Quote:
Originally Posted by oldtimes
I have looked into this exhaustively and there is pretty much nothing we can do as long as the developer chooses to ignore it. Until something horrible happens that negatively affects sales it will continue. At some point if it becomes uncomfortable enough we will probably move into a community that does enforce the restrictions.
|
I don't know what you mean that you "looking into it exhaustively", but I disagree.
All owners are 3rd party beneficiaries of the Deed Restrictions. The Developer has the right, but not the obligation to enforce the Restrictions. Any 3rd party beneficiary should have the right to bring suit to enforce them (or at least in some circumstances, as the Deed Restrictions vary throughout TV).
If I'm not mistaken there's a fairly new FL law that prohibits counties/towns from adopting regulations that prohibit STR's, but I doubt that has any bearing on TV, as the owner's of the units, had prior knowledge that "Business Use" is prohibited in TV. Under Florida Law, short term rentals a defined as a "Business".
Personally, I'd love to see a few 100 TV residents get together and file a lawsuit.