[Bill14564]

Originally Posted by tophcfa

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The internal deed restrictions being violated by these rentals are the responsibility of the developer to enforce and they have chosen to look the other way. It’s no wonder why, restricting rentals will reduce demand for new homes since some potential home buyers won’t be able to easily generate income from their home while living there. And as anyone paying attention knows, it’s all about selling homes. Talk about the fox watching the hen house, can you say “conflict of interest”. As far as Sumter County doing something about the situation, don’t hold your breath. The county is basically controlled by the developer, and if they don’t want to address the situation don’t expect the county to act otherwise.

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Are you sure that is how your deed restrictions read? Mine absolutely do not, mine state the owners have the right and the duty while the developers have the right but NOT the duty to enforce the deed restrictions.

All Owners shall have the right and duty to prosecute in proceedings at law or in equity against any person or persons violating or attempting to violate any covenants, conditions or reservations, either to prevent him or them from so doing, or to recover damages or any property charges for such violation. The cost of such proceedings, includiog a reasonable attorney's fee, shall be paid by the party losing said suit. In addition, the Developer shall also have the right but not the duty to enforce any such covenants, conditions or reservations as though Developer were the Owner of the Homesite, including the right to recover reasonable attorney's fees and costs. Developer may assign its right to enforce these covenants, conditions or reservations and to recover reasonable attorney's fees and costs to a person, committee, or governmental entity.

In addition, *some* deed restrictions include the highlighted statement below while mine do not:

Properties within the Subdivision are intended for residential use and no commercial, professional or similar activity requiring either maintaining an inventory, equipment or customer/client visits may be conducted in a Home or on a Homesite. Renting and leasing of Homes within the Subdivision is prohibited without the prior written consent of the Developer. Owners of Homes within the Subdivision may not transfer their rights to those recreational facilities arising from payment of the Contractual Amenities Fee to any party, except to subsequent Owners of the Home, without the prior -written consent of the Developer.

So renting is prohibited in *some* areas but not all and if there is a violation, it is the duty of the homeowner to pursue a legal remedy but NOT the duty of the developer.