[Ele201]

Originally Posted by Bill14564

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 a legal remedy but NOT the duty of the developer.

To which I’d add, suing your neighbor over a “deed restriction “ would be most unpleasant and a hassle. Guess The Villages may not be the Friendliest Hometown in America after all.