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yes, indian paint brushes and blue bonnet time of the year.......
Welcome Home!
Friends of ours (husband and wife) recently bought 40 acres near the Orlando Florida area. I was drooling. They know Dh, and I are wanting to get some property. She commented that they would have preferred it, if it had some trees on it. There is not even 1 tree on the entire 40 acres. That fact slowed down my drooling some. Ok, not a big deal. Dig a pond or two (depending on how they divide up the pasture), plant a stand, or two of water oaks nearby, and within a few years they will have some decent shade trees. They've subsequently been out to the property a few times, done some planning, and spoken to a couple nearby neighbors. It would seem that their neighbors have tried digging ponds. Apparently the land is high enough, and the soil so sandy, they ended up with 8 foot deep sand pits, so they're not expecting to fare any better than their neighbors in digging a pond. When they got the property, they had been verbally informed there was no HOA, and only the deed restrictions were the ones applied by the county, but they were awaiting approval on the HOA. The HOA was simply to safeguard the current property owners to keep it as an agricultural community, which would prevent the larger parcel owners from selling to a housing, or apartment developer. Well, they got their copy of the new HOA deed restrictions.
It's not an agriculture community, but an equestrian community. They must build an enclosed main barn with no less than 4 stalls. No pole barns allowed, not even for shade out in the pasture areas, even if there is a main enclosed barn. It's 96+ degrees out during the daytime, for at least 7 months out of the year, cooling off to about 90 degrees at night, but they aren't allowed to put a pole barn in the pasture to shade the livestock tanks (yeah, water gets very warm in the direct sunlight at those temps.) to cool the water, and give relief to the animals? Remember, there isn't a tree on this property to provide any shade. Do they expect them to keep the animals in the barn all the time? If all buildings have to be enclosed, what about chicken coops, and runs? Nope, no chicken coops, and runs allowed. Well, what about their pet pig? She wasn't sure, but felt that she could get away with having their pet pig, since it's on 40 acres, they're not close to anyone else, and it doesn't bother anyone. When they returned from their visit to their property yesterday, there was concern. It seems that they've started building walls between the access roads, and will be putting in gates. It's now in the process of becoming a gated equestrian community. I'm not drooling anymore. Nope, not one bit of drool.
As land owners, they could contact the other residents and fight to get the PUD restrictions changed. In fact, they could outright get the restrictions removed completely. I do feel sorry for them that they got shnockered. Terribly wrong that any and all aspects of a real property contract or agreement must be in writing. I think I'd be putting it back on the market were it me. Lots cheaper than trying to battle it out in court.