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The Villages
Wednesday, April 24, 2024

Neighbors stuck with service vehicle and trailer due to gap in deed restriction

Neighbors in the Village of Osceola Hills are stuck with a service vehicle and trailer due to an apparent gap in the existing deed restriction.

David and Theresa Byrnes, who live at 3949 Zenith Loop, came armed with photographs when they appeared Thursday afternoon before the Community Development District 10 Board of Supervisors at SeaBreeze Recreation Center.

They said the service vehicle and trailer are regularly parked in the driveway of the home. The vehicle’s owner appears to be running a detailing service out of the home.

Director of Resident Services Matt Armstrong said a separate complaint has been lodged about a business being operated out of the home. That complaint is considered a violation of an internal deed restriction, thus it falls under the jurisdiction of the Developer.

“Will the Developer keep us informed of where they are with this process?” asked Supervisor Steve Bova.

“Typically, they do not,” Armstrong said.

Supervisors and residents were feeling equally powerless when it was revealed that a restriction on a service vehicle and/or trailer lingering in a driveway was apparently omitted from the deed restrictions, at least in these particular units in CDD 10. Such a restriction is included in the deed restrictions in other community development districts in The Villages. It is a bit of a mystery as to how such an oversight had occurred in CDD 10.

“One of the reasons we moved to The Villages was for the deed restrictions – and compliance,” said Theresa Byrnes.

Such a vehicle would be restricted in a villa unit in CDD 10.

CDD 10 Supervisor John Miller, who lives in a villa, said he was “surprised” to learn the restriction does not extend to other neighborhoods.

District staff and CDD 10’s attorney initially did not hold out much hope that the deed restriction, which is an agreement between the Developer and the homeowner, could be altered retroactively. However, it was decided they would take a look at the issue and report back at next month’s meeting.

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