snitch even the snitch if he is snitched on doing something untoward.

[biker1]

I believe you have failed to understand the nuance of how infractions are monitored. I doubt Community Standards wants to be in the business of monitoring infractions because it opens the flood gates for claims of selective enforcement. You can make claims as to what you believe Community Standards should be doing but it really doesn't matter. They are obviously doing what they have been instructed to do and I suspect there is solid legal advice behind their mission for the reason I already stated. As far as I can tell, they uniformly apply the deed restrictions under the reporting system they have chosen to implement.

Originally Posted by Jazuela

I lived in a condo complex with an HOA, and we had deed restrictions.

If you want it to be up to the complainer to complain, then it is the responsibility of the Community Standards to MAKE that complaint, if they see a violation while they're in the process of investigating another violation.

If I am a Community Standards officer, visiting 1313 Mockingbird Lane for violation of the grey peeling paint on their front door, and I see a plastic pink flamingo on the front lawn of their neighbor when I park my golf cart in front of the neighbor's house, then it is my responsibility to point out to the guy at 1311 Mockingbird Land that he needs to get rid of his pink flamingo.

If I CHOOSE not to complain about what is right in front of me, then I am selectively enforcing the rules.

[2newyorkers]

Why is this person reporting violations when she does not live in the Village? Do you really think it is because she cares about the violations? Don't you feel it is because it gives her a feeling of self importance? She is not correcting an injustice, she is being a tattle tale.

[JoMar]

Originally Posted by devorejh

I moved here nine months ago. I don’t have a clue what the restrictions are? So, I guess I couldn’t report anyone since I would not have any idea what to report? That said, I believe common sense is in order. If someone has a small pelican ornament in their front yard who cares? Now if someone has 20 lawn ornaments in their front yard, then certainly that’s a different thing. I’m too busy enjoying my new life in the villages to be looking for things to report. Again, I’m not even sure what I would report? Yes maybe I need to find out what the restrictions are

You purchased here and didn't know what you were buying into? Really?