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The Villages
Wednesday, May 11, 2022

Wisconsin widow attempting to sell patio villa in violation of deed restriction 

A Wisconsin widow is apparently attempting to sell a patio villa which is under the cloud of a deed restriction violation.

The home at 1984 Peaceful Path in the Fairhope Villas in the Village of St. James was the subject of a public hearing Friday morning before the Community Development District 8 Board of Supervisors.

The home has been listed by Kathy Collins of Properties of The Villages and a “pending” sale sign is on display at the patio villa.

A sale is pending at the patio villa at 1984 Peaceful Path where the home is in violation of a deed restriction
A sale is pending at the patio villa at 1984 Peaceful Path where the home is in violation of a deed restriction.

During the public hearing, the CDD 8 Board of Supervisors viewed photographs of rock put down as ground cover at the home. The homeowner put the rock down without the approval of the Architectural Review Committee and tried, but failed, to retroactively win the ARC’s blessing. Rock is only permitted as an accent in landscaping at patio villas in CDD 8.

A sale is apparently pending at this home in violation of the deed restriction regarding rock at a patio villa
A sale is apparently pending at this home in violation of the deed restriction regarding rock at a patio villa.

“They tried to do a nice job with it. But it’s in violation,” said CDD 8 Chairman Larry McMurry.

The patio villa was purchased for $160,000 in 2013 by Richard and Carol Johnson.

Richard Johnson died April 18 at age 79 at Cornerstone Village Hospice House.

Community Standards has been in touch with Carol Johnson and had hopes she would be in attendance at Friday’s meeting at SeaBreeze Recreation Center. However, she remains in Wisconsin and did not make the trip for the public hearing. The tax bill for the property is mailed to an address in Madison, Wis.

The supervisors appeared to be unaware that a pending sale sign is up at the patio villa. However, supervisors asked hypothetical questions about selling property found in violation of deed restrictions in The Villages.

“Is the violation registered with the county?” asked Supervisor Sal Torname.

District Counsel Mark Brionez said the violations are not registered with the county. He also indicated the violation would not likely surface during a title search.

“If there is a sale, the buyer doesn’t know unless the seller lets them know,” Brionez told the board.

The board agreed to give Johnson 30 days to bring the property into compliance. If it is not brought into compliance, she could face a series of fines.

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