Quote:
Originally Posted by BrianL99
No offense intended gentlemen, but Mr. Bill & OrangeBlossomBaby, you have little or no understanding of real estate law, zoning and restrictive covenants.
Real Estate ownership in most countries is based on a "Bundle of Rights". Those rights can be transferred, sold or withheld, almost at will. The Developer can sell some lots with "restrictions", yet not restrict others. ( Bundle of rights - Wikipedia)
The "Law" can effect real estate in general and can limit or control almost anything and can tell you, your home can't be rented or painted purple.
The "Law" in Florida regarding prohibiting regulation of STR's, applies to communities and counties, not individual land owners. Land owners selling property, can "retain" the right to restrict the use of properties they sell. They are only selling the part of the "bundle" they want to sell.
About the only right a Seller can't retain, is a "right" which offends public sensibilities (i.e., prohibiting a certain race or religion from buying or living on the property).
The Developer can reserved the right not to enforce some restrictions (within reason), but that generally doesn't prevent a 3rd Party Beneficiary from seeking to enforced those restrictions (either within the framework of the restrictive scheme or perhaps under the theory of Detrimental Reliance).
Before you go much further down the road of what's legal, what the developer can do or not do and how Florida law effects individual landowners, you should acquaint yourself with the how property rights work.
Restrictive Covenants – Everything You Need to Know
Covenants, Conditions, and Restrictions | Attorneys' Title Guaranty Fund, Inc.
Can a Restrictive Covenant Be Removed From a Property? | HowStuffWorks
Restrictive Covenants: Definition, How They Work, and Examples
Land Use 101 is dismissed for the day. |
So where does that leave us....
Most deed restrictions do not mention rentals at all. When businesses are mentioned in the deed restrictions, most specify maintaining an inventory or customer visits, neither of which likely apply to rentals.
The Florida law 509.032 mentions law, ordinance, or regulation but does not mention deed restriction. This likely means it would not invalidate a Villages deed restriction (but that would be up to a court to decide).
No one has yet cited a case ruling against renting in the Villages.
Thank you for doing some research and providing links but I'm still feeling pretty good about my understanding of things.