A large group of residents from the Village of Mallory Square failed to persuade the Community Development District 6 supervisors not to approve a change that would make many of them in violation of their deed restrictions.
Prior to the districts taking over the architectural review process, homeowners were permitted to install landscape walls, curbing and edging in easement areas up to two feet from the property lines and rock was an acceptable alternative to sod in courtyard villas throughout and in limited use in patio villas. The manual revisions would permit owners to install landscaping structures in easement areas up to three feet from the property lines and allow courtyard villas to utilize rock as a sod replacement provided the front yard area includes plant material for aesthetic purposes.
The change was recommended due to concerns about drainage.
Mallory Square resident Glenn Pizzulo warned the board Friday morning that if they approved the change, many residents of CDD 6 would be out of compliance.
“To understand the magnitude of this problem all one has to do is stand in the middle of any street in CDD 6 and do a 360-degree scan. You will be in view of approximately 10 homes and seven of them will not meet the existing or new 3 foot guideline,” Pizzulo said.
He came armed with a stack of 26 photos of homes in his neighborhood which would be in violation of the new standard. However, the board refused to view the photos as it would have set in motion a deed compliance investigation.
Pizzulo, who was accompanied by many of his neighbors at the meeting, said residents have put in landscaping walls and curbing, which has enhanced the value of their homes and the neighborhood.
Many of those residents did not obtain the proper Architectural Review Committee approval. Some of those improvements were done before the residents bought their homes. The fact that ARC approval was never obtained was never disclosed by the seller or the realtor who sold them the home, Mallory Square residents indicated.
District counsel Valerie Fuchs said purchasers have a responsibility to do due diligence when buying a home. She indicated that homeowners might be able to seek damages from the seller if the prior owner did not get permission for the improvements.
However, a Mallory Square resident said that might not be reasonable as many of the sellers are no longer living.
“Many of the estates are closed out and there is no recourse,” said resident John Thomson. “We bought the homes in good faith.”
Board members pointed out to the residents that the deed compliance process is complaint driven.
“If no one complains, nothing is going to happen,” said CDD 6 Chair Sally Moss.
However, Pizzulo said that’s not right.
“Standards are for everyone. Not just if you have a cranky neighbor,” he said.
In the end, CDD 6 supervisors voted unanimously to revise the Architectural Review Manual. You can read all of the language at this link Architectural Review Manual
The revision has also been approved by CDDs 1, 2, 3, 4, 5, 7, 8, 9 and 10.
Residents said they were unhappy with the CDD 6 board’s decision.
“I’m very disappointed. Our voices were not heard,” said resident John Jones Jr.
