Talk of The Villages Florida
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Talk of The Villages Florida (https://www.talkofthevillages.com/forums/)
-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   In Today's Daily Sun Thursday August 9,2012 (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/todays-daily-sun-thursday-august-9-2012-a-58207/)

Indydealmaker 08-18-2012 04:05 PM
Quote:
Originally Posted by njbchbum (Post 542584)
maybe they could update the covenants and deed restrictions and get the dog regs and clothesline regs straightened out at the same time! or maybe someone will hafta lodge a complaint about the lack of compliance re the clothesline statute.
From what I have read, deed restrictions are cast in stone. They can only be changed by the original deed holder prior to the first transfer of title. As far as the deed restrictions that are superseded by state or federal statutes, then it is what it is...the deed restrictions cannot be enforced. No need to change them, even if you could.

janmcn 08-18-2012 04:37 PM
Quote:
Originally Posted by Indydealmaker (Post 543096)
From what I have read, deed restrictions are cast in stone. They can only be changed by the original deed holder prior to the first transfer of title. As far as the deed restrictions that are superseded by state or federal statutes, then it is what it is...the deed restrictions cannot be enforced. No need to change them, even if you could.
Couldn't the developer change the deed restrictions on houses that have never had a transfer of title, ie new construction, so as not to be in violation of state statute?

Bogie Shooter 08-18-2012 04:37 PM
Saw in today's paper,District 5 will enforce the deed restriction, regarding signs.

njbchbum 08-18-2012 04:42 PM
Quote:
Originally Posted by Indydealmaker (Post 543096)
From what I have read, deed restrictions are cast in stone. They can only be changed by the original deed holder prior to the first transfer of title. As far as the deed restrictions that are superseded by state or federal statutes, then it is what it is...the deed restrictions cannot be enforced. No need to change them, even if you could.
so that mean folks could put up a clothesline on their property and no one could do anything about it because of the statute. boy howdy!

Indydealmaker 08-18-2012 05:15 PM
Quote:
Originally Posted by janmcn (Post 543111)
Couldn't the developer change the deed restrictions on houses that have never had a transfer of title, ie new construction, so as not to be in violation of state statute?
He certainly could, however, the developer is not violating a statute unless he tries to enforce the restriction. If he leaves the deed restrictions as is, then if the law changes, the restriction is already there. No way to change it back, otherwise.

Mikeod 08-18-2012 06:05 PM
Quote:
Originally Posted by Indydealmaker (Post 543141)
He certainly could, however, the developer is not violating a statute unless he tries to enforce the restriction. If he leaves the deed restrictions as is, then if the law changes, the restriction is already there. No way to change it back, otherwise.
I wonder if, when the laws were enacted (solar and/or antennae), there was an effective date such that restrictions existing prior to the effective date did not have to be changed and could still apply.

bkcunningham1 08-18-2012 06:17 PM
I can't attest to the reliability of this site, but for what it is worth: HOA and Condominium Management Orlando - House of Management Enterprises. - - CLOTHESLINES AND SOLAR PANELS CAN BE REGULATED

The site has some relevant information if anyone of you is interested enough to do some additional research from the information you can glean from the linked site.

Barefoot 08-18-2012 07:52 PM
Quote:
Originally Posted by Indydealmaker (Post 543096)
From what I have read, deed restrictions are cast in stone. They can only be changed by the original deed holder prior to the first transfer of title. As far as the deed restrictions that are superseded by state or federal statutes, then it is what it is...the deed restrictions cannot be enforced. No need to change them, even if you could.
Indy, apparently there is a Florida friendly "water conservation" law that property can be rocked ... does that supersede the deed restriction about grass?

Indydealmaker 08-18-2012 08:51 PM
Quote:
Originally Posted by Barefoot (Post 543241)
Indy, apparently there is a Florida friendly "water conservation" law that property can be rocked ... does that supersede the deed restriction about grass?
Good question. Maybe someone can expound upon that.


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