{"id":1881,"date":"2021-12-08T10:00:00","date_gmt":"2021-12-08T15:00:00","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=1881"},"modified":"2024-04-25T23:19:23","modified_gmt":"2024-04-26T03:19:23","slug":"wait-what-do-you-mean-i-cant-build-this-rock-garden","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/wait-what-do-you-mean-i-cant-build-this-rock-garden\/","title":{"rendered":"Wait, What Do You Mean I Can\u2019t Build This Rock Garden?"},"content":{"rendered":"\n
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Dealing With a Picky Deed Restriction<\/em><\/strong><\/p>\n\n\n\n

A recent news report on The Villages, a well-known retirement community that spans three Florida counties, discusses a resident who moved back up to Wisconsin after the death of her spouse. The focus of the news column? Her decision to sell her patio villa before correcting a violation of a deed restriction. And what did this resident do wrong? She used rocks in the landscaping around the patio. It seems rocks are OK as accents, but they are not OK as ground cover.<\/p>\n\n\n\n

A supervisory board for her particular Community Development District (\u201cCDD\u201d) within The Villages held a meeting to discuss the matter. Then came the public hearing. The district officials looked at pictures of the offending rocks, put in place without the Architectural Review Committee\u2019s say-so. The board chair commented on how the unit owner tried to make it look nice. But rules are rules, said the board. And the seller has to comply.<\/p>\n\n\n\n\n\n\n\n

What Is the Architectural Review Committee?<\/strong><\/h2>\n\n\n\n

The Architectural Review Committee<\/a> exists to make sure all the units in a development have a certain look. At The Villages, the general rule is this:<\/p>\n\n\n\n

Whether it is a pool addition, landscaping, painted driveway, porch enclosure, coloring of walks and\/or driveways, arbors, pergolas, trellises or removal of trees that are greater than four (4) inches in diameter, it is necessary to submit a Modification\/Alteration Form for approval.<\/em><\/p>\n\n\n\n

What gives the board the right to make such a rule? The state. It\u2019s the Florida Statutes that authorize Community Development Districts. The CDDs can establish, and enforce compliance with, deed restrictions. Also known as restrictive covenants, deed restrictions limit the allowable uses of a property.<\/p>\n\n\n\n

And there\u2019s a specific procedure to follow. Under Florida law, the board of supervisors can\u2019t speak with residents about compliance with their Declaration of Covenants and Restrictions. It\u2019s the Community Standards Department<\/a> that receives complaints and follows up with violators.<\/p>\n\n\n\n

So, a Community Standards rep asked the seller of the rocky patio villa to show up at a meeting. But she was out of state. In her absence, she was given 30 days to redo the landscaping, or a \u201cseries of fines\u201d would ensue.<\/p>\n\n\n\n

When Units Violate Deed Restrictions: What Buyers Should Know<\/strong><\/h2>\n\n\n\n
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Let\u2019s look further into this Florida development\u2019s rules to illustrate the idea of deed restrictions. Here are some of the many deed compliance<\/a> items at The Villages:<\/p>\n\n\n\n