Quote:
Originally Posted by golfing eagles
I'm confused about the whole issue, but then again I have no specific real estate or restrictive covenant knowledge, so this may be a stupid question: Isn't TV primarily zoned for single family residences, so how does 6 unrelated individuals fall into that category? Does zoning only apply to the owner and not to whomever they rent to? Isn't there some sort of remedy for this?
Which leads to the question of what's next. Section 8 housing???? Halfway houses? Homeless shelters??? Bronx style high rise tenements? Are we primarily a 55+ retirement community or a 1 week vacation destination and flop house for illegal aliens?
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Singe-family zoning likely means no apartment buildings and maybe no duplexes though the existence of the lofts at Brownwood would argue against that. I did not find any mention of single-family in my restrictions. I may have missed it and most restrictions differ in some way so maybe that is a requirement in others.
I have to believe that I am allowed to have friends visit so single-family cannot prohibit overnight guests who are not related. At some point an extended stay becomes a residency but my guess is that anything less than 30 days (maybe even 90 days) would not be an issue.
My restrictions have a long paragraph on at least one resident being 55 years of age. Within that paragraph there are exceptions for ages 19-55 residing in a home without one resident over 55 as long as the number of these homes does not exceed 20% of all homes. 20% of all homes is a very large number and a renter is likely not considered a resident.
All the above and the section 8 or flop house question depend on enforcement. The Developer should be able to enforce the rules at the time of sale (keeping 55+ owners in 80% or more of all homes) and they certainly have the right to enforce the deed restrictions after the sale. However, either the restrictions do not prohibit rentals or no one, including the Developer, is sufficiently interested to attempt to enforce a rental prohibition.
Note: IANAL (as has been point out), these are just my thoughts after reading the restrictions and observing what is happening