[Villager1234]

Is there any way to find out if a house is in compliance before you buy it

[Bill14564]

Originally Posted by Villager1234

Is there any way to find out if a house is in compliance before you buy it

Not that I am aware of. There doesn't seem to be any service that will do an inspection looking for deed restriction violations. (if anyone knows of one, please post contact information)

You *can* work with the Community Standards Department to get some information. You can ask them if there have been any ARC approvals (and maybe disapprovals) for changes to the home. In particular, if there is a large amount of stone, a widened driveway, fancy shrub beds, or even a stone wall around the shrub beds then you would hope to find an ARC-approved application for those. Also, if you see something different about the home and those around it then you might ask Community Standards about that as well and hopefully they could tell you that it was either part of the original construction or added after an approval.

You might also be able to contact the county for any permits for work done on the home. I haven't tried this myself but it should be possible.

[Villager1234]

The whole system seems to be unfair. If the Villages can issue summonses they should have some way of checking to see if a house is in compliance. Is a copy of compliance requirements available?

[Chellybean]

This is a very simple solution! Have the seller sign a affidavit that the house is in compliance, and if it becomes an issue they will correct the out of compliance at there expense.

[Bill14564]

Originally Posted by Villager1234

The whole system seems to be unfair. If the Villages can issue summonses they should have some way of checking to see if a house is in compliance. Is a copy of compliance requirements available?

It's a question of proving a negative. It is simple to point to something that is not in compliance but it is not so simple to look at everything and declare that nothing is out of compliance.

The officials that issue the notifications of violation do so after visiting the home and observing the specific deed violation noted in the complaint. No one (except the rumored clipboard ladies or an irritated neighbor) is looking at homes and trying to find violations.

Homes are required to comply with the deed restrictions which can be found on districtgov.org. It would also be useful to look at the Architectural Review Manual for the particular district. This manual is the guide to what will be considered a violation and what requires ARC approval. If there is something unique about exterior of the home, this manual will help you to determine if it required ARC approval; then you would ask Community Standards if approval was given.

Some potential violations could be difficult to determine. I am not aware of a good way to recognize if these things are in compliance:
- Shingle color. It would be out of compliance if it was changed from the original without approval but you wouldn't know just from looking at it what the original color was.
- House and trim color. Again, you don't know from looking at it whether it was changed without approval.
- Shrub bed size.
- Driveway width. It may look good but if the previous owner had it replaced and it is now 3" too wide then it is out of compliance.
- Stones in place of grass. If the stone in front of the home looks like the stone in front of all the other homes then you assume it is okay. Unfortunately for some, that is not always the case.

Any deviations from the as-built configuration need to have been approved to be compliant. I don't know if there is a place to find the as-built configuration to compare it to the current configuration.

[villagetinker]

Originally Posted by Chellybean

This is a very simple solution! Have the seller sign a affidavit that the house is in compliance, and if it becomes an issue they will correct the out of compliance at there expense.

I agree and like your idea. I am hoping a real-estate lawyer will comment on this approach, this is really a concern in the Villas where many have removed grass and installed stone. I also imagine there would need to be a time limitation on the agreement. There was a recent article about a house purchased in 2017 that was just recently reported for being out of compliance from work done before the purchase.....

[Topspinmo]

Originally Posted by Villager1234

Is there any way to find out if a house is in compliance before you buy it

No, you have to read through pages of lawyer’s jargon in each of the 13 plus districts cause they are not all same. Some say due diligence. But, there no way knowing unless you read every word in that district restrictions and have lawyer on call for interpretation.

IMO if house sold the compliances are nullified. But, about every house sold the new owners does upgrades with contractors that in most cases don’t care. This where the non compliance issues rises.

[Topspinmo]

Originally Posted by Chellybean

This is a very simple solution! Have the seller sign an affidavit that the house is in compliance, and if it becomes an issue they will correct the out of compliance at there expense.

Like seller going to do that when they can’t even determine it it’s in compliance. If I was seller I say move along this house is not for you.

[Michael 61]

If I was purchasing a resale home, and the landscaping had been enhanced, or a birdcage or other structure was added to the home, you bet I would be asking for a copy of the ARC approval prior to purchasing the home.

[Topspinmo]

Originally Posted by villagetinker

I agree and like your idea. I am hoping a real-estate lawyer will comment on this approach, this is really a concern in the Villas where many have removed grass and installed stone. I also imagine there would need to be a time limitation on the agreement. There was a recent article about a house purchased in 2017 that was just recently reported for being out of compliance from work done before the purchase.....

Patio villas.

[Topspinmo]

Originally Posted by Michael 61

If I was purchasing a resale home, and the landscaping had been enhanced, or a birdcage or other structure was added to the home, you bet I would be asking for a copy of the ARC approval prior to purchasing the home.

You know that now but majority have no clue.

[retiredguy123]

Originally Posted by Topspinmo

Like seller going to do that when they can’t even determine it it’s in compliance. If I was seller I say move along this house is not for you.

I agree. As a seller, I would never sign an agreement like that. Also, Florida law has a very detailed disclosure process and legal format. The seller is only liable for defects that he/she is aware of at the time of sale.

[Laker14]

You might start with a conversation with those that enforce the standards, and just ask them what are the most common issues they run across. My guess would be lawn ornaments (those are easy to rectify), landscaping beds too close to the road, too much stone work replacing the grass, and whatever else they can tell you.

Then read the compliance standard for the particular district you are interested in, and then inspect the place yourself. Make sure you understand the most common issues, and bring a tape measure.
Personally, I wouldn't worry about roof color or paint and trim unless you see something glaringly obvious.

[Laker14]

Originally Posted by Michael 61

If I was purchasing a resale home, and the landscaping had been enhanced, or a birdcage or other structure was added to the home, you bet I would be asking for a copy of the ARC approval prior to purchasing the home.

Good point. Any obvious enhancement should be easy to spot and relatively easy to track down.

[Brwne]

Originally Posted by Villager1234

Is there any way to find out if a house is in compliance before you buy it

I helped a friend of mine buy a preowned home that had both a pool and "after market" landscaping. Through his Villages agent, the Seller was required to provide copies of the building permit and CO, for the pool, and an approved ARC application for the pool and landscaping. Fortunately, the Seller was the original owner and had copies of the building permit and CO. The Seller, though, had to document and file an ARC request for retroactive approval, which he received. BUT, we only knew to make those demands because of "local knowledge" - an out-of-the-area new buyer of a pre-owned home may not.

Seems to me, a non-Villages realtor, that is experienced in selling Villages preowned homes, would breach their fiduciary responsibilities by knowingly not verifying approvals that are a known requirement. The Villages agents are not Realtor's, though they do have real estate licenses. I am not sure how that changes their fiduciary responsibilities.

There is a potentially high demand service opportunity here - independent verification of compliance. Maybe, if that service was readily available, Villages agents would start offering that verification as part of the sales process.

Oh, if I were not retired...