Originally Posted by Bogie Shooter (Post 2022696)

So, you really don't know.....right? Only the poster would know....

Originally Posted by JCMSr (Post 2022257)

It seems as though a week does cannot go by that I read a comment/question on TOTV related to what can or cannot be done to one’s home here in The Villages. For those of you who are looking for answers to these types of questions I offer the following simple two word response that you can apply to just about any issue you can bring up ……….”It depends”. Can I paint my house pink with purple trim? It depends! Can I remove all my grass and concrete the entire area? It depends! Can I have 5 cats, 2 dogs and 2 sheep? It depends!

Each and every person or entity who owns a home within The Villages is legally bound to comply with a set of covenants, conditions and/or restrictions which are tied to your specific property. Depending upon your county of residence, your district and even your unit/house number the answer to your questions may be different. Guidelines for designer homes are different from patio homes or courtyard villas. A courtyard villa located in District 7 may have different rules than the same model villa located in District 10 and so on. Even if you are willing to state the location and type of home for which you are making an inquiry the chances of getting an accurate response from your fellow readers are probably less than 50% even from the best hearted of those that reply. Add to the mix the trolls who love to stir the pot with comments like “Do whatever you want. After all you are the one paying for the home” and the accuracy percentage is probably even less.

Why take a chance without first doing your homework. Just because your neighbor did something does not mean that it was in compliance. Just because your landscape contractor says you do not need ARC approval does not mean he is correct. More importantly understand that you as the property owner are the one required to sign any ARC request forms and you are ultimately responsible for making sure all work is done in compliance with any covenants, conditions or restrictions.

One simple phone call to Community Standards can put you in contact with a staff that can provide you with accurate, up to date (yes, sometimes the rules change) and helpful information. Are you 100% certain whether your property contains easements and how far they extend? How often have you read about someone deciding to remove all his grass and installing stone because they no longer wanted to keep cutting the grass only to end up paying someone to come back and remove the stone and install new sod? How about the poor folks who spent significant funds landscaping their property only to be told that the area was actually a special easement and everything must be removed? Guess who ended up footing the bill for all the rework? Certainly not the contractor and most certainly not your fellow TOTV followers! Many folks try to transfer the blame to the complainant when confronted with a violation and potential fines but I have never heard of the complainant having to pay to fix the problem either! Be smart and be safe. Understand the rules and save yourself the aggravation.

Now before the negative responses about the unfair reporting systems or the “I never agreed to any restrictions” group start to chime in think about these issues:

• Where is it written that we are a 55+ restricted community?
• Where is it written that we agree to pay amenity fees?

The answer is these issues are also part of your Declaration of Restrictions. Surely you read and understood those parts of the agreement. You cannot cherry pick the items you agree to and those you do not. It is an all or none. You live here so obviously somewhere along the line you signed a legal document that said you agreed to abide by these rules and regulations. Otherwise, you would not be the legal owner.

Just to be clear, I am not an attorney nor am I an employee of the developer. I am simply a fellow resident of The Villages and one of the main reasons I moved here is because I liked what I saw and how things were managed. Having lived in other areas where such rules and regulations did not exist and seeing the what can happen minus reasonable controls no longer agrees with me or my pocketbook. Do I agree 100% with everything? Of course not, but if it really bothered me that badly I also know there are proper ways to try and incorporate changes. Obviously, ignoring the current rules and regulations is not, in my opinion, an option.

Originally Posted by JCMSr (Post 2022986)

When I finally decided to compile this thread the intent was to attempt to give the residents of The Villages some food for thought before making changes to the exterior of their homes without going through the necessary review and approval process. Since the initial posting I have not read any new posts asking other TOTV readers for answers to their typical "Can I do ___________" (fill in the blank). Hopefully that indicates that a few people read and took to heart my comments in the spirit they were written. Naturally there will always be a select few that want to change everything to fit their own personal tastes. Not that change is always a bad thing but in this case I feel that "If it ain't broke, don't try to fix it". Most of the reply's to date have been polite and positive. It makes me once again remember why I chose to live here. Thanks for putting up with my long windedness.

Just to remind everyone Community Standards is a valuable (and free) resource for getting your questions answered in regard to the rules and regulations before you begin work. One thing I learned from being a contractor for almost 40 years. Doing things right might cost you a bit more in the beginning but doing it wrong will usually cost you three times as much when you consider the initial install, the removal or tear out, and finally the reinstall. Keep that in mind when you think about cutting corners.

Originally Posted by villagetinker (Post 2025627)

IMHO, only the people running a business out of their house or some other illegal type activity, and we have people once per month come on our property to read the electric meter and the water meters. I occasionally have people on the right of way at the back on my house when doing maintenance (we back on to another road). As for the inside of the house no.

