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The Villages
Friday, March 29, 2024

Class action lawsuit to abolish ‘anonymous’ reporting

To the Editor:

This is in support of Richard Grimaldi (CDD 8) and his suggested route of a class action lawsuit to abolish “anonymous” reporting of violations of declarations.
My understanding is that complaints may be made by residents or any other person by phone, fax, mail, electronic mail or in person. It is specifically stated in the Procedures for Compliance for District 3, Appendix B to Resolution 17-03:  “If the contact information … is known, it is logged for future follow-up and becomes part of the case record …  However, complaints may be accepted  anonymously.”  In Appendix A at the 6th WHEREAS, in Memorandum of Agreement between The Villages of Lake-Sumter, Inc. with District 3, “The Villages,” s desires to provide this written memorandum of agreement consenting to the adoption of said rules ….”
In order for the District to adopt its own rules, the Developer under auspices of The Villages must first give written approval. There’s a sign!
From my research, and it may not be 100 percent, per Interlocal Agreement (on file in Sumter County) the Village Center Community Development District (“Center District”) contracts with each individual District (i.e. 3, 4, 8) to implement its rules, policies, procedures relevant to deed compliance. The services rendered by Community Standards and/or Center District personnel, including costs and expenses, are proportionally charged back monthly to each district having contracted with Center District.
At inception, possibly up to 10 years ago, a Deed Compliance Fund was to have been established for District No. 3 in the amount of fifty thousand ($50,000) dollars for the purpose of implementing the Deed Compliance Rule. The concept was for the fund to be replenished by fines imposed and collected for violations; any surplus to go into a District 3 reserve fund. The intent was for the Deed Compliance Fund to eventually become self sufficient. My thought … the more complaints to process the more to charge back.  Why would the Developer want to do away with anonymous complaints?
I have not researched the actuality of a District 3 reserve fund.  What I am aware of is District 3 budgeted $43,164 for Deed Compliance services for 2019-20 and through April 2020 had used $25,179 of that line item. It is proposing $49,794 for fiscal year 2020-21. The Villages Center Community Development District for fiscal year 2020-21 has proposed $121,706 for Deed Compliance Services; up from $78,315 for 2019-20 and has by Resolution 20-14 approved it to go to a public hearing. Through April 2020 it had used $45,685 of the $78,000+ budgeted for 2019-20.
I purchased and have reviewed Community Standards 2019 Deed Compliance Complaint Lists. There were less than 90 out of over 1,100 complaints with an identified Complainant, many first name only.  My numbers do not correspond with Community Standards 2019 Yearly Report; it reflects a cumulative figure of over 1800.  My presumption is Architectural Review is incorporated in that figure, since it falls under the umbrella of Community Standards.
The Declaration of Restrictions (on file in Sumter County) for my Villages of Sumter Unit on behalf of The Villages of Lake-Sumter, Inc., as Developer, is attached to the Unit’s Deed.  That is the hold Developer has over each homeowner. To change the Declaration of Restrictions would require an individual agreement with the Developer.  Does anyone see that as a possibility?
District 3 is comprised of the Villages of Belle Aire, Glenbrook, Summerhill and Polo Ridge. There is no uniformity as to ornaments. Certain streets are not prohibited from having lawn ornaments, while others in the same Village are prohibited, except for seasonal displays not to exceed a thirty (30) day duration.  It makes no sense.
I do understand the significance of being prohibited from enjoying the pleasure of a tasteful lawn ornament in one’s own yard. In all likelihood a potential homeowner, having seen lawn ornaments in travels throughout The Villages, might not understand the significance of signing away that personal freedom at closing. Not all is equal in The Villages. How could you even second-guess the enormity of how such a simple act as putting a lawn ornament in your yard, if you persisted in not following the rules based on an anonymous complaint, could end up with you at a Public Hearing defending yourself to no end, while being assessed costs, fines and fees. Now if one wants a vegetable garden in the front lawn, State Statute supersedes those of The Villages.
If a class action is not the route to go, possibly a State Law. It does not seem reasonable to allow for anonymous complaints. I can see the necessity of the complaint process under signature if someone is being personally impacted by another’s actions or suffering consequences from a violation. An inanimate object, especially a tasteful lawn ornament, shouldn’t result in a complaint. It can, however, because someone unwittingly, and apparently many someones, signed on the dotted line in order to purchase their home. I’m sure anonymous complaints by trolls never crossed a purchaser’s mind.
The Developer’s stance via Community Standards is “ignorance is no excuse.”  Obey or pay!  Again, more complaints …more charge-back to Districts. Money, money, money!! A Board of Supervisors, if a violation finds its way to a Public Hearing, bases its action on and is influenced by advice or input from the Center District (The Villages and/or Developer or Declarant) through Management personnel … District Counsel and District Manager who are not without influence from the Developer or its representative. All the disgruntlement in the world and voicing objections to the anonymous reporting process isn’t going to make a change.  The only possible way for change to come about is for someone to have the financial means, know how, legal assistance and determination to tackle the issue. A District’s Board of Supervisors cannot make a change to its Rules without first getting permission from the Developer.  Anonymity stays until the Developer says “nay” or a more powerful entity intervenes.

Mary King
Village of Summerhill
Community Development District 3

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