Homeowner digs in to defend trellis
Homeowner Jerry Floyd is digging in for a fight with the retirement community’s developer over deed restrictions
Article Courtesy of the Orlando Sentinel

 
By Robert Sargent Jr. | Sentinel Staff Writer 
Posted March 21, 2002 

OXFORD -- Call it the War of the Bougainvillea.

A dispute over an 8-foot trellis pits the developer of The Villages against the resident who planted it in front of his home to grow a bougainvillea vine.

The Villages is demanding that Jerry Floyd take the trellis down, arguing that it violates one of the many deed restrictions placed on most homes in the nearly 30,000-resident community. Floyd, who says he was not told about the deed restrictions when he bought his home, argues that the long list of rules is unfair to residents. 

"If they come here to take it down, I will handcuff myself to it," said Floyd, a retiree from Michigan who says he paid $25,000 to landscape his dream home with large palms and a brick-paved driveway.

Deed restrictions are used in many large developments as an accepted standard for what homeowners can do with their properties. That can ensure proper upkeep of the community. 

But many say such restrictions also can cause problems. 

Two years ago, angry residents in Marion County urged commissioners there to adopt an ordinance requiring developers to submit a list of restrictions and financial reports to the clerk of the circuit courts so that they would be available for public inspection.

Several residents of The Villages then joined with Marion residents to push for lawmakers to reform the use of deed restrictions. Legislators are considering a bill this year to create a state task force that would look into homeowner rights in large communities. 

If approved, the task force will submit a report to the state within a year with suggestions for laws to protect homeowners. 

Tom Poss, a board member with the Property Owners Association in The Villages who is among those lobbying for the bill, said one problem with deed restrictions is that the developer may go after only some of the potential violators.

"That's what is ironic about it: For every deed restriction violation they find, I can find five more people doing the same thing," Poss said. 

Floyd said he found lots of violations in the neighborhood after discovering the rules imposed on his own home. 

The Villages restricts everything from one dog per household to the types of plastic garbage bags that can be used. Deed restrictions also prohibit homeowners from having signs in their yard other than a small plate with their name on it. 

The developer even reserves the right to create more rules. 

Floyd said he first tripped across his restrictions several weeks ago when a contractor working on his driveway placed a small sign in the yard. The Villages' neighborhood watch warned him about the deed restriction limiting the number and types of signs for each home. 

The neighborhood watch then returned soon after Floyd put the finishing touch on his massive yard project -- a custom-made, $486 trellis to support a large bougainvillea. 

This time, Floyd was cited for an unapproved modification to his home. Villages representatives said the trellis could not be placed in front of the house. 

Floyd lost an appeal to The Villages' architectural review committee in February. Then The Villages' central government – the Village Center Community Development District - sent a final warning to remove the trellis.

"If the trellis is not removed within 15 days from the date of this letter, I will have the trellis removed at your expense," wrote Monica Andersen, the district amenity services director.

Officials with the development district could not be reached for comment Wednesday. 

The letter states that the developer can charge Floyd with the cost of removing the trellis and even place a lien against his lot with the right to foreclose on it.

In many communities, restrictions are typically handled by an association of the homeowners. The Villages is unusual in that homeowners who violate deed restrictions must answer to the developer who sold them the homes.

In this case, the retirement mecca has the Village Center district -- its own mini government controlled by the developer -- that operates the neighborhood watch program and issues warnings to residents.

Floyd said he was stunned that any government would cause such a ruckus over a trellis for his beloved bougainvillea.

"It's just got me really shook up," he said.

In the meantime, Floyd is watching his trellis very carefully.