Originally Posted by Villages Kahuna (Post 2022616)

If you’ve already closed on your Villages house or villa—it’s too late.

Even if you didn’t read the restrictive covenants, it wouldn’t make any difference. They’re the same for everyone and are ‘non-negotiable’. It’s either agree to the covenants or go find another house in Florida to buy.

But it is important to read and understand the restrictions of the covenants. If you violate them, you will find yourself either paying a hefty fine and/or being required to ‘undo’ any construction or improvements you’ve paid for, putting your home and property back to a condition which satisfies the covenants you agreed to. The Villages is well known for enforcing the deed restrictions ‘to the letter’. Getting the Developer to agree to variations to the covenants is as impossible as negotiating changes before you close on your house.

Originally Posted by Gpsma (Post 2022264)

Time to fight and end these restrictive deeds issues.

Great for the esteemed, honored, all saintly Developer...praises and blessings be upon him....but....
That still sells houses to the cornhuskers who need to see the same thing over and over.
Sorry, place is getting too big to still cater to people from Mayberry.

Its a city now..

We need diversity

Originally Posted by Byte1 (Post 2025697)

Not quite accurate. There are villages that have petitioned and had changes to the restrictions. I know of one village of courtyard villas that had a restriction of only one color, that now has a selection of different home colors. I know of restrictions against villas installing window shutters that now has window shutters. Also screened entryways. Changes can be made IF a neighborhood agrees and the proper process is utilized.
Deed restrictions are different for some districts and the same for others. Just because one wishes changes or deviations to the restrictions, does not mean that they are negative in nature. Whenever one decides to debate a small deviation from the restrictions, immediately we have those that shout that they will have old trucks on blocks in their front yards or purple homes. There are always exceptions to rules and laws. Ask any lawyer and they will find you an exception to even murder. A murder charge can be changed to a manslaughter conviction. A felony charge can be turned into a misdemeanor. By I digress. The point is that IF one wishes to make a legitimate change to their restriction, they should petition for a change and get the consensus of their neighbors. I can ride through a neighborhood in districts one or two and see a multitude of personalized properties. The property value has not been decreased as is the evidence that almost every home you see with a sale sign on it is also "pending" a sale. I drove through one neighborhood where one owner had bordered his landscaping with green beer bottles. I thought "how unusual" but even though it was not my cup of tea, I figured why should it bother me?
Deed restrictions are great and do make for a nice sterile, cookie cutter community. I have no problems with that. I also have no problems with minor adjustments that do not degrade the community into a slum. Rules and laws are flexible. Those rules and laws that are not flexible usually end up shattering eventually.
Point being made is, get permission to modify your property. If denied, then petition for a change in the rules. If denied, then live with it or move to a "nicer" environment. Kind of like, if you do not like a neighbor what do you do? Use the law or move.

Originally Posted by Indydealmaker (Post 2025707)

Actual Deed Restrictions Can't be changed once the original deed is transferred. However, there are local rules and regulations that are not enshrined in the covenants that may be modified.

Originally Posted by Byte1 (Post 2025735)

semantics:ho:

Originally Posted by Indydealmaker (Post 2025707)

Actual Deed Restrictions Can't be changed once the original deed is transferred.

Originally Posted by dewilson58 (Post 2025746)

Actually they can. :ho:

Originally Posted by Alana33 (Post 2022692)

My olders sister's both own homes in the Villages.
When I decided to move to be closer to them, I chose a home nearby but not in Villages mainly because of the HOA, deed restrictions and covenants. I didn't like the cookie cutter look of the small properties and the prices were higher for what you get.

I'm 5 minutes away from them, have a lovely 3bed/2bath, 2 car garage, a large workshed and additional covered parking attached to shed, it has completely fenced large area for dogs around the pool, brick and block house with a new roof, on 1/2 acre in a very nice, quiet, older neighborhood. The house was move in ready except for painting interior to my liking and refinishing garage floor.
The property has lovely flowers and plantings, pineapple, orange, lemon, avocado, sugar apple mango and other trees. I see no neighbors behind me due to large growth trees and don't hear any noise from neighbors nor do they have any unsightly yards, etc., and we have no HOA, covenants, deed restrictions. Just regular zoning laws.

Originally Posted by Bogie Shooter (Post 2022698)

Glad you are happy....
BTW there is no HOA in The Villages.

Originally Posted by Indydealmaker (Post 2025796)

Originally Posted by Malsua (Post 2025809)

There is no villages wide HOA.

There are communities within TV that have HOAs. I know that at some point, I think 15 years after our area was built, the developer notified us that they stop being responsible for flowers, tree and wall maintenance. A HOA was formed to cover these expenses.

I also know that 30 years after the covenants are enshrined, they expire. We(The HOA) had to hire a lawyer to continue them. They expired 10/31/21. 6 days ago. I haven't heard from our HOA president if everything was finished on time though.

It's happening to more than one of the areas right around Spanish Springs.

Originally Posted by biker1 (Post 2025876)

Everyone should read their own deed restrictions, at districtgov.org, as they do vary. My deed restriction is only 8 pages. For many of the CDDs, the deed restrictions do expire at 30 years but will automatically renew for successive 10 year periods unless some action is taken by the Developer. For many of the CDDs, it also appears that the Developer can unilaterally amend the deed restrictions.

Originally Posted by Byte1 (Post 2025697)

Not quite accurate. There are villages that have petitioned and had changes to the restrictions. I know of one village of courtyard villas that had a restriction of only one color, that now has a selection of different home colors. I know of restrictions against villas installing window shutters that now has window shutters. Also screened entryways. Changes can be made IF a neighborhood agrees and the proper process is utilized.
Deed restrictions are different for some districts and the same for others. Just because one wishes changes or deviations to the restrictions, does not mean that they are negative in nature. Whenever one decides to debate a small deviation from the restrictions, immediately we have those that shout that they will have old trucks on blocks in their front yards or purple homes. There are always exceptions to rules and laws. Ask any lawyer and they will find you an exception to even murder. A murder charge can be changed to a manslaughter conviction. A felony charge can be turned into a misdemeanor. By I digress. The point is that IF one wishes to make a legitimate change to their restriction, they should petition for a change and get the consensus of their neighbors. I can ride through a neighborhood in districts one or two and see a multitude of personalized properties. The property value has not been decreased as is the evidence that almost every home you see with a sale sign on it is also "pending" a sale. I drove through one neighborhood where one owner had bordered his landscaping with green beer bottles. I thought "how unusual" but even though it was not my cup of tea, I figured why should it bother me?
Deed restrictions are great and do make for a nice sterile, cookie cutter community. I have no problems with that. I also have no problems with minor adjustments that do not degrade the community into a slum. Rules and laws are flexible. Those rules and laws that are not flexible usually end up shattering eventually.
Point being made is, get permission to modify your property. If denied, then petition for a change in the rules. If denied, then live with it or move to a "nicer" environment. Kind of like, if you do not like a neighbor what do you do? Use the law or move.

Originally Posted by Malsua (Post 2025956)

I know ours did not automatically renew, and I just looked at the statutes and the law is pretty clear. It expires and action must be taken to renew it.


Chapter 720 - 2021 Florida Statutes - The Florida Senate

---------
720.3032 Notice of association information; preservation from Marketable Record Title Act.—
(1) Any property owners’ association desiring to preserve covenants from potential termination after 30 years by operation of chapter 712 may record in the official records of each county in which the community is located a notice specifying:
(a) The legal name of the association.
(b) The mailing and physical addresses of the association.
(c) The names of the affected subdivision plats and condominiums or, if not applicable, the common name of the community.
(d) The name, address, and telephone number for the current community association management company or community association manager, if any.
(e) Indication as to whether the association desires to preserve the covenants or restrictions affecting the community or association from extinguishment under the Marketable Record Title Act, chapter 712.
(f) A listing by name and recording information of those covenants or restrictions affecting the community which the association desires to be preserved from extinguishment.
(g) The legal description of the community affected by the covenants or restrictions, which may be satisfied by a reference to a recorded plat.
(h) The signature of a duly authorized officer of the association, acknowledged in the same manner as deeds are acknowledged for record.
(2) Recording a document in substantially the following form satisfies the notice obligation and constitutes a summary notice as specified in s. 712.05(2)(b) sufficient to preserve and protect the referenced covenants and restrictions from extinguishment under the Marketable Record Title Act, chapter 712.

Originally Posted by biker1 (Post 2025966)

Which CDD are you in? /QUOTE]

L-80 Courtyard.

It states that it is valid for 99 years and automatically renews every 10 years after that. While it's stated in there, it still expires. I'm not a lawyer, don't know what to tell you, this is what our lawyer told us. The Florida statute probably supersedes the document or came into effect after our document.

It wasn't a big deal other than the fact that our HOA wasn't really aware that it was necessary until about two weeks before it ran out so a meeting had to be called, someone had to be given authority to sign it and spend the money.

I believe this was done, but I've been up north for 12 days and just got back. I haven't caught up on all the stuff going on around here.